£F 


v 


SMITHSONIAN  MISCELLANEOUS  COLLECTIONS. 

328 


THE 

SMITHSONIAN  INSTITUTION: 

'/ 

DOCUMENTS 
RELATIVE  TO  ITS  ORIGIN  AND  HISTORY. 

EDITED  BY 

WILLIAM  J.   RHEES. 


WASHINGTON: 
PUBLISHED  BY  THE  SMITHSONIAN  INSTITUTION. 

1879. 


ADVERTISEMENT. 


The  Board  of  Regents  of  the  Smithsonian  Institution  in  January, 
1878,  requested  its  Secretary  to  prepare  and  publish  a  history  of 
its  origin  and  progress,  such  as  he  was  pre-eminently  qualified  to 
furnish.  The  materials  necessary  for  this  purpose  had  in  part  been 
brought  together,  when  the  death  of  Professor  Henry,  on  the  13th 
of  May,  prevented  the  carrying  out  of  the  original  plan.  As  the 
documents  collected  are  necessary  to  any  future  historian  of  the 
Institution*,  Mr.  Wm.  J.  Rhees,  who  had  been  entrusted  by  Pro- 
fessor Henry  with  their  selection,  was  requested  by  the  Chancellor, 
Chief  Justice  Waite,  to  continue  the  work,  and  the  present  volume 
is  the  result  of  his  labors. 

In  this  will  be  found  the  Will  of  Smithson,  all  the  Congressional 
debates  and  legislation  relative  to  the  bequest,  and  many  documents 
which  could  probably  only  have  been  brought  to  light  by  one  per- 
fectly familiar  with  the  operations  of  the  Institution,  Mr.  Rhees 
having  been  associated  with  Professor  Henry,  as  its  Chief  Clerk, 
for  more  than  twenty-five  years. 

The  amount  of  labor  in  the  preparation  of  this  volume,  was  very 
great,  as  all  the  data  was  procured  from  original  sources.  Manu- 
scripts and  documents  were  consulted  in  the  Department  of  State, 
Treasury  Department,  the  Capitol,  and  elsewhere ;  and  every  page 
of  the  voluminous  records  of  the  proceedings  of  Congress  for  more 
than  forty  years  was  carefully  examined  so  that  an  account  of 
everything  relating  to  the  Institution  could  be  presented. 

SPENCER  F.  BAIRD, 
Secretary  Smithsonian  Institution. 

WASHINGTON,  April,  1879. 


L  I  B  R  A  R  Y 

UNI  V  Kit  SIT  Y   OF 

CALIFORNIA, 


PREFACE. 


Many  individuals  have  become  entitled  to  gratitude  for  gifts  to 
a  community  or  services  to  their  country,  but  few  have  acquired 
distinction  as  the  benefactors  of  mankind.  The  desire  for  posthu- 
mous fame  has  induced  some  to  erect  monuments  to  themselves  by 
founding  libraries,  others  by  endowing  schools  of  learning  or  chari- 
table establishments ;  but  very  few  have  succeeded  in  devising 
a  plan  by  which  their  names  should  not  only  acquire  world-wide 
renown,  but  their  benefactions  be  of  universal  application. 

To  James  Smithson  belongs  the  rare  and  proud  distinction  that 
his  bequest  is  for  no  particular  locality  and  confined  to  no  limited 
period.  His  aim  is  to  benefit  all  men,  and  is  never-ending  in  its 
action. 

Smithson  selected  the  United  States  of  America  to  carry  into  effect 
his  noble  design,  believing  that  to  confer  a  benefit  on  all  mankind 
he  could  confide  in  a  nation  composed  of  representatives  of  all 
races,  where  no  narrow  interpretation  would  be  given  to  his  words, 
or  selfish  limitation  be  placed  on  his  charity.  Turning  from  the 
unstable  monarchies  and  decaying  empires  of  Europe,  he  sought 
for  perpetuity  of  his  ideas  in  the  rising  power  and  wonderful  pro- 
gress of  the  young  republic. 

Smithson's  life  was  devoted  to  original  research,  as  all  his.  writ- 
ings show,  and  accustomed  to  the  use  of  tha  precise  language  of 
scientific  investigators,  he  made  the  words  of  his  will  brief,  but  as 
explicit  as  his  intention  was  clear  to  his  own  mind.  Nevertheless 
his  idea  was  in  advance  of  popular  intelligence  in  this  country,  and 
a  discussion  took  place  which  rendered  it  impossible  for  eight  years 
for  Congress  to  adopt  a  plan  to  carry  out  his  beneficent  intention. 

Legacies  too  often  prove  more  fruitful  of  wasteful  litigation  or 
disputation  than  of  immediate  or  general  benefit,  and  the  history 
of  the  Smithson  bequest  should  prevent  other  philanthropists  from 


VI  PHEFACE. 

giving  occasion  to  similar  controversies.  Notwithstanding  the  de- 
lay in  establishing  the  Institution,  and  the  difficulty  in  deciding  on 
the  best  plan  of  organization,  after  more  than  thirty  years  of  its 
active  and  useful  existence,  it  is  gratifying  to  know  that  the  fund 
left  by  James  Smithson  not  only  remains  unimpaired,  but  has  been 
very  largely  increased. 

There  can  be  no  doubt  that  Smithson's  world-wide  renown 
is  due  not  only  to  his  own  acts,  but  to  the  enlightened,  pure, 
and  able  administration  of  the  trust,  and  that,  with  the  name  of 
the  founder,  will  always  be  held  in  admiration  and  esteem  that  of 
the  first  Secretary  of  the  Institution,  Professor  Joseph  Henry.  Of 
the  many  plans  proposed  for  realizing  the  purposes  of  Smithsoo 
scarcely  any  would  have  carried  his  name  beyond  local  reputation. 
Much  larger  bequests  or  gifts  have  been  made  by  others  to  found 
libraries,  and  yet  the  names  and  foundations  of  such  persons  are 
scarcely  known  to  the  world.  The  Smithsonian  library  in  Wash- 
ington would  have  been  no  more  to  mankind  than  the  Rush 
library  in  Philadelphia,  the  Lenox  in  New  York,  or  the  Newberry 
in  Chicago,  each  of  which  has  a  foundation  of  more  than  a  million 
of  dollars. 

That  the  collecting  and  publication  of  the  materials  composing 
this  volume  should  have  been  so  long  delayed  has  been  a  matter  of 
regret  to  all  who  wished  to,  study  the  history  of  the  Institution  or 
or  to  become  acquainted  with  the  life  and  character  of  its  founder. 
The  fire  in  the  Smithsonian  building,  in  1865,  unfortunately 
destroyed  the  manuscripts  of  Smithson  which  had  come  into  the 
possession  of  the  Institution;  a  careful  examination  of  these  would 
have  probably  thrown  additional  light  on  his  character  and  pur- 
poses. ,  The  present  volume  has  been  prepared  by  special  direction 
of  the  Board  of  Regents  to  supply  the  want  long  felt  by  them  and 
others.  It  is  only  to  be  regarded  as  a  mine  or  store-house  of 
material  from  which  the  history  of  the  Institution  can  be  hereafter 
prepared,  and  from  which  illustrations  may  be  drawn  of  the  en- 
larged or  contracted  views  of  our  legislators,  and  the  wise  or  vision- 
ary  theories  and  schemes  of  literary  and  scientific  men. 


PREFACE.  VII 

After  a  copy  of  the  "  Will "  of  Smithson,  the  whole  of  the  corres- 
pondence resulting  from  it  is  given ;  the  announcement  of  the  be- 
quest made  to  the  Department  of  State  by  Mr.  Vail,  our  Charge 
d' Affaires  at  London  ;  the  appointment  of  Hon.  Richard  Rush  as 
special  agent  of  the  United  States  to  obtain  the  money,  and  all 
his  letters  while  engaged  in  this  business,  in  1836,  1837,  1838;  the 
opinions  of  the  English  solicitors ;  the  decision  of  the  Court  of 
Chancery  ;  the  bill  of  costs  of  the  suit ;  a  schedule  of  the  per- 
sonal effects  of  Smithson,  and  an  account  of  Mr.  Rush's  financial 
transactions. 

The  particulars  are  then  given  of  the  residuary  legacy,  or  that 
part  of  the  bequest  left  in  England  by  Mr.  Rush  as  the  principal 
of  an  annuity  to  the  mother  of  the  nephew  of  Smithson ;  the  steps 
taken  by  the  Institution  to  procure  this  money  in  1863,  and  how  it 
was  disposed  of  by  act  of  Congress  in  1867. 

Then  follows  a  reprint  from  the  Congressional  Globe  and  Record 
of  all  the  legislation  relative  to  the  bequest  or  to  the  Smithsonian 
Institution  from  1835  to  1878,  the  proceedings  in  the  Senate  and 
in  the  House  of  Representatives  being  given  in  order  from  the 
24th  to  the  44th  Congress.  The  parts  of  this  section  of  the  work 
of  most  general  interest  will  be  the  debate  on  the  propriety  of  the 
Government  accepting  the  bequest  and  the  discussions  and  reports 
on  the  various  plans  proposed  for  organizing  the  Institution. 

The  memorials  and  plans  presented  to  Congress  are  printed  in 
full  so  that  a  better  understanding  can  be  had  of  what  our  legis- 
lators had  before  them  in  considering  the  subject. 

The  history  of  the  investment  of  the  fund  by  order  of  Congress 
in  State  stocks,  and  of  the  financial  management  required  in  con- 
sequence, forms  a  large  part  of  the  volume,  and  is  given  in  detail 
for  the  first  time. 

The  account  of  the  controversy  which  arose  as  to  the  manage- 
ment of  the  Institution,  the  appointment  of  a  committee  of  investi- 
gation by  the  House  of  Representatives,  the  two  reports  of  that 
committee,  the  debates  in  Congress  and  the  final  disposition  of  the 
matter,  occupy  considerable  space. 


Till  PREFACE. 

For  convenient  reference  the  resolutions  relative  to  the  election 
of  Regents  and  the  printing  of  the  annual  reports  are  given.  It 
has  also  been  thought  proper  to  insert  the  debates  in  regard 
to  appropriations  for  the  preservation  of  the  collections  of  the 
Government  placed  in  charge  of  the  Smithsonian  Institution. 

Copious  extracts  are  made  from  the  diary  of  Hon.  John  Quincy 
Adams,  which  give  the  private  history  of  the  motives  of  action  by 
committees,  members  of  Congress,  and  public  men,  in  regard  to  the 
early  legislation  respecting  the  bequest. 

The  proceedings  in  Congress  present  a  great  many  plans  and 
schemes  proposed  for  the  disposition  of  the  bequest,  and  seem  to 
embrace  almost  every  possible  suggestion,  but  as  complete  a  col- 
lection as  possible  has  also  been  made  of  the  views  of  literary 
and  scientific  men  not  directly  presented  to  Congress.  These 
papers,  while  of  unequal  merit,  have  a  value  as  illustrations  of  the 
thought  of  the  time,  and  show  not  only  how  much  attention  was 
paid  to  securing  a  wise  disposition  of  the  Smithson  fund,  but  to  the 
wider  subject  of  the  general  promotion  of  knowledge. 

Following  the  programme  of  organization  proposed  by  Professor 
Henry  and  adopted  by  the  Board  of  Regents,  are  the  opinions  ex- 
pressed by  more  than  fifty  of  the  most  eminent  literary  and 
scientific  men  of  the  day. 

This  plan  has  stood  the  test  of  experience  of  more  than  thirty 
years  and  been  found  admirably  adapted  to  the  purpose  intended  ; 
it  has  triumphed  over  all  opposition,  and  is  now  universally  re- 
garded as  wise,  comprehensive,  and  satisfactory. 

The  Smithsonian  is  not  a  Government  Institution,  as  is  often 
supposed,  but  is  a  private  foundation,  originating  entirely  in 
the  bequest  of  an  individual.  The  management  of  the  establish- 
ment, however,  is  entrusted  to  the  Congress  of  the  United  States, 
and  hence  it  is  in  more  or  less  communication  with  that  body. 
Even  the  printing  of  its  annual  reports  occasions  discussion,  and 
a  larger  or  smaller  number  of  copies  are  ordered  according  to 
the  varying  mood  or  liberality  of  the  legislators.  As  the  national 
collections  in  natural  history  have  been  placed  in  charge  of 


PREFACE.  IX 

the  Smithsonian  Institution,  an  appropriation  must  also  be  asked 
every  year  for  their  preservation  and  exhibition.  -  The  discussions 
thereby  occasioned  show  how  unfavorable  they  are  to  a  quiet,  un- 
disturbed pursuit  of  the  great  ends  of  the  Institution  itself. 

Acknowledgments  are  due  for  facilities  and  co-operation  afforded 
by  Mr.  Spofford,  Librarian  of  Congress ;  Mr.  Dawson,  Librarian 
of  the  House  of  Representatives ;  Mr.  S.  A.  Brown,  Chief  Clerk, 
and  Mr.  Baker,  of  the  Department  of  State;  Capt.  Bayley,  R.  A. 
of  the  Treasury  Department ;  Messrs.  W.  B.  Taylor,  C.  B.  Young, 
and  G.  H.  Boehmer  of  the  Smithsonian  Institution,  and  especially  to 
the  printers,  Messrs.  Judd  &  Detweiler,  for  their  valuable  services. 

WILLIAM  J.  RHEES. 
SMITHSONIAN  INSTITUTION, 

"WASHINGTON,  April,  1879. 


CONTENTS. 


Page. 

WILL  OF  JAMES  SMITHSON 1 

CORRESPONDENCE  between  attorneys  in  England,  Department  of 
State,  Kichard  Rush,  &c.,  &c.,  relative  to  the  bequest  of 

Smithson 3 

The  case  stated  by  Mr.  Eush 10 

Opinion  of  English  counsel • 12 

Decree  in  chancery,  awarding  Smithson's  bequest  to  the   United 

States 62 

Account  in  the  case  of  the  United  States 79 

Bill  of  costs  in  the  case  of  the  United  States 80 

Richard  Bush's  .account  with  the  Smithson  fund" 107 

Schedule  of  the  personal  effects  of  James  Smithson 108 

Eesiduary  bequest  of  Smithson 123 

CONGRESSIONAL  PROCEEDINGS  IN  RELATION  TO  THE  BEQUEST — 

Twenty-fourth  Congress 1835-37 135 

Twenty-fifth  Congress 1837-39 159 

Twenty-sixth  Congress 1839-41 200 

Twenty-seventh  Congress 1841-43 247 

Twenty-eighth  Congress 1843-45 262 

Twenty-ninth  Congress 1845-47 352 

Thirtieth  Congress 1847-49 478 

Thirty-first  Congress 1849-51 —  505 

Thirty-second  Congress 1851-53 521 

Thirty-third  Congress 1853-55 524 

Thirty-fourth  Congress 1855-57 648 

Thirty-fifth  Congress 1857-59 651 

Thirty-sixth  Congress 1859-61 654 

Thirty-seventh  Congress 1861-63 673 

Thirty-eighth  Congress 1863-65 683 

Thirty-ninth  Congress 1865-67 704 

Fortieth  Congress 1867-69 

Forty-first  Congress 1869-71- 

Forty-second  Congress 1871-73 «**» 

Forty-third  Congress 1873-75 

Forty-fourth  Congress 1875-77  — 

x-i 


XII  CONTENTS. 

Page. 
DIGEST  OF  THE  ACT  or  CONGRESS  ESTABLISHING  THE  SMITHSONIAN 

INSTITUTION.     By  Prof.  Henry 758 

EXTRACTS  FROM  THE  MEMOIRS  OF  JOHN  QUINCY  ADAMS,  giving 
accounts  of  meetings  of  committees  appointed  by  Congress 
on  the  Smithson  bequest,  proceedings  in  Congress,  views  of 

public  men,  &c 763 

ACCOUNT  OF  THE  UNITED  STATES  TREASURY  WITH  THE  SMITHSON 

FUND 803 

Arkansas 804 

Michigan 810 

Illinois 814 

Ohio 820 

The  United  States 824,  834 

PROPOSED  APPLICATIONS  OF  SMITHSON'S  BEQUEST 837 

By  Thomas  Cooper 838 

Francis  Wayland 839 

John  Quincy  Adams 842,  846 

Richard  Rush 849 

Stephen  Chapin 856 

Horatio  Hubbell 860 

Southern  Literary  Messenger,  1838 864,  870,  890 

Peter  S.  Duponceau 895 

Joel  R.  Poinsett 899 

"William  Darlington 901 

William  Barlow 910 

REPORT  OF  THE  ORGANIZATION  COMMITTEE  of  the  Board  of  Re- 
gents of  the  Smithsonian  Institution.  (Messrs.  Owen,  Hil- 

liard,  Bache,  Choate,  and  Pennybacker) 930 

PROGRAMME  OF  ORGANIZATION  OF  THE  SMITHSONIAN  INSTITU- 
TION. By  Prof.  Joseph  Henry 944 

LETTERS  RELATIVE  TO  THE  PROGRAMME  OF  ORGANIZATION  PRO- 
POSED BY  PROF.  HENRY 961 

By  T.  Romeyn  Beck,  Albany  Academy,  N.  Y 961 

Benjamin  Silliman,  Yale  College,  Ct.  ___• 962 

American  Academy  of  Arts  and  Sciences,  Boston,  Mass.__  964 

New  Jersey  Historical  Society,  Newark,  N.  J 970 


CONTENTS.  XIII 

•p 

LETTERS —  Continued. 

Nath'l  F.  Moore,  Columbia  College,  N.  Y 971 

Mark  Hopkins,  Williams'  College,  Mass : 972 

Enoch  Pond,  Bangor  Theological  Seminary,  Me 972 

Chas.  J.  Whipple,  Salem  Atheneum,  Mass 972 

Henry  J.  Ripley,  Newton  Theological  Institute,  Mass. 972 

Simeon  North,  Hamilton  College,  N.  Y. 973 

James  P.  Wilson,  Delaware  College,  Del. 973 

C.  P.  Krauth,  Pennsylvania  College,  Pa 973 

William  Sparrow,  Theological  Seminary,  Va 974 

Matthew  F.  Maury,  National  Observatory,  D.  C 974 

Aug.  W.  Smith,  Wesleyan  University,  Ct 974 

James  Curie}'',  Georgetown  College,  D.  C 975 

Edward  Hitchcock,  Amherst  College,  Mass. 976 

Hector  Humphreys,  St.  John's  College,  Md 976 

Georgetown  College,  Georgetown,  D.  C 976 

E.  Kobinson,  Union  Theological  Seminary,  N.  Y. 977 

Henry  Brewerton,  U.  S.  Military  Academy,  N.  Y. 977 

Francis  Wayland,  Brown  University,  R.  I. 977 

Leonard  Woods,  Bowdoin  College*  Me. 978 

W.  Perroneau  Finley,  College  of  Charleston,  S.  C. 978 

E.  D.  Mac  Master,  Miami  University,  Ohio 978 

Charles  Martin,  Hampden  Sidney  College,  Va.   979 

A.  S.  Packard,  Bowdoin  College,  Me 980 

John  Chamberlain,  Oakland  College,  Miss 980 

A.  C.  Kendrick,  Madison  University,  N.  Y. 981 

Philip  Lindsley,  University  of  Nashville,  Tenn 982 

Benj.  S.  Ewell,  William  and  Mary  College,  Ya 982 

Andrew  Wylie,  Indiana  University,  Ind. »  982 

A.  P.  Stewart,  Cumberland  University,  Tenn 983 

C.  W.  Parsons,  Ehode  Island  Historical  Society.  K.  I 983 

David  Elliott,  West.  Theological  Seminary,  Pa. 984 

American  Antiquarian  Society,  Worcester,  Mass 985 

Henry  Smith,  Marietta  College,  Ohio 989 

B.  Manly,  University  of  Alabama,  Ala. 989 

Joseph  Estabrook,  East  Tennessee  University,  Tenn 990 

F.  A.  Muhlenberg.  Jr.,  Franklin  College,  Pa 990 

Horace  Webster,  New  York  Free  Academy,  N.  Y. 991 

David  L.  Swain,  University  of  North  Carolina,  N.  C 991 


XIV  CONTENTS. 

Page. 
L  ETTERS — Continued. 

Josiah  L.  Pickard,  Platteville  Academy,  Wis 992 

S.  A.  Bronson,  Kenyon  College,  Ohio 992 

John  Williams,  Trinity  College,  Ct __.  992 

D.  N.  Sheldon,  Waterville  College,  Me 992 

B.  H.  Kagsdale,  Jackson  College,  Tenn 993 

W.  F.  Hopkins,  Masonic  University,  Tenn 993 

Benj.  P.  Johnson,  State  Agricultural  Society,  N.  Y 993 

Joel  S.  Bacon,  Columbian  College,  D.  C 993 


SMITHSONIAN  BEQUEST. 


WILL  OF  JAMES  SMITHSON. 

I,  JAMES  SMITHSON,  son  of  Hugh,  first  Duke  of  Northum- 
berland, and  Elizabeth,  heiress  of  the  Ilungerfords  of 
Audley,  and  niece  of  Charles  the  Proud,  Duke  of  Som- 
erset, now  residing  in  Bentinck  street,  Cavendish  Square, 
do  this  23d  day  of  October,  1826,  make  this  my  last  will 
and  testament  : 

I  bequeath  the  whole  of  my  property  of  every  nature  and 
kind  soever  to  my  bankers,  Messrs.  Drummonds  of  Charing 
Cross,  in  trust,  to  be  disposed  of  in  the  following  manner, 
and  desire  of  my  said  executors  to  put  my  property  under 
the  management  of  the  court  of  chancery. 

To  John  Fitall,  formerly  my  servant,  but  now  employed 
in  the  London  Docks,  and  residing  at  "No.  27,  Jubilee  Place, 
North  Mile  End,  Old  Town,  in  consideration  of  his  attach- 
ment and  fidelity  to  me,  and  the  long  and  great  care  he  has 
taken  of  my  effects,  and  my  having  done  but  very  little  for 
him,  I  give  and  bequeath  the  annuity  or  annual  sum  of  £100 
sterling  for  his  life,  to  be  paid  to  him  quarterly,  free  from 
legacy  duty  and  all  other  deductions,  the  first  payment  to 
be  made  to  him  at  the  expiration  of  three  months  after  my 
death.  I  have  at  divers  times  lent  sums  of  money  to  Henry 
Honore  Juilly,  formerly  my  servant,  but  now  keeping  the 
Hungerford  Hotel,  in  the  Rue  Caumartin  at  Paris,  and  for 
which  sums  of  money  I  have  undated  bills  or  bonds  signed 
by  him.  Now,  I  will  and  direct  that  if  he  desires  it,  these 
sums  of  money  be  let  remain  in  his  hands  at  an  interest  of 
five  per  cent,  for  five  years  after  the  date  of  the  present 
will. 

To  Henry  James  Hungerford,  my  nephew,  heretofore 
called  Henry  James  Dickinson,  son  of  my  late  brother 
Lieut.  Col.  Henry  Louis  Dickinson,  now  residing  with  Mr. 

l 


2  SMITHSONIAN    BEQUEST. 

Auboin,  at  Bourg  la  Reine,  near  Paris,  I  give  and  bequeath 
for  liis  life  the  whole  of  the  income  arising  from  my  prop- 
erty of  every  nature  and  kind  whatever,  after  the  payment 
of  the  above  annuity,  and  after  the  death  of  John  Fitall, 
that  annuity  likewise,  the  payments  to  be  at  the  time  the 
interest  or  dividends  become  due  on  the  stocks  or  other 
property  from  which  the  income  arises. 

Should  the  said  Henry  James  Hungerford  have  a  child  or 
children,  legitimate  or  illegitimate,  I  leave  to  such  child  or 
children,  his  or  their  heirs,  executors  and  assigns,  after  the 
death  of  his,  her,  or  their  father,  the  whole  of  my  property 
of  every  kind  absolutely  and  forever,  to  be  divided  between 
them,  if  there  is  more  than  one,  in  the  manner  their  father 
shall  judge  proper,  and  in  case  of  his  omitting  to  decide 
this,  as  the  Lord  Chancellor  shall  judge  proper. 

Should  my  nephew  Henry  James  Hungerford  marry,  I 
empower  him  to  make  a  jointure. 

In  case  of  the  death  of  my  said  nephew  without  leaving 
a  child  or  children,  or  of  the  death  of  the  child  or  children 
he  may  have  had  under  the  age  of  21  years  or  intestate,  I 
then  bequeath  the  whole  of  rny  property,  subject  to  the 
annuity  of  £100  to  John  Fitall,  and  for  the  security  and 
payment  of  which  I  mean  stock  to  remain  in  this  country, 
to  the  United  States  of  America,  to  found  at  Washington, 
under  the  name  of  the  Smithsonian  Institution,  an  estab- 
lishment for  the  increase  and  diffusion  of  knowledge  among 
men. 

I  think  it  proper  here  to  state,  that  all  the  money  which 
will  be  standing  in  the  French  five  per  cents,  at  my  death 
in  the  names  of  the  father  of  my  above  mentioned  nephew, 
Henry  James  Hungerford,  and  all  that  in  my  name,  is  the 
property  of  my  said  nephew,  being  what  he  inherited  from 
Ins  father,  or  what  I  have  laid  up  for  him  from  the  savings 
upon  his  income. 

JAMES  SMITHSON.     [L.  s.] 


L  I  B  It  A  R  Y 

UNIVERSITY  OF 

CALIFORNIA. 


CORRESPONDENCE. 


Clark,  Fynmore  $  Fladgate  to  A.  Vail. 

CRAVEN  STREET,  STRAND,  [LONDON,]  July  21,  1835. 

SIR  :  We  send  you,  enclosed,  the  copy  of  a  will  of  Mr. 
"Smithson,  on  the  subject  of  which  we  yesterday  did  our- 
selves the  pleasure  of  waiting  upon  you,  and  we  avail  our- 
selves of  the  opportunity  to  repeat,  in  writing,  what  we 
verbally  communicated. 

Pursuant  to  the  instructions  contained  in  the  will,  an 
amicable  suit  was,  on  the  death  of  the  testator,  instituted 
in  chancery  by  Mr.  Hungerford,  against  Messrs.  Drum- 
.monds,  the  executors,  under  which  suit  the  assets  were 
realized.  They  were  very  considerable ;  and  there  is  now 
standing,  in  the  name  of  the  accountant  general  of  the 
•court  of  chancery,  on  the  trusts  of  the  will,  stock  amount- 
ing in  value  to  about  £100,000.  During  Mr.  Hurigerford's 
life  he  received  the  income  arising  from  this  property ;  but 
news  has  just  reached  England  that  Mr.  Hungerford  has 
died  abroad,  leaving  no  child  surviving  him. 

It  now  becomes  necessary  that  measures  should  be  taken 
for  the  purpose  of  getting  the  decision  of  the  court  of 
chancery,  as  to  the  further 'disposition  of  the  property.  On 
reference  to  the  will,  it  will  appear  that  it  is  not  very 
clearly  defined  to  whom,  on  behalf  of  the  United  States, 
the  property  should  be  paid  or  transferred ;  indeed  there  is 
so  much  doubt,  that  we  apprehend  that  the  Attorney 
General  must,  on  behalf  of  the  crown  of  England,  be 
joined  in  the  proceedings  which  it  is  requisite  that  the 
United  States  should  institute. 

We  act  in  this  matter  for  Messrs.  Drummond,  the 
bankers,  who  are  mere  stake-holders,  and  who  are  ready 
to  do  all  in  their  power  to  facilitate  getting  the  decision  of 
the  court,  and  carrying  into  effect  the  testator's  intentions. 

We  shall  therefore  be  happy  to  communicate  with  such 
professional  advisers  as  your  Government  may  think  fit  to 
3 


4  SMITHSONIAN    BEQUEST. 

appoint  to  act  for  them  in  this  country.  In  the  mean  time, 
we  may  perhaps  be  permitted  to  add,  that  it  is  perfectly 
competent  for  us  to  carry  on  the  proceedings,  on  behalf  of 
the  United  States,  and  possibly  some  expense  and  delay 
may  be  avoided  by  our  so  doing.  ^ 

Having  thus  briefly  stated  the  nature  of  the  business,  we 
at  present  abstain  from  making  any  suggestions  as  to  the 
party  in  whose  name  proceedings  should  be  adopted,  con- 
sidering the  point  should  be  determined  by  our  counsel 
here,  after  the  opinion  of  the  proper  law  officers  in  the 
States  has  been  taken  on  the  subject. 

Any  further  information  you  may  require,  we  shall  be 
happy  to  give  you,  and  are,  sir, 

Your  most  obedient  servants, 

CLARK,  FYNMORE  &  FLADGATE. 
A.  VAIL,  Esquire,  49  York  Terrace. 


A.  Vail  to  John  Forsyth. 

LEGATION  OF  THE  UNITED  STATES, 

LONDON,  July  28,  1835. 

SIR  :  The  papers  which  I  have  the  honor  herewith  to- 
communicate  to  you  will  acquaint  you  with  the  particulars 
of  a  bequest  of  property  to  a  large  amount,  left  to  the  United 
States  by  a  Mr.  James  Smithson,  for  the  purpose,  as  stated 
in  the  will,  of  founding,  at  Washington,  an  institution  "for 
the  increase  and  diffusion  of  knowledge  among  men." 
*  *  *  *  L  #  The 

letter  of  Messrs.  Clarke,  Fynmore  &  Fladgate,  the  solicitors, 
by  whom  I  was  apprised  of  the  existence  of  the  will,  to- 
gether with  the  inquiries  I  have  made,  leave  no  doubt  of  its 
having  been  established,  and  its  dispositions  recognized  by 
the  court  of  chancery,  the  first  legatee  under  it  having,  for 
several  years,  and  to  the  time  of  his  death,  received  the  in- 
come of  the  property,  which  is  stated  to  have  amounted  to- 
upwards  of  £4,000  per  annum. 

According  to  the  view  taken  of  the  case  by  the  solicitors, 
it  is  now  for  the  United  States,  in  the  event  of  their  accept- 
ing the  bequest  and  the  trust  coupled  with  it,  to  come  for- 
ward, by  their  representative,  and  make  themselves  parties 
to  an  amicable  suit  before  the  Lord  Chancellor,  for  the  pur- 


SMITHSONIAN    BEQUEST.  5 

pose  of  legally  establishing  the  fact  of  the  demise  of  the 
•first  legatee  without  children  and  intestate;  prove  their 
-claim  to  the  benefit  of  the  will,  and  obtain  a  decree  in  chan- 
cery, awarding  them 'the  proceeds  of  the  estate.  Messrs. 
Clarke,  Fynmore  &  Fladgate  are  willing  to  undertake  the 
management  of  the  stv.t  on  the  part  of  "the  United  States; 
;and,  from  what  I  have  learned  of  their  standing,  may  safely 
be  confided  in.  Not  being  acquainted  with  the  exact 
structure  of  our  institutions,  they  are  not  able  to  point  out 
the  exact  manner  in  which  the  United  States  should  be 
represented  in  the  contemplated  suit ;  but  they  believe 
that  their  diplomatic  agent  here,  if  constituted,  for  that 
purpose,  the  legal  representative  of  the  President,  would 
be  recognised  by  the  court  of  chancery  as  the  proper  organ 
of  the  United  States,  for  all  the  purposes  of  the  will. 

Should  it  be  thought  unnecessary  to  await  the  action  of 
Congress  to  authorize  the  institution  of  the  requisite  legal 
proceedings,  and  should  the  course  suggested  by  the  solic- 
itors meet  the  views  of  the  President,  his  power  of  attorney 
authorizing  the  diplomatic  agent  here  to  act  in  his  name, 
will,  I  apprehend,  be  necessary;  and,  as  the  suit  will 
involve  some  expense  not  connected  with  the  contingent 
fund  of  the  legation,  your  instructions  upon  this  branch  of 
.the  subject  will  likewise  be  desirable. 

I  am,  sir,  with  great  respect, 

Your  obedient  servant, 

A.  VAIL. 
JOHN  FORSYTH,  Esq., 

Secretary  of  State  of  the  United  States,  Washington. 


John  Forsyth  to  Aaron  Vail. 

DEPARTMENT  OF  STATE, 
WASHINGTON,  September  26,  1835. 

SIR  :  I  have  the  honor  to  acknowledge  the  receipt  of  your 
despatch  of  28th  July  last,  (No.  197,)  relative  to  a  bequest 
of  property  to  a  large  amount  left  to  the  United  States  by 
Mr.  James  Smithson,  for  the  purpose  of  founding  at  Wash- 
ington an  institution  u  for  the  increase  and  diffusion  of 
knowledge  among  men  ;"  and  to  inform  you  that  your  let- 
ter, and  the  papers  which  accompanied  it,  have  been  sub- 


(5  SMITHSONIAN    BEQUEST. 

mitted  to  the  President,  who  has  determined  to  lay  the  sub- 
ject before  Congress  at  its  next  session.  The  result  of  its 
deliberations,  when  obtained,  shall  be  communicated  to 
you,  with  the  necessary  instructions. 

Of  the  course  intended  to  be  pursued  in  relation  to  this 
matter,  as  above  explained,  you  will  take  occasion  to  ac- 
quaint the  solicitors  who  apprised  you  of  the  existence  of 
Mr.  Smithson's  will. 

.  I  am,  sir,  your  obedient  servant, 

JOHN  FORSYTH. 
AARON  VAIL,  Esq., 

Charge  d> Affaires  of  the  United  States,  London. 


John  Forsyth  to  Richard  Rush. 

DEPARTMENT  OF  STATE,  July  11,  1836. 
SIR:  I  have  the  honor  to  inform  you  that  the  President, 
in  pursuance  of  an  act  of  Congress  passed  at  their  recent 
session,  has  been  pleased  to  appoint  you  the  agent  of  the 
United  States  to  assert  and  prosecute  their  claim  to  the 
legacy  bequeathed  to  them  by  James  Smithson,  late  of  Lon- 
don, deceased.  Your  power  of  attorney  or  commission  is 
herewith  remitted,  with  an  authenticated  copy  of  the  act 
referred  to  annexed  to  it.  It  is  the  wish  of  the  President 
that  you  should,  in  the  event  of  your  acceptance  of  this 
trust,  embark  for  London  without  unnecessary  loss  of  time, 
to  enter  on  the  duties  of  the  appointment.  Previously  to 
leaving  the  United  States,  however,  it  will  be  necessary,  in 
compliance  with  the  provisions  of  the  accompanying  act 
of  Congress,  to  execute  to,  and  deposite  with,  the  Secretary 
of  the  Treasury,  with  good  and  sufficient  securities,  to  his 
satisfaction,  a  bond  or  bonds,  in  the  penal  sum  of  §500,000, 
for  the  proper  performance  of  those  duties,  and  for  the 
faithful  remittance  to  the  Treasury  of  the  United  States  of 
such  sum  or  sums  of  money,  or  other  funds,  as  you  may 
receive  in  virtue  of  said  bequest. 

The  compensation  to  be  allowed  you  for  your  services  in 
this  capacity  will  be  at  the  rate  of  $3,000  per  annum  for 
your  personal  services,  and  at  the  rate  of  $2,000  for  all 
contingencies  except  the  law  expenses.  Compensation  to 
begin  from  the  day  you  report  yourself  ready  to  enter  on 


SMITHSONIAN    BEQUEST.  7 

the  duties  of  the  office.     An  account  of  the  law  expenses, 
with  vouchers,  will  be  required. 

A  letter  of  credit  on  M.  de  Rothschild,  the  hanker  of  the 
United  States  at  London,  authorizing  him  to  pay  your 
drafts  for  compensation,  and  for  the  necessary  expenses 
actually  incurred  in  the  prosecution  of  this  claim,  is  also 
enclosed,  limited  to  $10,000,  being  the  whole  amount  appro- 
priated by  Congress  for  that  object, 

I  am,  sir,  your  obedient  servant, 

JOHN  FORSYTH. 

RICHARD  RUSH,  Esq.,  &c. 


Richard  Rush  to  Clarke,  Fynmore  $  Fladgate. 

PORTLAND  HOTEL,  GREAT  PORTLAND  STREET, 

LONDON,  September  14,  1836. 

GENTLEMEN:  Referring  to  your  correspondence  with 'the 
charge  d'affaires  of  the  United  States,  in  July,  1835,  on  the 
Smithsonian  bequest  to  the  United  States,  I  beg  leave  to 
inform  you  that  1  have  arrived  here  with  full  power  from 
the  President,  founded  on  an  act  of  Congress,  to  assert  the 
right  of  the  United  States  to  that  bequest,  and  receive  the 
money.  I  should  be  happy  to  have  an  interview  with  you 
on  this  subject ;  to  which  end  I  ask  the  favor  of  you  to  call 
upon  me  on  Friday  morning  at  11  o'clock;  or,  should  that 
be  inconvenient  to  you,  at  such  other  time,  near  at  hand,  as 
you  will  have  the  goodness  to  name. 

I  remain  your  most  obedient  servant, 

RICHARD  RUSH. 

To  Messrs.  CLARKE,  FYNMORE  &  FLAGDATE, 

Solicitors,  Craven  street,  Strand. 


8     .  SMITHSONIAN    BEQUEST. 

Richard  Rash  to  John  Forsyth. 

LONDON,  September  24,  1836. 

SIR  :  I  had  the  honor  to  inform  you,  on  the  31st  of  Aug- 
ust, of  my  arrival  at  Liverpool,  having  embarked  in  the 
first  ship  that  sailed  from  New  York  after  my  letter  of  the 
1st  of  August,  informing  you  that  I  was  ready. 

I  reached  this  city  the  early  part  of  the  present  month, 
and,  as  soon  as  circumstances  would  permit,  entered  upon 
the  duty  which  the  President's  power  of  attorney  devolves 
upon  me. 

Towards  asserting  and  prosecuting  with  effect,  before  the 
legal  tribunals  of  England,  the  claim  of  the  United  States 
to  the  legacy  bequeathed  to  them  by  James  Smithson,  of 
London,  to  found,  at  Washington,  an  institution  u  for  the 
increase  and  diffusion  of  knowledge  among  men,"  the  first 
consideration  which  seemed  to  present  itself  was,  the  selec- 
tion of  fit  legal  characters  here,  through  whose  aid  and 
instrumentality  the  incipient  steps  could  alone  be  judiciously 
marked  out  or  adopted.  In  a  country  where  the  profession 
of  the  law  is  known  to  be  so  subdivided  as  in  this,  I  re- 
garded it  important  that  not  only  the  counsel  whose  services 
it  may  ultimately  become  necessary  to  engage,  but  the 
solicitors  to  be  approached  in  the  first  instance,  should  huvo 
a  standing  suited  to  the  nature  of  the  case,  and  the  dignity 
of  the  constituent  I  represent.  The  letter  addressed  you  in 
July,  1835,  by  the  late  charge  d'affaires  of  the  Tnited  States 
at  this  Court,  left  little  doubt,  indeed,  that  Messrs.  Clarke, 
Fynmore,  &  Flagdate,  were  proper  solicitors ;  yet,  as  the 
President's  power  to  me,  and  your  instructions,  appeared  to 
place  the  whole  subject  anew  in  my  hands,  some  previous 
inquiry  into  their  standing  seemed  necessary  on  my  part. 
This  I  set  on  foot,  and  am  glad  to  say  that  it  ended  to  my 
satisfaction;  the  more,  as  their  connexion  with  the  case  in 
its  origin  naturally  pointed  to  their  selection,  other  grounds 
continuing  to  justify  it. 

Accordingly,  on  the  14th  instant,  1  addressed  a  note  to 
these  solicitors,  informing  them  that  I  had  arrived  in  this 
country  with  full  power  from  the  President,  founded  upon 
an  act  of  Congress,  to  assert  the  right  of  the  United  States 
to  the  Smithsonian  bequest,  and  receive  the  money ;  and 
requesting  that  they  would  call  upon  me  on  the  16th.  A 
copy  of  my  note  is  enclosed.  This  is  a  season  of  the  year 
when  professional  and  official  business  of  every  kind  is 


SMITHSONIAN    BEQUEST.  9 

much  at  a  pause  in  London,  and  those  who  conduct  it  dis- 
persed.   It  was  not  until  the  20th  that  I  was  enabled  to  com- 
mand an   interview   with  these    gentlemen,  when   two  of 
them,  Mr.  Clarke  and  Mr.  Fladgate,  waited  upon  me;  the 
latter  having  previously  called,  after  receiving  my  note,  to 
mention   the  absence  of  his  associates  from  town.     With 
these  two  I  had  the  preliminary  conversation  suited  to  a 
•first  interview.     They  chiefly  went  over  the  grounds  stated 
in  their  note  of  the  21st  of  July,  to   our  charge  d'affaires, 
Mr.  Yail ;  in  some  points  enlarging  them  and  giving  new 
particulars.     They  said  that  James"  Smithson,  the  testator, 
died  in  June,  1829;  that  his  will  was  proved  in  the  prerog- 
ative court  of  Canterbury  by  Mr.  Charles  Drummond,  one 
•of  the  executors,  and  one  of  the  banking-house   of  that 
name  in  London  ;  that  Henry  James  Hungerford,  the  testa- 
tor's nephew,  to  whom   was  bequeathed  "the  whole  of  his 
property  for  life,  subject  to  a  small  annuity  to  another  per- 
son, brought  an  amicable  suit  in  chancery  against  Messrs. 
Drummond,  the  executors,  for  the  purpose  of  having  the 
testator's  assets  administered   under  the  direction  of  the 
Lord   Chancellor ;    in   the  course  of  which  suit  the  usual 
orders  and  decrees  were  made,  and  by  its  issue  assets  ascer- 
tained  and    realized  to  the  value  of  about  one  hundred 
thousand  pounds  sterling ;  that  Mr.  Hungerford,  who  resi- 
ded out  of  England,  received,  up  to  the  time  of  his  death, 
the  dividends  arising  from  the  property,  which  consisted  of 
stock  in  the  public  funds;  and  that  he  died  at  Pisa,  on  the 
5th  of  June,  1835,  of  full  age,  though  still  young,  without 
having  been  married,  arid,  as  far  as  is  yet  known,  without 
illegitimate  child  or  children  ;  that  the  assets  of  the  estate 
are  now  invested  in  the  name  of  the  accountant  general  of 
the  court  of  chancery,  subject  to  the  further  disposition  of 
the  court;  that  the  will  of  Mr.  Smithson  having  made  the 
United  States  the  final  legatee  on  Mr.  Hungerford's  death 
without  child   or  children,  legitimate  or  illegitimate,  the 
facts  seem  to  have  happened  under  which  their  right  will 
attach ;  but  the  solicitors  continue  to  think  that  a  suit,  or 
legal   proceedings    of   some    nature,  to  which  the  United 
States   must  be  "a  party,  will  have  to  be  instituted  in  the 
court  of  chancery,  in  order  to  make  valid  their  right,  and 
enable  them  to  get  possession  of  the  fund,  now  in  the  hands 
of  the  court,  and  subject  to  its  judgment. 

The  foregoing  formed  the  main  purport  of  .their  commu- 
nication.    They  added,  that  the  mother  of  Henry  James 


10  SMITHSONIAN    BEQUEST. 

Hungerford,  who  is  still  living  and  married  to  a  Frenchman: 
of  the  name  of  De  la  Batut,  has  put  in  a  claim  to  a  part  of 
the  property;  but  as  the  claim  is  small,  and  not  likely  to 
come  to  much,  the  mother  of  Mr.  Hungerford  not  having 
been  married  to  his  father,  it  is  scarcely  necessary  at  this 
time  to  detail  the  circumstances. 

I  asked  at  what  time  from  the  present  the  earliest  sitting 
of  the  court  of  chancery  would  be  held.  They  replied  in 
November.  It  will  be  my  object  to  get  the  fund  for  the 
United  States  without  a  lawsuit  in  chancery  of  any  kind,  if 
this  be  practicable ;  and  towards  an  end  so  desirable  my 
further  reflection  sand  measures  will  for  a  while  be  directed, 
taking  care  that  I  do  not  lose  the  advantage  of  all  proper 
applications  at  the  first  term  of  the  court,  for  whatever  form 
of  suit  or  other  legal  proceedings  may  be  found  indispens- 
able. 

I  have  nothing  further  of  any  importance  to  communi- 
cate at  this  juncture.  I  delivered  to  the  minister  of  the 
United  States,  Mr.  Stevenson,  the  letter  from  the  acting- 
Secretary  of  State  of  July  27th,  requesting  his  good  offices 
in  behalf  of  the  public  object  with  which  I  am  charged, 
should  they  be  needed;  and  I  cannot  close  this  letter  with- 
out adding  that  I  have  already  received  co-operation  from 
him  that  has  been  useful,  and  which  gives  earnest  of  the 
zealous  interposition  of  his  further  aid,  should  it  be  re- 
quired. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant, 

RICHARD  RUSH. 

Hon.  JOHN  FORSYTH,  Secretary  of  Slate. 


The  Case  Stated  by  Mr.  Rush. 

The  testator  died  at  Genoa  on  the  U7th  day  of  June,  1829,. 
and  on  the  4th  of  November,  in  that  year,  the  will  was 
proved  in  the  prerogative  court  of  Canterbury,  by  Mr. 
Charles  Drummond,  one  of  the  banking-house  of  that  firm, 
mentioned  in  the  will. 

Soon  after  his  death,  an  amicable  suit  was  instituted  in 
the  court  of  chancery,  by  Henry  James  Hungerford,  his 
nephew,  against  Mr.  Charles  Drummond,  as  executor,  for 
the  purpose  of  having  his  assets  administered  under  the 
direction  of  that  court.  The  usual  orders  and  decrees  were 


SMITHSONIAN    BEQUEST.  U 

made  in  the  suit,  and  assets  realized  to  the  amount  of  about 
one  hundred  thousand  pounds  sterling  in  value,  which  are 
now  invested  in  the  public  funds,  and  are  standing  in  the 
name  of  the  accountant  general  of  the  Court  of  Chancery, 
to  the  credit  of  the  cause  of  Hungerford  1-5.  Drummond' 
and  applicable  to  the  trusts  of  the  will. 

Air.  Ilungerford,  who  resided  out  of  England,  received 
the  income  arising  from  the  testator's  property  up  to  the 
time  of  his  death.     This  took  place  on  the  5th  of  June 
1835,  at  Pisa, 

He  was  never  married,  and  died  without  leaving  any  ille- 
gitimate children  or  child. 

The  events  have  therefore  happened,  by  which  the  right 
of  the  United  States  of  America  is  considered  to  have 
attached,  as  the  residuary  or  final  legatee  under  this  will. 

In  July,  1835,  their  charge  d'affaires  at  this  court,  im- 
parted official  information  to  the  Secretary  of  State,  at 
Washington,  of  the  preceding  facts,  who  laid  them  before 
the  President,  with  a  copy  of  the  will  and  other  papers  that 
were  transmitted. 

The  President  not  having  authority  under  his  general 
executive  powers  to  take  any  steps  for  accepting  the  trust 
or  obtaining  the  fund,  communicated  the  papers  to  Congress 
on  the  17th  of  December  of  that  year,  with  a  view  to  such- 
measures  as  that  body  might  deem  necessary. 

Congress,  acting  on  the  ground  that  the  bequest  to  the 
United  States  was  valid,  and  that  it  would  not  be  incompat- 
ible with  their  dignity  to  accept  the  fund  as  trustees,  for  an 
institution  to  be  founded  at  Washington,  for  a  purpose  so 
broad  and  benevolent,  passed,  on  the  1st  of  July  last,  an  act 
authorizing  the  President  to  appoint  an  agent  to  assert  and 
prosecute  their  right  to  the  bequest,  in  such  form,  and  be- 
fore such  tribunal  or  tribunals  in  England,  as  might  be 
proper;  and  to  receive  and  grant  full  acquittances  for  all 
such  moneys  or  other  funds  as  might  be  adjudged  to  them 
on  account  of  it. 

In  pursuance  of  the  authority  given  by  this  act,  the^ Pres- 
ident has  appointed  a  citizen  of  the  United  States,  in  the 
person  of  the  undersigned,  to  perform  on  their  behalf  the 
duty  which  it  enjoins;  and  he  is  here,  their  representative 
and  attorney  in  the  matter  set  forth. 

His  full  power  from  the  President,  and  a  copy,  undersea! 
of  the  Department  of  State,  of  the  law  on  which  it  is 
founded,  are  ready  to  be  filed  in  the  Court  of  Chancery,  or 


12  SMITHSONIAN    BEQUEST. 

otherwise  made  known  to  the  Lord  Chancellor,  at  whatever 
time  and  in  whatever  mariner  may  be  thought  proper. 

The  United  States  having  acceded  to  the  bequest,  the 
first  duty  of  the  undersigned  is  to  obtain,  for  his  high  con- 
stituent, possession  of  the  fund  without  any  delay  that  can 
be  avoided. 

His  questions  for  the  opinion  of  counsel  in  England  are  : 

1st.  Can  possession  of  it  be  obtained  without  a  suit? 

2d.  If  not,  what  is  the  form  of  suit  or  other  legal  pro- 
ceeding which,  b}7  the  laws  of  England,  will  give  promise 
of  putting  the  United  States  in  possession  of  the  fund  in 
.the  most  effectual  and  prompt  manner  ? 

RICHARD  RUSH. 

LONDON,  October  1,  1836. 


Opinion  of  Counsel. 

1st.  We  are  of  opinion  that  the  possession  of  the  fund 
-cannot  be  obtained  without  a  suit. 

2d.  We  think  that  the  best  course  will  be,  that  a  bill,  in 
the  nature  of  a  supplemental  bill,  should  be  filed  in  the 
name  of  the  President  of  the  United  States  of  America, 
against  the  executors  of  Mr.  Smithson,  praying  that  the 
United  States  may  be  entitled  to  the  fund  upon  trust,  for 
the  purposes  expressed  in  the  will :  and  that,  upon  obtain- 
ing a  decree  to  that  effect,  a  petition  should  be  presented,  in 
the  name  of  the  President  and  Mr.  Rush,  praying  that  the 
fund  may  be  transferred  to  the  latter,  as  the  agent  of  the 
United  States,  appointed  under  the  act  of  Congress. 

As  we  understand  that  the  testator,  Smithson,  was  ille- 
gitimate, we  think  that  it  will  be  advisable  to  make  the 
Attorney  General  a  party  to  the  suit,  in  order  that  he  may 
represent  before  the  court  any  claim  which  the  Crown  may 
have,  either  by  reason  of  the  question  of  the  validity  of  the 
limitation  to  the  United  States,  after  a  limitation  to  illegiti- 
mate children,  or  by  reason  of  any  part  of  the  property 
consisting  ot  interests  in  land. 

THOMAS  PEMBERTON. 
EDWARD  JACOB, 

LINCOLN'S  INN,  November  2,  1836. 


SMITHSONIAN  •  BEQUEST.  13 

Eichard  Rush  to  John  Forsyth. 

LONDON,  November  5,  1836. 

I  am  following  up  the  Smithsonian  business,  as  you  will 
take  for  granted.  This  week  I  had  an  interview  with  the 
.counsel;  but  nothing  has  transpired  calling  for  an  official 
letter  to  you  since  the  one  I  wrote  on  the  24th  of  Septem- 
ber. 

RICHARD  RUSH. 


John  Forsyth  to  Richard  Rush. 

DEPARTMENT  OF  STATE, 

WASHINGTON,  November  17,  1836. 

SIR  :  You  will  receive  enclosed  the  copy  of  an  account 
presented  to  Daniel  Brent,  Esq.,  consul  of  the  United  States 
at  Paris,  by  M.  Castaignet,  a  French  attorney,  of  certain 
fees  charged  by  him  for  services  rendered  in  relation  to  the 
effects  of  Mr.  James  Henry  Dickinson,  deceased,  alias  de 
la  Batut,  alias  Hungerford,  nephew  of  the  late  James 
Smithson,  of  London.  Copies  of  Mr.  Brent's  letters  of 
23d  October,  1835,  and  14th  August,  1836,  explanatory  of 
the  subject,  are  also  sent.  As  the  whole  amount  of  the 
fund  appropriated  by  the  act  of  Congress  of  1st  July,  1836, 
for  defraying  the  expenses  incident  to  the  prosecution  of 
the  claim'  of" the  United  States  to  the  Smithsonian  bequest, 
are  in  your  hands,  arid  as  the  bill,  if  correct,  is  properly 
chargeable  to  that  fund,  I  have  the  honor  to  request  that 
you  will  examine  this  account;  and  if  you  shall  deem  it 
just,  and  the  amount  reasonable,  transmit  to  Mr.  Brent  the 
sum  necessary  to  discharge  the  claim. 

It  may  be  proper  also  to  allow  to  Mr.  Delagrange,  the 
attorney  consnlted  in  this  case  by  Mr.  Brent,  a  fee  for  his 
advice.  You  will  perceive,  however,  that,  before  such  an 
allowance  can  be  made,  it  will  be  requisite  to  obtain  from 
the  latter  precise  information  as  to  the  amount  of  the 
charge. 

I  am,  sir,  your  obedient  servant, 

JOHN  FORSYTH. 

To  RICHARD  RUSH,  Esq.,  London. 


11  SMITHSONIAN    BEQUEST. 


Richard  Rash  to  John  Forsyth. 

LONDON,  November  22,  18of>. 

SIR:  After  my  letter  to  you  of  the  24th  of  September, 
desirous  as  I  felt  of  falling  upon  some  mode  by  which  the 
United  States  might  get  possession  of  the  Smithsonian 
bequest,  without  the  delays  and  difficulties  apt  to  attend 
upon  suits  in  chancery,  prosecptecl  in  the  ordinary  form,  I 
found  myself  unable  to  do  so.  At  one  time  it  occurred  to 
me,  considering  the  peculiar  nature  and  national  aspect  of 
the  case,  that  perhaps  an  indirect  appeal  to  the  British 
Government,  through  the  channel  of  our  minister,  might 
be  justified;  not,  indeed,  that  an  influence  was  to  be 
brought  to  bear  upon  the  judicial  tribunals  in  any  objec- 
tionable sense,  but  simply  with  a  view  to  obtain  some  ex- 
pression or  intimation  of  its  favorable  dispositions  towards 
the  trust  I  bear  from  the  President,  as  far  as  the  laws  of 
England  might  be  in  unison  with  it.  But  obstacles  pre- 
sented themselves  to  the  actual  pursuit  of  such  a  course, 
although  I  knew  how  ready  Mr.  Stevenson  would  h.-ivr 
been  to  second  it  as  far  as  in  his  power,  that  led  me  to  turn 
from  it,  at  least  as  an  incipient  step;  without,  however, 
losing  sight  of  it,  if  it  may  seem  prai-ticabh;  and  advisable 
at  any  subsequent  stage  of  the  pro«.-rcdings. 

That  course  no  longer  looked  to,  it  appeared  to  me  that 
the  first  step,  on  my  part,  had  better  be  to  draw  up  a  state- 
ment of  the  case  for  the  opinion  of  counsel,  submitting  to 
them,  as  one  of  the  questions,  whether  possession  of  the 
fund  might  not  be  obtained  without  a  suit.  The  solicitors, 
I  was  aware,  had  said  that  it  could  not;  but,  on  a  prelimi- 
nary point  so  important,  I  did  not  think  that  it  would  In- 
proper  to  rest  on  them  alone,  but  take  the  opinion  of 
eminent  counsel.  On  the  1st  of  October,  I  accordingly 
drew  up  a  statement  of  the  case,  setting  out  a  copy  of  the 
whole  will,  as  obtained  for  my  use  from  the  registry  of  the 
prerogative  court  of  Canterbury,  adding  the  facts  necessary 
to  show  what  was  believed  to  be  the  present  right  of  the 
United  States  to  the  legacy,  and  my  authority  to  receive  it 
on  their  behalf.  A  copy  of  the  statement  is  enclosed 
marked  A. 

The  next  step  was  to  select  the  counsel .  Here  little 
deliberation  was  requisite,  it  being  only  in-cessarv  to  ascer- 
tain the  most  eminent.  I  thought  it  would  be  advisable  to 


SMITHSONIAN    BEQUEST.  15 

-consult  two.  I  found  it  pretty  generally  agreed  that  Mr. 
Pemberton  was  at  the  head  of  the  chancery  bar,  and  there- 
fore designated  him  as  one.  Mr.  Jacob  being  in  the  first 
-class  of  eminence,  next  to  Mr.  Pemberton,  and  of  high 
reputation  for  learning  in  the  profession,  I  took  him  as  the 
other.  Although  using  all  the  means  I  could  to  get  their 
-opinion,  after  drawing  up  the  case,  it  was  not  until  the  8th 
of  this  month  that  I  succeeded;  which  was  owing  to  the 
.absence  of  Mr.  Pemberton  from  town  nearly  the  whole  of 
October.  I  had  an  interview  with  them  before  their  opinion 
was  given,  and  set  before  them  all  the  lights  I  was  able  to 
afford  on  the  nature  of  the  case,  and  wishes  of  the  Presi- 
dent for  its  early  decision.  Their  opinion  is  subjoined  to 
the  statement  enclosed. 

It  will  be  seen  that  they  regard  a  suit  as  indispensable. 

Next,  as  to  the  mode  of  proceeding.  It  appears  that 
they  think  a  bill  should  be  filed,  in  the  name  of  the  Presi- 
dent, against  the  testator's  executors,  praying  that  the 
United  States  may  be  declared  entitled  to  the  fund,  and 
that,  on  obtaining  a  decree  to  that  effect,  a  petition  should 
be  presented  for  the  actual  payment  of  the  money.  They 
add,  that  it  would  be  advisable  to  make  the  Attorney  Gen- 
eral a  party  to  the  proceedings,  in  case  the  Crown  should 
have  any  claim  under  the  will,  by  reason  of  "  the  limitation 
to  the  United  States,  after  a  limitation  to  illegitimate 
children,"  or  in  case  any  part  of  the  property  should  con- 
sist of  interest  in  land.  The  opinion  is  dated  on  the  2d 
instant,  but  I  did  not  receive  it  until  the  8th,-  as  mentioned. 

Although  I  drew  up  the  case,  the  usages  of  the  profes- 
sion here  required  that  it  should  pass  to  the  counsel, 
through  the  hands  of  the  solicitors,  to  which  I  made  no 
objections;  the  less,  as  the  latter  claim,  under  all  common 
circumstances,  to  state  the  case  themselves,  as  well  as  hold 
interviews  with  the  counsel,  instead  of  the  party  holding 
them.  The  same  usages  and  subdivisions  require  that  a 
junior  counsel  of  the  chancery  bar  should  *  * 
draw  the  bill  suggested  by  the  senior  counsel,  to  which  I 
have,  in  like  manner,  consented;  and  Mr.  Shadwell,  a  son 
of  the  vice  chancellor,  has  been  designated  for  that  duty, 
under  assurances,  I  have  had,  that  he  will  perform  it  satis- 
factorily, and  with  an  understanding,  moreover,  that  the 
bill  is  "to  have  the  revision  and  sanction  of  the  senior 
counsel  before  it  is  filed.  The  whole  course  of  proceeding 
may  now  therefore  be  considered  as  in  regular  train,  and 


16  SMITHSONIAN    BEQUEST. 

shall  be  followed  up  with  all  the  despatch  and  care  which 
ray  superintendence  can  impart  to  it. 

"Should  the  intervals  between  my  letters  be  longer  than 
might  at  first  seem  compatible  with  my  desire  and  duty  to 
keep  you  informed  of  what  is  going  on,  I  hope  it _  will  not 
be  inferred  that  there  are  relaxations  in  either;  since  it  is 
very  likely  to  happen,  as  has  been  the  case  since  the  date 
of  my  last  letter,  that  whilst  I  am  doing  all  in  my  power 
to  expedite  arrangements  and  results,  nothing  may  transpire 
to  lay  a  basis  for  written  communications  in  any  degree 
definite  or  satisfactory.  Legal  proceedings,  in  general, 
imply  these  intervals  of  apparent  inaction,  and  a  suit  in 
chancery  in  England  is  not  likely  to  form  the  exception. 
When  occasions  of  writing  to  you  may  arise,  the  duty  shall 
never  be  omitted. 

This  letter  would  have  been  written  immediately  after  I 
received  the  opinion,  but  that  I  wished  some  explanations, 
as  it  was  not  argumentative ;  a  form  which  counsel  here  do- 
not  give  to  opinions.  It  being  recommended  that  the  bill 
should  be  in  the  name  of  the  President,  I  deemed  it  right 
to  mention  that  there  was  a  possibility  in  law  of  a  tempo- 
rary vacuum  occurring  in  the  executive  power  under  our 
constitution,  in  order  that  they  might  judge  how  far  that 
consideration  would  affect  the  name  or  style  to  be  used  in 
bringing  the  suit.  As  they  further  advise  that  the  Attor- 
ney General  be  made  a  party,  I  wished  to  ascertain,  as  far 
as  I  might,  what  weight  they  attached  to  the  point  that 
seemed  the  maiji  inducement  to  that  course,  as  well  as  the 
reason  for  suggesting  it  in  advance.  I  doubted  not  their 
good  reason  for  such  a  course,  but  thought  it  desirable  to- 
learn  it  from  themselves,  that  I  might  impart  it  from  that 
source  for  the  President's  information. 

They  have  informed  me  that  the  legal  possibility  to  which 
I  drew  their  attention  under  our  constitution  does  not  alter 
their  opinion  as  to  the  name  proper  to  be  used  in  bringing 
the  suit,  and  they  do  not  think  it  would  answer  to  bring  it 
in  the  name  of  the  United  States  alone,  whatever  the  provi- 
sions of  our  constitution  under  this  head.  I  of  course  put 
before  them  the  act  of  Congress  of  the  1st  of  July,  1836, 
which  authorizes  the  suit.  As  to  the  point  of  law,  whether 
a  bequest  can  be  sustained  after  a  limitation  to  illegitimate 
children,  they  replied,  that  they  do  not  at  present  attach 
any  decisive,  perhaps  any  great  weight  to  it,  but  think  it 
one  that  may  be  made;  and  as  to  its  suggestion  in  advance,, 


SMITHSONIAN    BEQUEST.  17 

they  suppose  that  the  United  States  would  not  desire  to 
take  the  bequest  through  any  oversight  in  the  court  or  At- 
torney General,  admitting  either  to  be  possible  in  a  case  of 
this  publicity  ;  but  only  if  the  laws  of  England  would  war- 
rant in  all  respects  an  adjudication  in  their  favor a  senti- 
ment in  which  I  naturally  and  fully  concurred. 

I  was  not  able  to  command  an  interview  with  the  counsel 
for  the  sake  of  these  explanations  until  yesterday,  owing  to 
their  constant  engagements,  although  I  sought  it  repeatedly 
since  the  8th  of  the  month,  by  personal  calls  as  well  as  notes 
desiring  to  have  a  time  fixed. 

If  there  have  been  these  delays  that  I  have  been  unable 
to  prevent,  I  am  glad  to  add  that  no  time  has  been  lost  in 
reference  to  the  November  term  of  the  court,  the  first  that 
has  been  held  since  I  came  here. 

^  I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant, 

EICHARD  BUSH. 

The  Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Richard  Hush  to  John  Forsyth. 

LONDON,  December  20,  1836. 

SIR  :  I  was  yesterday  honored  with  your  letter  of  the  17th 
of  November,  enclosing  the  account  forwarded  to  the  De- 
partment by  the  consul  of  the  United  States  at  Paris,  of  M. 
Castaignet,  a  French  attorney,  for  certain  fees  charged  by 
him  for  services  rendered  in  relation  to  the  effects  of  Mr. 
James  Henry  Dickinson,  deceased,  alias  de  la  Batut,  alias 
Hungerford,  nephew  of  the  late  James  Smithson,  of  Lon- 
don, and  requesting  that  I  will  examine  it  with  a  view  to  its 
payment  out  of  the  Smithsonian  fund  in  my  hands,  if 
deemed  just,  and  the  amount  reasonable;  and  mentioning 
also  that  it  may  be  proper  to  allow  Mr.  Delagrange,  the 
attorney  consulted  by  Mr.  Brent,  a  fee,  after  obtaining  from 
the  latter  precise  information  as  to  the  amount  of  the 
charge.  Copies  of  Mr.  Brent's  explanatory  letters  of  the 
23d  of  October,  1835,  and  14th  of  August,  1836,  also  came 
enclosed  in  your  letter,  and  I  beg  leave  to  say  that  the 
whole  subject  shall  have  from  me  full  attention. 

The  Smithsonian  case  continues  in  proper  train  here,  with 
every  advantage  I  have  found  myself  yet  able  to  give  it, 
2 


18  SMITHSONIAN    BEQUEST. 

according  to  the  statement  and  explanations  transmitted 
with  my  No.  4 ;  but  it  has  not  yet  come  to  its  first  hearing 
before  the  court  of  chancery. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Richard  Hush  to  John  Forsyth. 

LONDON,  January  9,  1837. 

I  have  already  had  the  honor  to  acknowledge  the  receipt 
of  your  letter  of  the  17th  November,  enclosing  the  account 
of  Mr.  Castaignet,  the  French  attorney,  for  certain  services 
in  relation  to  the  effects  of  Henry  James  Dickinson,  de- 
ceased, alias  de  la  Batut,  alias  Hungerford. 

I  have  given  to  this  subject  the  proper  attention,  and,  for 
the  better  understanding  of  it,  now  beg  leave  to  state  : 

That  Henry  James  Hungerford  was  the  natural  son  of 
Henry  Louis  Dickinson,  deceased,  brother  of  Mr.  Smithson, 
by  a  Mrs.  Coates.  The  latter  is  still  living,  and  married  to 
a  Frenchman  named  de  la  Batut.  Hungerford  lived  with 
her  and  took  her  name,  whilst  bearing  which  he  died,  hav- 
ing also  passed  under  that  of  Dickinson.  It  is  understood 
that,  as  long  as  he  lived,  he  made  her  an  ample  allowance ; 
but  his  death  put  an  end  to  it,  and,  as  far  as  the  will  of  Mr. 
Smithson  is  concerned,  (the  will  which  creates  a  right  in 
the  United  States,)  she  can  claim  nothing.  This  I  under- 
stand to  be  agreed  by  counsel  on  all  hands  here. 

Her  claim,  if  she  has  any,  is  under  the  will  of  Henry 
Louis  Dickinson,  made  at  Paris,  July,  1819,  by  which  he 
left  all  his  property  to  his  brother,  Smithson,  in  trust  for 
his  (Dickinson's)  son  Hungerford,  alias  Dickinson,  alias  la 
Batut.  Half  the  income  of  it,  however,  was  to  go  to  this 
Mrs.  Coates,  alias  Madame  la  Batut,  during  her  life. 

But  whether  the  property  which  Dickinson  thus  left,  and 
which  is  supposed  to  be  the  fund  which  Mr.  Brent  natur- 
ally desired,  through  the  instrumentality  of  the  French 
attorneys,  to  secure  for  the  United  States  in  Paris,  now 
constitutes  any  part  of  the  Smithsonian  fund  in  the  English 
court  of  chancery,  and  awaiting  its  decision,  or  whether  the 
former  fund  has  not  all  been  dissipated,  and  if  so,  how 


SMITHSONIAN    BEQUEST.  19 

much  of  it  got  into  the  hands  of  Madame  la  Batut,  and  has 
.already,  principal  as  well  as  income,  heen  applied  to  her  use 
and  benefit,  are,  I  understand,  points  still  unsettled. 

I  made  a  first  mention  of  this  la  Batut  claim  in  my  No. 
4,  in  September.  Under  the  facts  presented  by  this  further 
explanation,  it  does  not  clearly  seem  that  the  account  of  the 
French  attorney,  M.  Castaignet,  or  the  fee  to  M.  Delagrange 
can,  for  the  present,  be  a  charge  upon  the  Smithsonian  fund 
in  my  hands.  Perhaps  it  may  be  a  question  how  far  the 
act  of  Congress  of  the  1st  of  July,  1836,  creating  and  ap- 
propriating that  fund,  will  sustain  any  charge  upon  it  other 
than  for  expenses  in  prosecuting  the  right  of  the  United 
States  to  the  Smithsonian  bequest  before  the  tribunals  here 
in  England,  where  alone,  by  what  I  now  communicate,  it 
may  turn  out  that  the  entire  fund  bequeathed  by  Mr. 
Smithsori  exists.  In  weighing  all  the  circumstances,  I  have 
come  to  the  conclusion,  at  all  events,  not  to  pa}7  the  above 
account  or  fee  until  the  issue  of  the  proceedings  in  chancery 
on  the  whole  case  here  is  known ;  unless,  after  this  com- 
munication, I  should  receive  your  instructions  to  the  con- 
trary. We  must  hope  that  the  bequest  of  Mr.  Smithson 
will  ultimately  be  adjudged  to  the  United  States;  but  there 
is  a  complication  of  illegitimacy  in  the  matter,  and  we  dare 
not  with  confidence  affirm  that  the  decision  will  be  favorable, 
prior  to  its  taking  place. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Richard  Eush  to  John  Forsyth. 

LONDON,  February  2,  1837. 

SIR  :  The  Smithsonian  case  was  brought  to  a  first  hearing 
in  the  court  of  chancery  yesterday,  and  it  is  satisfactory  to 
me  to  be  able  to  say  that  results,  so  far,  are  favorable  to  the 
establishment  of  the  claim  of  the  United  States. 

The  hearing  was  before  Lord  Langdale,  master  of  the 
rolls ;  this  court  and  the  court  of  the  vice  chancellor  being 
the  two  branches  of  the  English  chancery  system,  before 
which  suits  are  brought  in  the  first  instance. 

The  bill  was  in  the  name  of  the  President  of  the  United 


20  SMITHSONIAN    BEQUEST. 

States  of  America  against  Drummond,  as  recommended  by 
counsel,  in  their  opinion  transmitted  with  my  letter  No.  4, 
of  the  22d  of  November.  The  case  was  fully  opened,  on 
behalf  of  the  United  States,  by  Mr.  Pemberton. 

The  Attorney  General  was  not  personally  present  in  court; 
but  Mr.  Wray,  a  member  of  the  bar,  and  King's  counsel, 
acted  as  his  representative  on  the  occasion.  I  am  glad  to  state 
that  he  abandoned,  in  effect,  all  opposition  on  the  part  of  the 
Crown.  No  question,  therefore,  will  be  raised  as  to  whether 
a  bequest  can  be  sustained  after  a  limitation  to  illegitimate 
children ;  or  any  other  obstacle  interposed  under  the  doc- 
trine of  escheats,  or  any  other,  by  the  legal  representatives 
of  the  Crown.  These  officers,  I  am  given  to  understand, 
have  had  the  whole  case  under  consideration,  and  will  do 
nothing  more  than  exercise  that  general  superintendence 
which  the  Crown,  through  its  law  officers,  is  bound  to  exer- 
cise where  questions  may  arise  connected  with  public  char- 
ities; the  rules  respecting  which  are  considered  applicable 
to  this  case. 

The  court,  after  the  hearing,  decreed  that  the  case  be  re- 
ferred to  one  of  the  masters  in  chancery,  the  proper  officer 
for  the  duty,  to  make  the  requisite  inquiries  as  to  the  facts 
on  the  happening  of  which  the  United  States  become  en- 
titled to  the  fund  bequeathed  by  Mr.  Smithson.  The  claim 
of  Madame  la  Batut  having  been  brought  before  the  court 
by  counsel  representing  it,  his  lordship  also  decreed  that 
the  validity  of  that  claim  be  inquired  into,  with  a  view  to 
ascertain  if  it  be  a  proper  charge  upon  the  fund. 

The  inquiries  will  be  proceeded  with  in  the  usual  and 
regular  manner,  and  with  all  the  expedition  that  my  super- 
intendence can  impart  to  them.  When  brought  to  a  close, 
the  cause  will  come  on  for  the  further  order  and  decree  of 
the  court. 

Having  heretofore  mentioned,  and  in  my  last  letter  ex- 
plained more  particularly,  the  claim  of  Madame  la  Batut,  I 
need  say  no  more  about  it  at  present.  It  extends  only  to 
an  annuity  of  about  one  hundred  pounds,  payable  during 
her  life;  so  that,  even  if  sustained,  it  will  form,  in  the  end, 
no  material  deduction  from  the  fund.  But  I  have  of  course 
directed  that  it  be  properly  scrutinized,  in  order,  that  noth- 
ing be  taken  from  the  United  States  to  which  they  are 
rightfully  entitled. 

Counsel  also  appeared  for  Messrs.  Drummond,  and  made 
a  little  show  of  opposition  ;  but  as  their  clients  are,  in  fact,. 


SMITHSONIAN    BEQUEST.  21 

nothing  more  than  stakeholders,  they  will  offer,  in  the 
further  progress  of  the  case,  as  I  have  reason  to  believe,  no 
serious  opposition.  They  said  on  this  occasion  that  the  bill, 
in  giving  title  to  the  suit,  ought  to  have  named  General 
Jackson  as  President;  on  which  Mr.  Pemberton  remarked, 
that  in  that  case  it  must  have  been  amended  on  the  4th  of 
March,  by  substituting  the  name  of  Mr.  Van  Buren.  On 
the  other  hand,  the  King's  representative,  Mr.  Wray,  ex- 
pressed his  concurrence  with  Mr.  Pemberton,  that  the  title 
of  the  suit  was  good  as  it  stood. 

Our  professional  advisers  thought  that  the  President 
ought  to  be  named,  as  in  the  title,  with  a  view  to  a  techni- 
cal responsibility  on  the  record  for  costs,  although  no  such 
question  of  fact  would  arise  in  this  case ;  and  because  he 
was  otherwise  the  organ  of  intercourse  and  business  be- 
tween the  United  States  and  foreign  nations.  I  told  them 
that  his  name  was  not  thus  introduced  in  suits  in  the  United 
States;  but  they  had  before  them  the  act  of  Congress  of 
July  the  1st,  1836,  directing  that  this  suit  might  be  brought 
in  the  name  of  the  United  States,  "  or  otherwise,  as  may 
be  advisable,"  and  formed  their  opinion  accordingly. 

The  master  of  the  rolls,  not  having  then  seen  the  act  of 
Congress,  intimated  his  impression  to  be  that  the  suit 
should  follow  in  this  respect  the  forms  in  the  United  States; 
adding,  that  he  considered  this  part  of  the  case  as  nothing 
but  matter  of  form,  and  would  give  leave  to  amend  forth- 
with, if  necessary ;  so  that  the  point  is  of  no  consequence. 

I  think  I  am  justified  in  saying,  from  all  that  is  known 
at  present,  that  the  case  is  in  a  safe  train  in  all  respects, 
with  every  promise  of  a  successful  issue.  Reports  of  what 
took  place  in  court  have  appeared  in  the  newspapers  here, 
but  are  not  to  be  relied  upon,  as  I  am  enabled  to  say,  my 
duty  having  made  it  proper  that  I  should  myself  be  present 
in  court  all  the  while. 

In  my  letter  of  the  22d  of  November,  it  is  intimated  that 
I  might,  perhaps,  at  a  subsequent  stage  of  the  case,  have 
deemed  some  appeal  to  this  Government  advisable  in  rela- 
tion to  it.  The  contingency  I  had  in  view,  was  that  of  the 
Attorney  General  interposing  a  claim  for  the  Crown,  under 
the  law  of  escheats.  In  that  event  I  had  contemplated 
drawing  up  a  counter  representation  on  behalf  of  the  United 
.States,  founded  on  the  public  objects  of  Mr.  Smithson's 
will,  to  be  brought  to  the  notice  of  this  Government, 
' -through  the  channel  of  our  minister.  All  necessity  for 


22  SMITHSONIAN   BEQUEST. 

acting  upon  this  intention  is  now  at  an  end,  by  the  course> 
which  the  law  officers  of  the  Crown  have  pursued ;  and  I 
can  discern  no  other  ground  for  an  application  to  this  Gov- 
ernment. Nor,  I  am  happy  to  add,  does  any  such  applica- 
tion appear  at  present  to  be  needed,  either  for  the  purpose 
of  justice  or  expedition. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant, 

RICHARD  RUSH. 

lion.  JOHN  FORSYTH,  Secretary  of  State. 


Richard  Rush  to  John  Forsyt1». 

LONDON,  February  10,  1837. 

SIR:  After  what  I  communicated  in  my  last  letter,  it  is 
proper  for  me  to  state  that  the  court  finally  determined, 
before  the  minutes  of  its  proceedings  on  tiio  1st  instant 
were  made  up,  that  the  title  of  the  suit,  as  originally  advised 
by  our  counsel,  was  the  proper  title,  viz  :  "  The  President 
of  the  United  States  of  America  versus  Drummond."  It 
therefore  stands  so  without  alteration. 

It  will  have  been  observed  from  rny  last,  that  the  court 
had  not  seen  the  act  of  Congress  in. the  proceedings  of 
record  up  to  the  1st  instant.  The  reason  it  did  not  then 
appear  on  the  face  of  the  bill  will  be  found  in  the  nature  of 
the  counsel's  opinion.  I  put  a  copy  of  the  act  into  their 
hands,  as  a  necessary  accompaniment  to  my  statement  of 
the  case  drawn  up  for  their  consideration.  On  referring  to 
their  opinion,  transmitted  with  my  No.  4,  it  will  be  seen 
that  they  recommend  that  a  bill  be  lirst  filed,  praying  that 
the  United  States  might  "be  declared  entitled  to  the  fund, 
upon  trust,  for  the  purposes  expressed  in  the  will ;"  and, 
next,  that  when  a  decree  to  that  effect  was  obtained,  a  peti- 
tion should  be  presented,  in  the  name  of  the  President  and 
the  agent,  praying  that  the  fund  be  transferred  to  the  latter, 
as  authorized  by  the  President  under  the  act  of  Congress  to 
receive  it.  The  counsel  thought  that  the  proper  time  for 
setting  forth  the  act  would  have  arrived  when  the  petition 
was  presented,  and  not  before  ;  but  the  court,  under  its  first 
impression,  inclining  to  think  it  ought  to  be  added  to  the 
bill,  gave  leave  to  make  the  addition  forthwith,  and  it  was 
done  accordingly.  The  case  therefore  now  stands,  on  all 
points,  as  could  be  desired,  without  any  delay  having  inter- 


SMITHSONIAN    BEQUEST.  23 

vened  through  matters  of  form.     Our  professional  advisers 
are  disposed  to  regard  this  with  satisfaction,  considering  the 
case  as  one  of  the  first  impression  here,  the  United  States 
having  never  before  appeared  as  suitor  in  an  English  court. 
Having  selected  counsel  of  distinguished  character  and 
abilities  m  the  court  of  chancery  to  conduct  the  proceed- 
ings on  the  part  of  the  United  States,  I  feel  that  it  is  not 
my  province  to  guide  but  follow  their  opinions  in  matters 
of  English  law  and  practice.     Yet  I  feel  it  a  duty  to  under- 
stand theirs,  and  offer  mine  to  their  consideration  whenever 
there  may  seem,  any  likelihood  of  its  being  serviceable  to 
the  claim  of  the  United  States,  and  will  frankly  own  that  I 
saw  no  objection  to  their  withholding  the  act  of  Congress 
from  the  record,  until  actual  payment  of  the  fund  was  asked 
of  the   court   who  have  the  present  custody  of  it.     The 
United  States,  it  is  true,  had  never  before  sued  in  an  Eng- 
lish court.     But  there  were  precedents  of   other  nations 
having  done  so  by  their  executive  head;  as,  for  example, 
the  King  of  France,  the  King  of  Denmark,  and  I  believe 
other  sovereign  and  independent  States.     It  was  not  under- 
stood that  any  legislative  act  of  those  countries  had  been 
considered  necessary,  and  was  therefore  inferred  that  the 
United  States  might  in  like  manner  enter  the  courts  here, 
as  of  common  usage,  to  establish  the  validity  of  a  testa- 
mentary bequest  made  to  them  by  a  subject  of  Britain. 
The  act  of  Congress  may  have  been  necessary,  quoad  the 
United  States  themselves.     The  bequest,  it  may  be,  could 
not  have  been  accepted  otherwise,  or  a  suit  been  brought 
en  their  behalf;  but  no  act  of  Congress  was  required  for 
such  ends  before  an  English  court.     The  will  itself,  showing 
a  prima  facie  right  in  the  United  States,  was  enough  to 
open  an  English  court  to  their  suit,  and  perhaps  their  dig- 
nity would  best  be  consulted  by  not  exhibiting  the  special 
act  until  indispensably  necessary.     The  validity  of  the  be- 
quest being  established  on  general  grounds  by  a  decree  of 
the  court,  then,  before  payment  could  have  been  made  to 
any  one  demanding  possession  of  the  fund  for  the   United 
States,  adequate  authority  from  the  proper  source  there 
must  be  shown;  arid  at  this  epoch  the  act  must  have  been 
filed,  as  well  as  the  agent's  power.     This  was  the  reasoning 
of  our  counsel,  as  I  understood  it.     It  appeared  to  me  good, 
as  did  their  reasons  for  bringing  the  suit  by  its  present  title. 
How  far  the  master  of  the  rolls"  might  have  dispensed  with 
the  filing  of  the  act  of  Congress  until  the  time  indicated  by 


4  SMITHSONIAN    BEQUEST. 

our  counsel  as  that  alone  when  it  was  necessary,  had  the 
latter  pressed  the  point  to  an  argument,  is  not  for  me  to 
say.  They  yielded  to  his  lordship's  first  impression,  and 
filed  it  at  once,  as  it  caused  no  delay,  and  must  have  been 
done  under  their  own  intentions  at  a  future  day,  if  a  favor- 
able decree  be  obtained  on  the  main  question,  now  so  rea- 
sonably to  be  anticipated. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Richard  Hush  to  John  Forsytfi. 

LONDON,  March  25,  1837. 

SIR:  In  my  No.  7  I  had  the  honor  to  inform  you  that  the 
court,  after  the  hearing  on  the  1st  of  February,  decreed  that 
the  case  be  referred  to  a  master  in  chancery,  to  make  the 
requisite  inquiries  as  to  the  facts,  on  the  happening  of  which 
the  United  States  become  entitled  to  the  fund  bequeathed 
by  Mr.  Smithson. 

The  facts  specially  directed  to  be  inquired  into,  and  which 
must  be  judicially  and  technically  settled,  are,  first,  whether 
Henry  James  Hungerford,  named  in  the  pleadings,  be  living 
or  dead;  second,  if  dead,  when  he  died;  third,  whether  he 
was  married  or  unmarried  at  the  time  of  his  death ;  fourth, 
if  married,  whether  he  left  any  and  what  children  and 
child,  and  the  age  or  ages  of  them,  if  any.  It  is  further  to 
be  ascertained  whether  John  Fitall,  mentioned  in  the  plead- 
ings, be  living  or  dead,  and,  if  dead,  when  he  died;  and  the 
said  master  is  finally  to  inquire  whether  Madame  de  la  Batut 
has  any  claim  on  the  testator's  estate,  and  to  make  report 
on  all  the  several  matters  so  referred  to  him. 

These  inquiries  are  now  all  duly  and  regularly  in  pro- 
gress. Advertisements,  of  which  I  annex  copies,  designed 
as  one  means  of  obtaining  information  under  the  four  heads 
first  specified,  and  the  last,  have  been  inserted  in  three  of 
the  London  newspapers  of  the  present  month,  viz  :  the 
Times,  Morning  Herald,  and  Standard.  Copies  of  them, 
translated  into  French  and  Italian,  have  also  been  inserted 
in  newspapers  at  Paris  and  Port  Louis,  in  France;  the  lat- 
ter being  the  place  where  Madame  de  la  Batut  resides ;  and 


SMITHSONIAN  BEQUEST.  25 

.at  Leghorn,  in  Italy,  it  being  understood  that  there  is  no 
newspaper  published  at  Pisa,  where  it  is  believed  Hunger- 
ford  died. 

It  was  by  my  direction  that  the  advertisements  have  been 
framed  with  all  the  brevity  compatible  with  the  essential 
object  of  the  court's  decree.  I  have  caused  to  be  carefully 
kept  from  them  any  mention  of  the  amount  of  property  be- 
queathed, and  everything  else  respecting  the  nature  of 
IVlr.  Smithson's  will.  This  course  seems  best  adapted  to 
guard  against  the  risk  of  raising  up  spurious  claimants,  or 
combinations,  in  France,  Italy,  or  this  country,  to  battle 
with  the  right  of  the  United  States,  whereby,  although  their 
ultimate  recovery  of  the  fund  might  not  be  prevented,  great 
delays  might  be  interposed. 

Whether  John  Fitall  be  living  or  dead,  the  remaining 
branch  of  inquiry,  is  a  fact  to  be  ascertained  without  diffi- 
culty here  in  London. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Advertisements. 

(i-) 

Whereas,  by  a  decree  of  the  high  court  of  chancery  in 
England,  made  in  a  cause  wherein  the  President  of  the 
United  States  of  America  is  plaintiff,  and  Charles  Drum- 
mond  and  his  Majesty's  Attorney  General  are  defendants, 
it  was  (amongst  other  things)  referred  to  Nassau  William, 
Sen.,  Esq.,  one  of  the  masters  of  the  said  court,  to  inquire 
.and  state  to  the  court  whether  Henry  James  Ilungerford, 
who  formerly  resided  at  Paris,  in  the  Kingdom  of  France, 
-and  is  alleged  to  have  died  in  Pisa,  in  the  Kingdom  of 
Naples,  in  the  month  of  June,  1835,  is  living  or  dead,  and, 
if  dead,  where  he  died,  and  whether  he  was  married  or 
unmarried  at  the  time  of  his  decease,  and,  if  married, 
whether  he  left  any  children  or  child  him  surviving,  and 
the  ages  of  such  children,  if  more  than  one.  ^  Therefore, 
-any  person  who  can  give  any  information  touching  the  said 
Henry  James  Ilungerford,  is  requested,  on  or  before  the 


26  SMITHSONIAN    BEQUEST. 

1st  day  of  June  next,  to  furnish  the  same  to  Messrs.  Clarke, 
Fynmore,  and  Fladgate,  43  Craven  street,  Strand,  London. 

(2.) 

Whereas,  by  a  decree  of  the  high  court  of  chancery  in 
England,  made  in  a  certain  cause  wherein  the  President  of 
the  United  States  of  America  is  plaintiff,  and  Charles  Drum- 
mond  and  his  Majesty's  Attorney  General  are  defendants,  it 
is  (amongst  other  things)  referred  to  Nassau  William,  Sen., 
Esq.,  one  of  the  masters  of  the  said  court,  to  inquire  and  state 
to  the  court  whether  Madame  de  la  Batut,  who  lately 
resided  at  Port  Louis,  in  the  Kingdom  of  France,  has  any 
claim  on  the  estate  of  James  Smithson,  who  died  at  Genoa, 
in  the  year  1829,  the  testator  in  the  pleadings  of  the  said 
cause  named.  Therefore,  the  said  Madame  de  la  Batut  is, 
on  or  before  the  1st  day  of  May  next,  to  come  in  before  the 
said  master,  at  his  chambers  in  Southampton  buildings, 
Chancery  lane,  London,  and  make  out  her  claim  on  the  said 
estate  of  the  said  testator,  James  Smithson ;  or,  in  default 
thereof,  she  will  be  excluded  the  benefit  of  the  said  decree. 


Richard  Rush  to  John  Forsyth. 

LONDON,  April  28,  1837. 

SIR  :  In  enclosing  a  duplicate  of  my  last  letter,  (sent 
with  the  original  of  this,)  I  have  to  supply  an  omission  in 
not  stating  that  the  advertisements  were  inserted  in  the 
London  Gazette,  in  addition  to  the  other  London  news- 
papers mentioned.  It  is  the  more  necessary  I  should  state 
this,  as  when  the  bills  for  legal  disbursements  are  all  finally 
rendered,  it  will  be  seen  that  the  item  for  advertising  in 
this  country  forms  no  inconsiderable  one.  It  was  my  wish 
to  avoid  these  advertisements  altogether,  not  simply  on 
account  of  expense,  which  would  have  been  a  good  reason 
of  itself,  but  for  the  more  important  one  hinted  in  my  last, 
viz  :  their  possible  tendency  to  raise  up  fictitious  claimants ; 
but  my  wish  could  not  prevail  against  the  express  order  of 
the  court  of  chancery  under  which  they  were  inserted. 

In  regard  to  the  legal  expenses,  generally,  of  this  agency, 
I  will  take  this  occasion  of  barely^rernarking,  that  whilst  I 
have  kept  a  constant  watch  over  them  all,  endeavoring  to 


SMITHSONIAN   BEQUEST.  27 

confine  them  within  limits  as  moderate  as  possible,  they 
are  proverbially  heavy  in  English  chancery  proceedings.  It 
seems  that  something  is  to^be  paid  for  every  step  taken, 
every  line  written,  and  almost  every  word  spoken  by  coun- 
sel, senior  and  junior,  solicitors,  clerks,  and  everybody 
connected  with  the  courts,  and  officers  attached  to  them, 
under  the  extremely  artificial  and  complicated  judiciary  sys- 
tems that  exist  here. 

Perhaps  I  ought  also  to  have  mentioned  in  my  last  that 
there  is  no  doubt  whatever  of  the  fact  of  John  FitalPs 
death.  It  only  remains  for  the  court  to  know  it  through 
regular  evidence,  easily  attainable,  as  before  remarked,  in 
London,  where  he  died. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Daniel  Brent  to  Richard  Rush. 

UNITED  STATES  CONSULATE, 

PARIS,  May  3,  1837. 

SIR  :  On  the  7th  of  August  last  I  made  known  to  the 
Secretary  of  the  State  the  amount  of  expenses  that  had 
been  incurred  by  me  in  this  city  in  taking  precautionary 
steps  to  secure  to  the  United  States,  as  legatee  of  James 
Smithson,  of  London,  the  possession  of  property  then  sup- 
posed to  constitute  a  portion  of  his  estate,  and  now  have 
the  honor  of  transmitting  to  you,  in  consequence  of  a  letter 
recently  received  from  the  Department,  receipts  for  the 
amount  of  these  expenses,  as  follows,  viz : 

Receipts  of  the  M.  Castaignet  for  his  services .fr.  226  25 

Do.     avocat,  M.  Delagrange  do 4000 

My  own  receipt  for  postages 6  GO 

Total .fr.  372  25 

I  would  feel  obliged  to  you  if  you  would  have  the  good- 
ness to  provide,  at  as  early  a  day  as  may  suit  your  con- 
venience, for  my  reimbursement,  by  furnishing  me  with  a 


28  SMITHSONIAN    BEQUEST. 

bill  on  Paris  for  their  amount;  and,  in  the  mean  time,  I 
.have  the  honor  to  be,  sir,  your  obedient  humble  servant, 

DANIEL  BRENT. 
KICHARD  RUSH,  &c.,  London. 


Richard  Rush  to  Daniel  Brent. 

LONDON,  PORTLAND  HOTEL, 
Great  Portland  Street,  May  10,  1837. 

SIR  :  I  received  your  letter  of  the  3d  instant,  transmitting 
receipts  for  sums  expended  by  you  in  Paris,  amounting  to 
fr.  272  25,  for  precautionary  steps  taken  on  your  part  to 
secure  possession  of  property  then  supposed  to  constitute  a 
portion  of  the  property  bequeathed  to  the  United  States  by 
Mr.  Smithson.  You  state  that  you  transmit  these  receipts 
to  me  in  consequence  of  a  letter  recently  received  from  the 
Department  of  State,  and  request  I  will  provide  for  your 
reimbursement  by  a  bill  on  Paris  for  the  amount. 

I  received  from  the  Secretaiy  of  State,  in  December  last, 
copies  of  the  same  account,  with  a  request  tbat  I  would  ex- 
amine it,  and  if  I  deemed  it  just,  and  the  amount  reason- 
able, transmit  to  you  the  sum  necessary  to  discharge  it ;  his 
letter  remarking  that  the  account,  if  correct,  was  properly 
chargeable  on  the  Smithsonian  fund  in  my  hands,  created 
by  the  act  of  Congress  of  July  1,  1836,  for  defraying  ex- 
penses incidental  to  the  prosecution  of  the  claim  of  the 
United  States  to  the  bequest  of  Mr.  Smithson. 

In  reply,  I  had  the  honor  to  inform  the  Secretary,  by 
letter,  dated  the  9th  of  January,  that  it  was  still  a  point  un- 
settled whether  the  property  which,  with  a  commendable 
zeal,  you  had  aimed  at  securing  for  the  United  States,  now 
constituted  any  part  of  the  Smithsonian  fund  in  the  English 
court  of  chancery,  awaiting  its  decision;  that  nothing  had 
yet  been  adjudged  to  the  United  States;  that  perhaps  it 
might  be  doubtful,  under  these  and  other  circumstances  I 
stated,  all  of  which  could  not  have  been  known  when  the 
Secretary's  letter  to  me  was  written,  how  far  the  act  of  July 
the  1st  would  sustain  the  charge  in  question ;  and  that  at 
all  events  I  had  come  to  the  conclusion  not  to  pay  the 
account  until  the  issue  of  the  proceedings  in  chancery  on 
the  whole  case  here  \vas  known,  unless  I  should  receive  the 
•Secretary's  instructions  to  pay  it,  after  what  I  thus  wrote. 

I  have  received  none;    and  unless  the  letter  from  the 


SMITHSONIAN    BEQUEST.  29 

Secretary,  which  you  have  received,  were  written  after  the 
receipt  of  mine  of  the  9th  of  January,  and  contains  an  ex- 
press direction  to  me  to  pay,  I  should  not  feel  at  liberty  to 
do  so;  the  less,  as  everything  remains  undecided  here,  and 
a  new  fact  is  interposed.  Congress  at  the  late  session 
omitted  to  make  any  further  appropiation  for  the  full  prose- 
cution and  recovery  of  the  Smithsonian  bequest;  and  it  is 
certain,  in  my  belief,  that  the  sum  allotted  by  the  act  of 
July  1,  1836,  will  be  exhausted  by  the  unavoidable  expenses 
in  London  before  any  new  appropriation  can  come  from  the 
next  Congress. 

I  have  the  honor  to  remain,  very  faithfully,  your  obedient 
servant, 

RICHARD  RUSH. 

DANIEL  BRENT,  Esq.,  Consul  of  the  United  States,  Paris. 


Richard  Rush  to  John  Forsyth. 

LONDON,  May  18,  1837. 

SIR  :  I  have  received  a  letter  from  Mr.  Brent,  consul  at 
Paris,  transmitting  his  account  and  the  receipts  for  moneys 
expended  by  him  in  that  city,  with  a  view  to  obtain  for  the 
United  States  some  property,  then  supposed  to  be  a  part  of 
that  which  was  bequeathed  by  Mr.  Smithson.  It  is  the  same 
account  that  was  forwarded  to  me  with  your  instructions  of 
the  17th  of  November  last.  To  these  I  had  the  honor  of 
replying  in  my  No.  6,  in  which  the  nature  of  the  account 
was  explained,  and  reasons  assigned  for  suspending  pay- 
ment; your  instructions  appearing  to  have  left  me  a  dis- 
cretion over  the  subject.  I  transmit  a  copy  of  Mr.  Brent's 
letter  dated  the  3d  instant,  with  a  copy  of  my  answer  dated 
the  10th.  My  reasons  will  be  seen  in  the  latter  for  still 
withholding  payment;  Mr.  Brent's  letter,  as  I  read  it,  not 
conveying  to  me  your  direction  to  pay.  If  I  have  erred  in 
this  particular,  I  shall  wait  your  further  instructions,  and 
obey  them.  My  letter  to  Mr.  Brent,  besides  bringing  into 
view  the  former  reasons,  mentions  a  new  one. 

Under  one  of  the  advertisements  transmitted  with  my 
No.  9,  viz:  the  one  returnable  on  the  1st  of  this  month, 
the  husband  of  Madame  la  Batut  has  come  over  here  from 
France,  to  make  out  the  claim  of  his  wife  upon  the  estate 
of  Mr.  Smithson.  He  has  written  me  notes,  and  called 


30  SMITHSONIAN    BEQUEST. 

upon  rnc,  though  as  yet  I  have  not  seen  him.  I  deem  it 
unnecessary  to  transmit  to  you  his  representations,  as  I  do 
not  act  upon  them  in  any  way,  abstaining  as  well  through 
rny  own  judgment  as  that  of  our  professional  advisers.  To 
the  latter  I  say,  if  Monsieur  la  Batut  has  a  just  claim  on 
the  part  of  his  wife,  it  ought  to  be  allowed ;  if  not,  no 
authority  but  that  of  Congress  could  award  him  anything 
out  of  the  Smithsonian  bequest,  should  it  be  finally -ad- 
judged to  the  United  States.  To  this  they  assent,  with  the 
further  concurrence  between  us,  that  the  court  must  decide 
upon  the  claim;  for  establishing  which,  if  it  can  be  estab- 
lished, he  will  now  have  every  opportunity  before  a  master 
in  chancery,  the  officer  regularly  appointed  by  the  court  for 
that  purpose.  The  solicitors  advise  me  that  he  is  a  trouble- 
some person,  and  seems  to  have  unreasonable  expectations  ; 
which,  however,  will  be  carefully  scrutinized  and  properly 
trolled. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

KICIIARD  HUSH. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Clarke,  Fynmore  $  Fladgate  to  Richard  JRush. 

No.  43  CRAVEN  STREET,  June  9,  1837. 
SIR  :  We  think  it  right  to  inform  you  that  we  have  lately 
had  several  interviews  with  M.  de  la  Batut,  who  married 
the  mother  of  the  deceased  Henry  James  Ilungerford,  and 
who  we  thought  might  be  induced  to  furnish  us  with  every 
proof  we  wanted  touching  the  deceased.  His  object  was  to 
press  upon  our  consideration  the  moral  claims  which  he 
supposes  his  wife  and  her  and  his  children  have  upon  the 
United  States,  in  consequence  of  their  succeeding  to  the 
fortune,  to  the  income  of  which  Ilungerford  was  entitled 
for  his  life.  We  allude  to  these  moral  claims,  to  distinguish 
them  from  the  rights  which  Madame  de  la  Batut  may  have 
under  the  will  of  Colonel  Dickinson,  Ilungerford's  father, 
which  ^are  the  subject  of  inquiry  before  the  master.  To 
show,  in  part,  the  nature  of  these  MORAL  claims,  we  may 
mention,  that  as  the  fund  is  left  to  the  United  States,  to 
found  an  institution  for  promoting  knowledge,  he  considers, 
notwithstanding  that  the  institution  is  to  be  founded  in 


SMITHSONIAN    BEQUEST.  31 

America,  that  his  and  Madame  de  la  Batut's  children  in 
France  should  have  an  allowance  until  the  age  of  twenty- 
two,  for  their  education;  and  he  considers  that  the  income 
derived  from  the  fund  since  the  testator's  death  should  be 
allowed  to  Madame  de  la  Batut ! 

We  do  not  think  it  necessary  to  go  further  into  these 
requisitions,  or  into  a  detail  of  M.  de  la  Batut's  arguments  in 
support  of  them.  We  may,  however,  advert  more  particu- 
larly to  the  following  point,  which  may  have  some  claim  to 
consideration.  M.  de  la  Batut  urges  that  young  Hunger- 
ford,  who  lived  up  to  his  income,  left  behind  him  nothing 
to  pay  debts  and  funeral  expenses;  that  had  Mr.  Smithson's 
will  come  into  operation  now,  instead  of  seven  years  back, 
he  would,  in  consequence  of  a  modern  alteration  in  the  law, 
have  been  entitled  to  a  portion  of  the  accruing  half  year's 
income  up  to  his  death ;  but  that,  as  the  modern  alteration 
does  not  apply  to  the  case,  he  is  deprived  even  of  that,  and 
cannot  be  said  to  have  enjoyed  the  income  of  the  property 
during  his  whole  life;  and  thus  burdens  are  thrown  upon 
his  relations,  which  their  circumstances  do  not  enable  them 
to  bear.  We  may  here  observe,  that  the  law  on  this  sub- 
ject is  clear;  he  was  not  entitled  to  any  portion  of  the  half 
year's  income.  We  answered  him  by  stating  that  neither 
you  nor  ourselves  could  give  any  opinion  on  the  subject, 
still  less  undertake  that  anything  should  be  done  for  him 
by  the  United  States ;  and  we  informed  him  that  if  he  con- 
sidered he  had  any  moral  claims,  he  must  himself  apply  to 
the  proper  authorities,  which  he  stated  his  intention  to  do. 
We  further  informed  him  that  we  were  in  search  of  evi- 
dence which  was  completely  within  his  knowledge ;  and  we 
offered,  if  he  would  furnish  us  with  and  depose  to  the  par- 
ticulars relating  to  Hungerford  known  to  him,  we  would  so 
far  support  any  application  he  might  make  to  the  proper 
authorities  as  to  certify  that  in  our  inquiries  and  proofs  we 
were  under  material  obligations  to  him ;  and  he  at  length 
consented  to  make  the  necessary  depositions.  These  depo- 
sitions we  drew  up  in  proper  form,  but,  upon  requesting 
him  to  make  an  appointment  to  swear  to  them,  he  refused 
to  do  so,  unless  he  had  a  pledge  from  you  that  you  would 
do  all  in  your  power  to  support  his  claims,  in  addition  to 
the  recommendation  of  Mr.  Drummond  to  the  consideration 
of  the  United  States.  The  recommendation  of  Mr.  Drum- 
mond, we  might  have  promised  him,  but  the^  pledge  re- 
quired from  you  we  knew  to  be  out  of  the  question ;  and  as 


32  SMITHSONIAN    BEQUEST. 

in  tne  mean  time  we  have  received  from  Italy  documents 
which  we  trust  will  obviate  the  necessity  of  again  applying 
to  him  for  assistance,  we  felt  no  hesitation  in  at  once  declin- 
ing to  make  terms  with  an  individual  whose  style  of  con- 
duct would  hardly  justify  any  strong  recommendation  in  his  , 
favor.  He  then  positively  refused  to  assist  us  any  further, 
and  has  left  us  in  considerable  anger;  and  he  has  expressed 
his  determination  to  make  an  application  to  the  President 
through  another  channel.  It  will,  we  conceive,  be  entitled 
to  little  favor. 

We  remain,  &c., 

CLARKE,  FYNMORE  £  FLADGATE. 
To  RICHARD  RUSH,  Esq. 


Clarke,  Fynmore  $  Fladgate  to  Richard  Rash. 

No.  43  CRAVEN  STREET,  June  22,  1837. 

SIR  :  Mr.  Drummond  has  written  to  us,  to  inform  you 
that  M.  de  la  Batut  has  submitted  to  him  a  memorial, 
which,  on  the  part  of  Madame  de  la  Batut,  he  proposes  to 
address  to  the  President  of  the  United  States.  Not  having 
been  acquainted  personally  with  Mr.  Smithson,  Mr.  Drum- 
mond cannot  vouch  for  any  of  the  facts  stated  in  the  memo- 
rial ;  but,  as  Mr.  Smithson's  executor,  he  feels  disposed  to 
recommend  to  the  consideration  of  the  United  States  any 
application  coming  from  the  mother  of  the  deceased  Hun- 
gerford,  who,  so  far  as  he  has  the  means  of  knowing,  is  left, 
by  her  son's  death,  in  reduced  circumstances.  Neverthe- 
less, we  must  here  add,  that  the  attention  paid  to  such  ap- 
plication must  of  course  depend  upon  the  conduct  of  the 
parties  making  it. 

We  are,  &c., 

CLARKE,  FYNMORE  &  FLADGATE. 

To  RICHARD  RUSH,  Esq. 


Richard  Rush  to  John  Forsyth. 

LONDON,  June  24,  1837. 

SIR  :  I  enclose  copies  of  two  letters  received  from  our 
solicitors,  dated  the  9th  and  22d  instant,  relating  to  the 


SMITHSONIAN   BEQUEST.  '33 

conduct  of  Monsieur  la  Batut,  in  reference  to  the  supposed 
claim  of  his  wife  upon  the  Smithsonian  fund. 

My  No.  6,  of  January  9th,  will  have  made  known  who 
the  wife  is.  Nothing  is  more  clear  than  that  she  has  no 
claim  under  the  will  of  Mr.  Smithson.  Her  claim,  if  any, 
can  only  be  made  out,  as  mentioned  in  my  No.  6,  under 
the  will  of  Henry  Louis  Dickinson,  and  for  its  establish- 
ment the  court  of  chancery  has  pointed  out  the  proper 
means,  and  Monsieur  la  Batut  has  full  liberty  to  adopt 
them,  that  justice  may  be  done.  I  said  in  my  No.  7,  that 
the  claim  extended  only  to  about  one  hundred  pounds  a 
year;  but,  on  better  information,  I  find  that  it  would 
amount,  if  sustained,  to  two  hundred  and  forty  pounds  a 
year,'during  the  life  of  Madame  la  Batut. 

But  Monsieur  de  la  Batut  is  little  satisfied  with  putting 
forward  this  claim,  which,  it  may  be,  the  court  will  allow  if 
he  can  bring  forward  proof  to  substantiate  it.  He  makes 
a  sweeping  moral  claim,  as  he  calls  it,  upon  the  United 
States,  should  the  Smithsonian  fund  be  adjudged  to  them. 
The  letter  from  the  solicitors  of  the  9th  instant  gives,  in 
part,  the  ground  of  this  moral  claim.  He  thinks  that,  as 
the  Smithsonian  fund  is  to  be  applied  to  found  an  institu- 
tion at  Washington,  for  the  increase  and  diffusion  of  knowl- 
edge among  men,  his  children  in  France  have  a  claim  to  be 
educated  out  of  it;  and  he  even  considers  that  his  wife 
has  a  claim  to  the  *  *  *  .  *  income  of  the  fund  since 
Mr.  Smithson's  death !  This,  at  a  rough  estimate,  might 
be  perhaps  set  down  at  upwards  of  twenty  thousand 
pounds. 

I  cannot  wonder  that  the  solicitors  deemed  it  unneces- 
sary to  detail  to  me  the  "  arguments  "  by  which  Monsieur  de 
la  Batut  sought  to  support  these  his  "  requisitions."  His 
attempt  at  coercion,  by  withholding  evidence  within  his 
power,  unless  on  a  previous  pledge  from  me  to  support  his 
requisitions,  thereby  showing  a  disposition  to  prevent  the 
United  States  recovering  anything,  will  probably  gain  him 
little  favor  in  their  eyes.  Fortunately,  there  is  now  other 
evidence,  as  the  solicitors  state  in  their  letter,  and  have 
since  told  me  verbally,  which,  it  is  believed,  will  place  the 
United  States  beyond  his  reach.  The  part  of  their  letter 
that  I  read  with  regret  was  that  in  which  they  intimated  to- 
him  that,  as  neither  they  nor  I  could  engage  that  anything 
.should  be  done  for  him  by  the  United  States,  he  must  him- 
self apply  to  the  proper  authorities.  I  called  upon  them 


34  SMITHSONIAN    BEQUEST. 

immediately,  to  express  my  wish  that  no  such  encourage- 
ment be  in  future  held  out  to  him ;  but  it  seems  that  he 
had  already  taken  his  course ;  their  letter  of  the  22d  instant 
gives  me  to  understand  that  he  proposes  to  address  a  me- 
morial to  the  President,  through  the  auspices  of  .Mr. 
Drummond,  the  defendant  in  the  suit.  That  he  would 
have  done  so  on  his  own  motion,  in  the  end,  without  any 
hint  from  the  solicitors,  is  probable  enough ;  but  I  was 
sorry  it  had  been  given  to  him.  For  myself,  I  have  invari- 
ably discountenanced  all  his  pretensions,  deeming  it  my 
duty  to  do  so  most  unequivocally.  I  have  refused  to  see 
him,  unless  in  presence  of  the  solicitors,  lest  he  should 
misunderstand,  or  forget,  or  pervert,  what  I  might  say ; 
and  the  latter  told  me  they  could  perceive  no  advantage  in 
my  seeing  him.  If  the  United  States  recover  the  legacy 
bequeathed  by  Mr.  Smithson,  I  should  naturally  regard  the 
whole  of  it  as  a  trust  fund  in  their  hands,  not  to  be  in  any- 
wise diminished  or  touched  but  by  the  same  legislative 
power  that  accepted  it,  for  the  purposes  specially  set  forth 
in  the  act  of  Congress  of  the  1st  of  July,  1836.  Not  only, 
therefore,  do  I  disclaim  all  authority  for  yielding,  in  the 
slightest  degree,  to  Monsieur  la  Batut's  demands,,  or  giving 
him  the  least  hope  that  any  of  them  are  ultimately  to  be 
allowed  by  the  United  States,  but  I  should  have  thought  it 
not  justifiable  in  me  to  refer  him  to  the  President. 

Not  being  sure  that  I  rightly  understood  what  the  solici- 
tors mean  in  their  letter  of  the  9th,  about  an  alteration  in 
the  law,  I  sought  an  explanation  from  them.  It  appears 
that,  by  an  act  of  Parliament  passed  in  1834,  whenever  a 
person  entitled  to  the  annual  proceeds  of  any  fund  or  prop- 
erty for  his  life,  under  a  will  coming  into  operation  after 
the  passing  of  the  act,  dies  between  the  points  of  time  as- 
signed for  the  periodical  payments,  his  representatives  be- 
come entitled  to  a  proportionate  part  of  the  accruing  pro- 
ceeds up  to  the  day  of  his  death.  Before  this  act,  there  was 
no  such  apportionment;  and,  as  Mr.  Smithson's  will  came 
into  operation  before  it  was  passed,  Hungerford's  represent- 
atives have  no  claim  to  any  of  the  dividend  that  accrued 
after  the  last  dividend  day  that  happened  previously  to  his 
decease.  I  asked  how  this  would  stand  with  the  case  I 
drew  up  for  the  opinion  of  counsel,  as  transmitted  with  my 
No.  4 ;  in  which,  among  other  things,  I  stated,  under  the 
sanction  of  the  solicitors,  that  "  Mr.  Hungerford  received 
the  income  arising  from  the  testator's  property  up  to  the  time 


SMITHSONIAN    BEQUEST.  35 

of  his  death."  They  replied  that  this  was  nevertheless  cor- 
rect ;  he  did  receive  all  that  had  accrued  up  to  that  time ;  but 
there  was  a  dividend  in  progress  which,  as  it  had  not  actu- 
ally arisen,  and  could  not  have  been  claimed  by  Hungerford 
in  his  lifetime,  his  representative  has  no  claim  to  it  after 
his  death.  Such  was  their  explanation. 

It  is  not  for  me  to  say  how  far  this  lends  any  equity  to 
.any  fraction  of  Monsieur  la  Batut's  claims  or  requisitions. 
It  is  a  familiar  maxim,  that  those  who  ask  equity  should  do 
equity.  The  United  States  will  succeed  to  all  that  the  law 
of  England  gives  them,  as  the  Lord  Chancellor  may  ex- 
pound and  apply  that  law  to  their  special  predicament 
under  the  will,  having  due  reference,  no  doubt,  to  the  rights 
of  all  other  parties  before  the  court ;  and  whatever  may  be 
the  amount  adjudged  in  their  favor,  my  uniform  declaration 
is  that  Congress  alone  would  have  the  power  to  reduce  it. 
I  add,  as  explicitly,  that  to  no  one  can  I  give  the  remotest 
encouragement  or  hope  that  it  would  be  reduced,  and,  least 
of  all,  to  one  so  unreasonable,  so  exacting,  and  apparently 
.so  bent  upon  thwarting  the  rights  of  the  United  States,  as 
Monsieur  de  la  Batut. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

ElCHARD  EUSH. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Eichard  Rush  to  Clarke,  Fynmore  $•  Fladgate. 

PORTLAND  HOTEL,  GREAT  PORTLAND  STREET, 

July  21,  1837. 

GENTLEMEN  :  Having  at  all  times  made  known  my  wishes 
for  a  speedy  decision  of  the  case  you  have  in  hand  for  the 
United  States,  I  need  not  here  repeat  them,  but  as  the  time 
approaches  when  the  court  of  chancery  will  adjourn  over  to 
November,  I  must  ask  you  to  inform  me  what  seem  the 
prospects. 

Eemaining  your  obedient  servant, 

EICHARD  EUSH. 

To  Messrs.  CLARKE,  FYNMORE  &  FLADGATE. 


36  SMITHSONIAN   BEQUEST. 


Clarke,  Fynmore  $  Fladgate  to  Richard  Rush. 

43  CRAVEN  STREET,  STRAND,  July  22,  1837. 

DEAR  SIR  :  In  answer  to  your  letter  of  yesterday,  on  the 
subject  of  Mr.  Smithson's  bequest  to  the  United  States,  we 
beg  leave  to  inform  you  that  we  have  used  all  the  means  in 
our  power  to  bring  the  matter  to  a  close,  but  we  are  still 
unable  to  state  any  definite  period  at  which  you  might  ex- 
pect to  receive  the  funds. 

Our  inquiries  in  Italy  have,  we  trust,  put  us  in  possession 
of  such  evidence  as  will  fully  establish  the  fact  of  Mr.  Hun- 
gerford's  death,  without  having  been  married;  but,  how- 
ever important  it  may  be  to  do  this,  still  there  is  another 
point  to  be  settled  before  the  funds  will  be  available  to  the 
United  States.  This  point  is  the  claim  of  Madame  de  la 
Batut,  under  the  will  of  Colonel  Dickinson,  (whose  executor 
Mr.  Smithson  was,)  under  which  will  she  is  entitled  for  her 
life  to  half  the  colonel's  property. 

The  outline  of  this  claim  is,  that  Mr.  Smithson  possessed 
himself  of  all  Colonel  Dickinson's  estate,  and  never  ren- 
dered to  Madame  de  la  Batut  any  account  of  it;  and  that, 
not  having  done  so,  she  has  now  a  right  to  call  upon  Mr, 
Smithson's  executor  to  do  that  which  he  in  his  lifetime 
ought  to  have  done.  Mr.  Drummond  has  no  means  of  ren- 
dering this  account;  but,  until  the  claim  is  set  at  rest,  the 
court  could  not,  of  course,  order  the  funds  forming  part  of 
Smithson's  estate  to  be  paid  over  to  the  United  States ;  as 
for  anything  that  appears  to  the  contrary,  the  greater  por- 
tion of  these  funds  might  have  arisen  from  the  property  of 
Colonel  Dickinson.  Our  object  now,  therefore,  is  to  induce 
Madame  de  la  Batut  to  come  in  and  establish  some  claim  in. 
the  present  suit,  (the  amount,  however,  of  which  we  seek, 
as  much  as  possible,  consistently  with  justice  to  reduce,)  so 
as  to  bind  her  by  the  present  suit,  and  make  it  conclusive 
upon  the  subject. 

Her  advisers  have  but  little  evidence  to  offer  in  support 
of  her  case,  and  have,  in  consequence,  very  much  delayed 
the  necessary  proceedings.  We  pressed  them  as  much  as 
possible,  and,  indeed,  threatened  to  bar  them,  by  getting 
the  master  to  report  against  them ;  but,  in  reply  to  this, 
they  intimated  that,  if  we  did  so,  they  should  give  notice  to 
Mr.  Drummond  to  hold  the  funds,  and  file  a  bill  against 
him,  as  executor  of  Smithson,  for  an  account.  As  this 


SMITHSONIAN   BEQUEST.  37 

"would  be  attended  with  more  delay  and  expense  than  it  is 
likely  there  will  be  in  the  present  proceedings  in  the 
master's  office,  we  are  induced  to  afford  every  indulgence, 
urging  only  all  possible  despatch,  which,  as,  fortunately, 
Madame  de  la  Batut's  solicitors  are  persons  of  the  highest 
.respectability,  we  are  sure  they  will  use. 

We  are  your  very  obedient  servants, 

CLARKE,  FYNMORE  &  FLADGATB. 
To  RICHARD  RUSH,  Esq. 


Richard  Rush  to  John  Forsyth. 

LONDON,  July  28,  1837. 

SIR  :  I  received  on  the  26th  instant,  from  our  minister, 
Mr.  Stevenson,  a  petition  addressed  to  the  President  by  M. 
de  la  Batut,  now  it  seems  in  France,  on  the  subject  of  his 
claims,  which  had  been  sent  to  Mr.  S.  by  Mr.  Anderson, 
charge  d'affaires  of  the  United  States  at  Paris.  The  nature 
of  these  claims  is  sufficiently  stated  in  my  letter  of  the  24th 
•of  last  month,  and  I  need  not  therefore  repeat  that,  accord- 
ing to  the  view  I  take  of  them,  they  are  altogether  unrea- 
sonable. In  writing  to  Mr.  Anderson  upon  the  subject, 
which  I  did  yesterday,  I  informed  him  that  Monsieur  de  la 
Batut  had  been  in  London,  urging  them  upon  those  who 
are  'charged  with  conducting  and  superintending  the  case 
of  the  United  States  before  the  court  of  chancery  in  the 
matter  of  the  Smithsonian  bequest,  and  that  our  Govern- 
ment had  been  apprized  of  them  through  my  communica- 
tions to  you ;  that  as  they  were  adverse  to  the  interests  of 
the  United  States,  and  had  been  pursued  in  an  adverse  man- 
ner by  M.  de  la  Batut  when  here,  it  was  not  for  me  to  aid 
in  transmitting  his  paper  to  the  President;  but  that,  as  he 
might  wish  to  have  it  again,  to  make  his  own  use  of  it,  I 
was  at  a  loss  how  to  dispose  of  it,  otherwise  than  by  return- 
ing it  to  him,  (Mr.  Anderson,)  which  I  therefore  felt  myself 
obliged  to  do,  with  the  explanation  here  given.  Mr.  Ander- 
son was  probably  not  before  acquainted  with  any  of  the 
circumstances  I  stated. 

I  have  deemed  it  right  to  inform  you  of  the  step  thus 
taken  in  regard  to  this  petition,  and  hope  it  will  appear  to 
.have  been  proper.  I  ought  to  mention,  whilst  on  the  sub- 


38  SMITHSONIAN   BEQUEST. 

ject,  that,  on  the  first  arrival  of  M.  de  la  Batut  in  London r 
I  caused  him  to  be  informed  that,  although  in  no  event  was- 
I  authorized  to  promise  him  anything  from  the  United 
States,  yet  if  he  promptly  afforded  the  facilities  to  their  suit 
in  chancery,  which  he  justly  might,  by  stating  facts  within 
his  immediate  and  full  knowledge  respecting  young  Hun- 
gerford,  he  would  naturally  stand  well  with  our  Govern- 
ment ;  and  that,  as  far  as  the  expression  of  any  favorable 
opinion  of  mine  towards  him  was  concerned,  he  would 
necessarily  earn  it.  Far  from  listening  to  what  was  so  unob- 
jectionable, he  refused,  as  made  known  in  one  of  the  letters 
enclosed  with  my  last,  to  give  any  evidence  whatever  for 
the  United  States,  except  on  condition  of  a  previous  pledge 
from  me  to  support  all  his  claims,  not  perceiving,  though  so 
informed  that  such  a  pledge,  had  I  even  made  it,  could  have 
availed  him  nothing. 

It  may  be  proper  to  mention  here,  also,  that  it  never  was 
my  intention,  and  so  I  instructed  our  professional  advisers, 
to  raise  any  captious  objections  to  Monsieur  la  Batut's  claim 
in  right  of  his  wife,  so  long  as  he  kept  it  within  the  limit  ot 
the  bequest  made  to  her  by  the  will  of  Henry  Louis  Dick- 
inson, as  explained  in  my  No.  6.  The  bequest  may  amount,, 
as  I  now  understand  the  case,  to  two  hundred  and  forty 
pounds  sterling  a  year,  at  the  utmost,  during  the  life  of  the 
-wife.  All  I  demanded  was,  that  this  claim  should  be  sub- 
stantiated by  fair  proof,  and  be  adjudged  by  the  court,  as  I 
had  no  authority  to  give  an  independent  assent  to  anything 
that  might  diminish  the  fund  bequeathed  to  the  United 
States  by  Mr.  Smithson. 

But  to  suggestions  like  these  he  was  alike  insensible,  pre- 
ferring to  take  the  course  and  put  forward  the  extravagant 
claims  I  have  described.  I  have  no  fears  that  the  court 
will  allow  them  ;  but  there  is  ground  for  apprehending  that 
he  may  be  able  to  cause  future,  as  he  has  past,  delays. 
There  is  no  hope  of  bringing  the  case  to  a  conclusion 
during  the  present  term  of  the  court.  It  ends  next  month, 
and  the  next  term  does  not  commence  until  November. 
The  master  in  chancery  has  not  yet  made  his  reports  on  any 
of  the  references  made  to  him  by  the  court,  as  explained  in 
my  No.  9,  although  I  have  urged  them  on  by  all  the  means 
I  could  use,  and  will  not  fail  to  continue  my  efforts  whilst 
the  present  term  lasts.  Had  it  not  been  for  the  obstructions 
created  by  Monsieur  de  la  Batut,  this  part  of  the  case  would 
have  been  expedited,  and  a  door  the  sooner  opened  by 


SMITHSONIAN    BEQUEST.  39 

which  the  United  States  might  have  got  possession  of  the 
fund. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

RICHARD  RUSH. 

Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Richard  Rush  to  John  Forsyth. 

LONDON,  August  1,  1837. 

SIR  :  I  transmit,  herewith,  a  copy  of  my  account  for  the 
year  ending  yesterday.  I  also  send  a  list  of  my  drafts  upon 
the  bankers  of  the  United  States  within  the  same  period, 
as  authorized  by  your  letter  to  the  late  N.  M.  de  Rothschild 
of  July  the  llth,  1836. 

The  only  bill  I  have  yet  paid,  because  the  only  one  I  have 
been  able  to  get  in,  for  legal  expenses  actually  incurred,  was 
one  of  two  hundred  pounds  four  shillings,  on  the  8th  of 
April,  as  shown  by  my  draft  upon  the  bankers  of  that  date. 
For  this  a  voucher  is  enclosed,  with  a  full  statement  of  the 
account.  More  expense,  considerably,  has  been  incurred 
under  this  head,  but  no  second  account  has  hitherto  been 
rendered  to  rne,  although  I  have  asked  for  and  been  desir- 
ous of  obtaining  it,  the  solicitors  saying  that  the  items 
going  to  make  it  up  are,  many  of  them,  still  dependent 
upon  services  outstanding  and  incomplete.  The  heaviest 
legal  expenses  will,  I  apprehend,  come  in  at  the  final  close 
of  the  suit.  When  this  will  be  I  dare  not  promise,  since 
none  of  our  professional  advisers  will  undertake  to  inform 
me  precisely,  although  none,  I  believe,  can  exceed  them  in 
diligence  and  fidelity,  and  although  they  are  urged  by  my 
reiterated  instructions  to  use  all  the  expedition  practicable. 
The  necessity  of  a  reform  in  the  court  of  chancery  was  the 
subject  of  a  special  recommendation  from  the  Throne  to 
Parliament,  at  the  session  before  the  last.  Its  business  is 
very  much  in  arrears.  Mr.  Pemberton,  the  leading  counsel 
of  the  United  States,  who  is  also  a  member  of  the  House  of 
Commons,  stated  in  his  place  in  that  body,  in  February  last, 
that  the  arrears  amounted  to  between  three  and  four  hun- 
dred cases  two  years  before,  but  that  they  had  grown  to  up- 
wards of  eight  hundred  at  the  time  he  was  speaking.  ^  The 
cases,  in  a  large  proportion,  are  also  of  great  magnitude. 


40  SMITHSONIAN    BEQUEST. 

The  Attorney  General  on  the  same  occasion  remarked,  that 
whilst  throughout  a  long  course  of  time  the  population  of 
England  had  been  increasing  six-fold,  and  her. wealth  twenty- 
fold,  the  judicial  establishments  had  remained  nearly  the 
same,  so  as  to  amount  almost  to  a  denial  of  justice.  There 
are  only  eleven  masters  in  chancery,  whilst  there  are  those 
who  tlnnk  that  double  the  number  would  scarcely  be  suffi- 
cient for  the  wants  of  the  court  in  all  the  different  depart- 
ments of  its  business  at  the  present  epoch.  In  the  midst  of 
such  discouragements,  and  I  am  bound  to  state  them  as  truly 
such,  I  still  do  not  despair  of  having  the  case  of  the  United 
States  brought  to  a  final  and  successful  close  in  the  course 
of  the  ensuing  winter  or  spring;  it  shall  be  sooner,  if  pos- 
sible, as  all  obstructions  that  might  once  have  been  thought 
to  imply  serious  difficulty  or  danger  are,  I  think,  overcome. 
Nevertheless,  no  assurance  can  be  given  that  it  will  be  fin- 
ished as  soon  as  the  latest  period  mentioned.  Should  it 
last  even  through  the  winter,  and  my  last  letter  will  have 
informed  you  that  the  next  term  of  the  court  (the  present 
drawing  to  a  close)  will  not  be  held  until  November,  there 
is  reason  to  believe  that  the  fund  created  by  the  act  of  Con- 
gress of  the  1st  of  July,  1836,  will,  through  the  accruing 
legal  charges  and  drafts,  to  which  the  fund  is  otherwise 
liable  under  your  instructions,  be  exhausted. 
.  In  regard  to  the  first  legal  account,  now  enclosed,  I  can 
only  say  that  I  believe  it  to  be  reasonable,  judged  by  the 
standard  of  similar  charges  in  this  country.  I  felt  myself 
to  be  an  incompetent  judge  of  all  the  minute  items,  filling 
fourteen  pages,  folio,  of  an  account  founded  upon  the  mul- 
tifarious and  artificial  proceedings  in  an  English  court  of 
chancery;  but  I  went  over  the  whole,  judging  as  well  as  I 
could  of  each,  and  obtained  explanations  from  the  solicitors 
where  I  found  them  necessary.  I  also  sought  other  aid;  I 
resorted  to  a  citizen  of  the  United  States  now  here,  intelli- 
gent and  trustworthy,  and  conversant  with  such  accounts, 
from  having  superintended  several  suits  in  which  American 
interests  were  at  stake  in  English  courts.  His  opinion  was 
decidedly  favorable  to  the  justice  and  even  general  modera- 
tion of  the  items,  tried  by  the  precedents  of  which  he  had 
knowledge.  These  precautions,  added  to  the  fair  character 
of  the  solicitors,  and  their  verification,  severally,  by  my  re- 
quest, of  the  whole  account,  in  the  special  manner  that  will 
be  noticed  at  the  foot  of  it,  afforded  the  only  guarantees  I 
could  command  for  its  correctness. 


SMITHSONIAN    BEQUEST.  41 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

RICHARD  RUSH. 
Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Clarke,  Fynmore  $>  Fladgate  to  Richard  Rush. 

43  CRAVEN  STREET,  August  18,  1837. 

DEAR  SIR  :  The  court  having  now  risen  for  the  long 
-vacation,  we  deem  it  our  duty  to  report  to  you  briefly  the 
state  of  the  cause  to  which  the  President  of  the  United 
States  and  Mr.  Drurnmond  are  parties,  instituted'  for  the 
purpose  of  enabling  the  President  to  receive  the  legacy 
-given  by  the  will  of  Mr.  Smithson. 

Pursuant  to  your  constant  instructions  to  bring  the 
matter  to  a  termination  with  all  practicable  despatch,  we 
have  been  actively  occupied  in  satisfying  the  inquiries  di- 
rected to  be  made  by  the  decree  of  the  1st  of  February 
last;  and,  although  the  master's  report  touching  these  in- 
quires is  not  yet  made,  we  have  been  so  far  successful  as  to 
induce  us  to  hope  that  we  should  satisfy  him  upon  all 
points,  and  obtain  early  in  the  next  term,  such  a  report  as 
will  ensure  the  speedy  receipt  by  you,  on  behalf  of  the 
President,  of  the  funds  in  question. 

You  will  remember  that  these  inquiries  were  three-fold. 

1.  As  to  Fitall,  the  annuitant  under  the  will  of  Smithson. 

2.  As  to  Hungerford's  death,  unmarried  and  without  issue. 

3.  As  to  the  alleged  claim  of  Madame  de  la  Batut. 

On  the  first  point  we  have  no  difficulty,  having  obtained 
a  certificate  of  the  death  of  Fitall,  whose  annuity  was  paid 
up  to  the  time  of  his  death,  except  only  the  last  quarter, 
which  his  widow  will  now  receive. 

2.  As  to  Hungerford's  death  without  issue,  we  have 
obtained  a  certificate  of  the  death  of  one  Henri  de  la  Batut, 
under  which  name  we  found  that  he  had  died ;  and  we 
have  also  obtained  a  certificate,  identifying  de  la  Batut  with 
Henry  James  Hungerford.  We  have,  as  directed  by  the 
decree,  advertised  in  the  newspapers  here,  in  France,  and 
in  Italy,  touching  any  wife  and  children;  and  these  adver- 
itisements  have  produced  no  claimants.  We  have  obtained 
from  France  other  confirmatory  evidence  on  these  points ; 
amongst  the  rest,  Monsieur  de  la  Batut's  statement,  (which 


42  SMITHSONIAN   BEQUEST. 

however,  you  will  remember  he  refused  to  confirm  on 
oath ;)  and  we  have  little  doubt,  as  above  observed,  that  the- 
evidence  obtained  will  be  such  as  to  satisfy  the  master  upon, 
the  subject. 

These  inquiries  have  of  course  consumed  much  time,  but 
we  should  have  had  the  report  before  this,  had  it  not  been 
for  the  remaining  point,  the  claim  of  Madame  de  la  Batut. 
As  stated  in  our  letter  addressed  to  you  on  the  22d  of  July, 
it  is  most  important  that  the  claim  should  be  disposed  of  in 
the  present  suit ;  and  we  are  happy  to  say  that  the  claim 
has  now  been  formally  made,  and,  we  trust,'in  such  a  shape 
as  will,  if  it  be  sustained  by  the  court  at  all,  bar  any 
ulterior  proceedings.  The  evidence  in  support  of  it  is  not 
strong,  and,  for  the  purpose  of  strengthening  it,  interroga- 
tories for  the  examination  of  Mr.  Drummond  have  been 
brought  into  the  master's  office ;  which,  however,  will  not 
have  the  desired  effect.  These  interrogatories  were  exhib- 
ited by  Madame  de  la  Batut,  after  much  pressing  on  our 
parts,  and  we  are  now  employed  in  answering  them.  Hav- 
ing done  that,  we  shall  proceed  to  get  the  claim  settled,  if 
possible,  by  the  allowance  of  some  small  sum,  and  every 
difficulty  will  then  be  at  an  end. 

You  may  rely  on  our  utmost  exertions  in  bringing  the 
matter  to  a  close ;  and  we  are, 

Your  very  obedient  servants, 

CLARKE,  FYNMORE  &  FLADGATE. 

To  RICHARD  RUSH,  Esq. 


Richard  Rush  to  John  Forsyth. 

LONDON,  August  19,  1837. 

SIR  :  Desiring,  before  the  court  of  chancery  rose,  some 
opinion  in  writing  from  the  solicitors  as  to  the  prospects  of 
a  decision  of  the  case,  I  addressed  a  few  lines  to  them  on 
the  21st  of  last  month,  as  by  enclosure  No.  1,  and  received 
an  answer  the  day  following,  a  copy  of  which  (No.  2)  is 
also  enclosed.  I  did  not  send  it  to  you  at  that  time,  or  with 
either  of  my  letters  written  since,  because,  although  I  went 
to  them  in  person  several  times,  in  the  hope  of  verbal  ex- 
planations that  might  render  it  more  definite,  I  found  that 
there  was  no  probability  of  obtaining  any  to  that  effect 
until  after  the  court  had  actually  risen,  at  which  time  I  re- 


SMITHSONIAN    BEQUEST.  4& 

quested  they  would  furnish  me  with  a  further  communica- 
tion. The  court  rose  a  few  days  ago,  and  I  yesterday  re- 
ceived from  them  the  report,  a  copy  of  which  (No.  3)  is  now 
also  transmitted,  as  the  suitable  accompaniment  to  their 
letter  of  the  22d  of  July. 

I  am  happy  to  find  it  more  satisfactory  than  that  letter ; 
the  letter  left  it  doubtful  when  the  obstructing  claim  of 
Madame  de  la  Batut,  an  outline  of  which  is  given  in  their 
letter,  would  be  put  into  a  proper  shape  for  examination 
and  settlement.  Nor  could  I  urge  any  longer  the  expedi- 
ency of  a  report  by  the  master,  during  the  existence  of  the 
term,  under  reiterated  assurances  from  our  solicitors  of 
what  is  stated  in  their  letter,  viz :  that  to  do  so  might  have 
led  to  a  course,  on  the  part  of  the  solicitors  of  Madame  de 
la  Batut,  productive  of  more  delay  and  expense  than  are 
likely  to  How  from  the  master's  report  being  withheld 
until  the  next  term. 

The  solicitors'  report  to  me,  dated  yesterday,  besides  im- 
bodying  a  succinct  statement  of  the  steps  taken  in  the 
cause  since  the  decree  in  February,  shows  that  the  la  Batut 
claim  is  at  length  placed  upon  a  footing  to  be  met  and  de- 
cided upon  by  the  court,  which  it  has  been  my  constant 
aim  to  see  effected  ;  and  although  they  write  with  caution 
as  to  any  precise  time  when  a  final  and  favorable  decision 
of  the  cause  on  all  its  points  may  be  expected,  their  report 
is  encouraging.  I  can  only  add,  that  nothing  shall  be 
omitted  by  me  when  the  court  recommences,  or  during  the 
vacation,  towards  securing  as  prompt  an  issue  to  the  whole 
proceedings  as  may  be  found  practicable. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Richard  Rush  to  John  Forsyth. 

LONDON,  October  18,  1837. 

SIR:    Since   transmitting  the  duplicate   of  my   No.^l5T 
nothing  material  has  occurred  for  your  information, 
long  autumnal  vacation  has  been  going  on,  and  is  not  yet 
expired.     The  business  of  the  court  of  chancery  has  there- 


44  SMITHSONIAN   EEQUEST. 

fore  been  at  a  pause,  and  no  further  proceedings  have  been 
had  in  the  suit  of  the  United  States. 

But  I  have  from  time  to  time  called  upon  the  solicitors, 
^nd  am  able  to  report  that  they  have  not  been  idle  during 
this  interval.  They  have  been  emplo}Ted  in  preparing  an- 
swers to  certain  interrogatories  exhibited  on  the  part  of 
Madame  la  Batut,  with  a  view  to  establish  her  claim ;  and 
the  strict  and  careful  inquires  they  have  instituted,  and 
will  continue  to  pursue,  assure  me,  although  no  facts  are 
yet  ripe  for  communication,  that  the  interest  of  the  United 
States  will  be  well  guarded  in  relation  to  it.  The  court 
will  sit  again  next  month,  when  the  steps  which  the  solic- 
itors have  been  taking,  in  anticipation  of  its  recommence- 
ment, will  in  due  time,  I  trust,  be  productive  of  the  proper 
results.  The  claim  in  question  has  been  so  vexatiously 
urged,  that  my  directions  have  been  given  for  the  closest 
scrutiny  into  its  merits  at  all  points. 

I  have  the  honor  to   remain,  with  great  respect,  your 
•obedient  servant, 

KICHARD  RUSH. 

The  Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Richard  Rash  to  John  Forsyth. 

LONDON,  October  27,  1837. 

SIR  :  The  court  of  chancery  will  resume  its  sittings  next 
week,  and  I  have  this  week  been  in  conference  with  our 
solicitors,  urging  them  to  act  expeditiously.  Evidence 
obtained  on  the  la  Batut  claim,  and  on  other  points,  now 
only  waits  a  few  forms  to  go  before  the  master,  from  whose 
office  a  report  may  be  anticipated,  as  I  am  confidently  told, 
.at  a  day  not  distant  after  the  meeting  of  the  court.  I  trust 
that  this  will  be  the  case,  and  that  the  report  may  be  satis- 
factory. 

At  our  conferences,  the  point  of  a  new  powef  to  me  from 
the  President,  similar  to  my  former  one,  has  been  touched 
upon,  it  is  not  considered  certain  that  one  will  be  required  ; 
but  is  deemed  to  be  safest,  1  find,  that  I  should  be  armed 
with  one,  as  the  court  might  possibly  ask  for  it,  in  the 
.event  of  a  favorable  decree,  prior  to  the  final  order  for  de- 
livering the  fund  to  the  United  States,  even  should  the 
•defendant's  counsel  or  the  Attorney  General  not  raise  the 


SMITHSONIAN,  BEQUEST.  45. 

objection.  I  will  therefore  ask  the  favor  of  such  a  power; 
and  as  I  am  at  present  sanguine  in  the  expectation  of  a 
favorable  as  well  as  early  decision,  should  nothing  unforeseen 
arise,  its  transmission  as  soon  as  convenient  after  this  re~ 
quest  gets  to  hand  might  prove  desirable. 

I  have  the  honor  to  remain,  with  great   respect,  your 
obedient  servant. 

RICHARD  RUSH. 
The  Hon.  JOHN  FORSYTE,  Secretary  pf  State. 


John  Forsyth  to  Richard  Rush. 

DEPARTMENT  OF  STATE,  November  13,  1837. 

SIR  :  The  account  heretofore  rendered  by  Mr.  Brent,  our 
consul  at  Paris,  for  moneys  expended  by  him  in  precaution- 
ary measures  to  obtain  for  the  United  States  certain  prop- 
erty supposed  to  belong  to  the  estate  of  the  late  Mr.  Smith- 
son,  of  London,  and  which  formed  the  subject  of  a  letter  of 
instructions  to  you,  dated  the  17th  of  November  last,  has 
been  again  presented  to  this  Department  for  consideration. 
After  a  proper  examination,  the  President  deems  it  just 
that  the  charge  for  the  professional  services  of  Messrs.  Cas- 
taignet  and  Delagrange  should  be  allowed  and  paid.  You 
are  accordingly  authorized  and  requested  to  discharge  Mr. 
Brent's  bill  amounting  to  272.25  francs,  without  unnecessary 
delay.  In  the  final  settlement  of  your  account,  this  item 
may  be  debited  to  the  Smithsonian  legacy,  if  recovered,  and 
if  not,  to  the  appropriation  for  prosecuting  the  claim  of  the 
United  States  to  the  said  legacy. 

I  am,  sir,  your  obedient  servant, 

JOHN  FORSYTH. 

RICHARD  RUSH,  Esq.,  &c. 


Richard  Rush  to  John  Forsyth. 

LONDON,  December  16,  1837. 

SIR  :  The  court  of  chancery  met  on  the  2d  of  last  month, 
and  continues  in  full  session.  It  was  the  commencement 
of  the  Michaelmas  term. 

If  I  have  not  written  to  you  since  the   sittings   of  the 


46  SMITHSONIAN    BEQUEST. 

•court  were  resumed,  it  is  because  I  have  had,  heretofore,  no 
special  matter  to  communicate,  although  doing  all  in  my 
power  to  accelerate  the  progress  of  the  suit  committed  to 
my  superintendence,  and  endeavoring  especially  to  hasten 
the  report  of  the  master  on  all  the  matters  referred  to  him 
by  the  court's  decree  of  the  1st  of  February.  I  mentioned 
in  one  of  my  letters  that  there  were  upwards  of  eight  hun- 
dred suits  in  arrear  in  this  court,  some  of  which  it  might 
have  been  added  involve  in  their  issue  sums  exceeding  in 
amount  the  sum  claimed  by  the  United  States.  From  this 
cause,  which  naturally  overburdens  with  business  the  offices 
of  the  masters,  it  has  in  part  arisen  that  the  master's  report 
in  the  suit  of  the  United  States  has  not  hitherto  been  made. 

But  at  length,  this  week,  it  was  in  readiness  to  go  in,  and 
ivoukl  have  embraced  among  other  things  a  favorable  report 
on  the  claim  of  Madame  la  Batut,  to  the  amount  of  about 
one  hundred  and  fifty  pounds  a  year,  to  be  paid  to  her  out 
of  the  Smithsonian  fund  during  her  life.  It  will  be  seen 
how  large  a  reduction  lias  thus  been  effected  of  the  demands 
put  forth  on  her  behalf,  as  my  past  letters  have  made  them 
all  known  to  you.  Our  solicitors  have  rather  a  confident 
opinion  that  there  is  a  prospect  of  disproving  this  demand 
by  further  evidence  yet  attainable  in  France,  and  I  have 
consequently  directed  them  to  take  the  proper  steps  for  pro- 
curing it  with  all  despatch.  It  is  not  believed  that  more 
than  a  month  will  be  required  for  procuring  it,  and  the 
master's  report  will  be  withheld  in  the  mean  time.  When 
it  arrives,  it  will  be  my  province  to  look  well  to  its  nature 
and  probable  effect,  that1  on  the  one  hand  nothing  may  be 
lost  to  which  the  United  States  may  seem  justly  entitled, 
and  on  the  other  that  the  great  result  of  the  suit  be  not  put 
in  jeopardy,  or  injurious  delays  risked,  by  doubtful  contests 
for  fractional  sums. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Richard  Rush  to  John  Forsyth. 

LONDON,  December  21,  1837. 

I  had  the  honor  to  receive  on  the  18th  inst.  your  in- 
structions of  the  13th  of  November,  authorizing  and  re- 


SMITHSONIAN   BEQUEST.  47 

questing  me  to  pay  an  account  amounting  to  frs.  272 r255^, 
forwarded  to  the  Department  by  Mr.  Brent,  our  consul  at 
Paris,  the  subject-matter  of  which  was  formerly  made 
known  to  me  in  your  letter  of  the  17th  of  November,  1836, 
to  which  I  replied  in  my  No.  6,  on  the  9th  of  January  fol- 
lowing ;  and  I  beg  leave  to  say,  that  on  the  19th  instant  I 
.accordingly  remitted  to  Mr.  Brent  the  above  sum,  to  be 
•debited,  as  your  letter  indicates,  to  the  Smithsonian  legacy, 
jf  recovered,  *  *  *  and  if  not,  to  the  appropriation 
for  prosecuting  the  claim  of  the  United  States  to  the  said 
legacy. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 


John  Forsyth  to  Richard  Rush. 

DEPARTMENT  OF  STATE,  December  27,  1837. 
SIR  :  Your  despatches  to  No.  17,  inclusive,  have  been  re- 
ceived.    In  compliance  with  the  request  contained  in  your 
letter  of  the  27th  of  October  last,  and  subsequently  urged 
in  your  private  letter  of  the  31st  of  the  same  month,  I 
transmit  to  you,  enclosed,  a  new  power  from  the  President 
to  provide  for  the  contingency,  which  you  think  probable, 
of  such  instrument  being  demanded  either  by  the  court,  the 
Attorney  General,  or  the  defendant's  counsel. 
I  am,  sir,  your  obedient  servant, 

JOHN  FORSYTH. 
RICHARD  RUSH,  Esq.,  &c. 


Richard  Rash  to  John  Forsyth. 

LONDON,  January  30,  1838. 

SIR  :  I  had  yesterday  the  honor  to  receive  your  letter  of 
the  27th  December,  enclosing  the  President's  renewal  of 
ray  power  to  prosecute  the  Smithsonian  claim,  and  receive 
the  money  for  the  United  States  whenever  the  same  may  be 
.adjudged.  It  remains  uncertain,  as  intimated  in  my  com- 
munication of  the  27th  of  October,  whether  the  exhibition  of 
the  new  power  will  be  eventually  demanded;  but  even  if 


48  SMITHSONIAN    BEQUEST. 

not,  I  trust  the  President  will  think  it  has  been  erring  on' 
the  safe  side,  after  what  passed,  to  have  it  in  my  possession. 

After  my  letter  of  the  16th  of  December,  I  had  fully 
hoped  that  the  evidence  of  which  it  makes  mention  would 
have  been  obtained  from  France  before  this  time ;  but  it 
seems  that  the  French  attorneys,  who  were  written  to  upon 
the  subject  by  our  solicitors,  mistook  some  of  their  instruc- 
tions at  first,  which  led  to  delay.  They  are  now  in  expec- 
tation of  receiving  it  daily. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Richard  Rush  to  Clarke,  Fynmore  £  Fladgate. 

February  3,  1838. 

GENTLEMEN  :  I  understood,  when  with  you  on  Wednes- 
day, that  the  evidence  obtained  from  France  would  not,  in 
your  opinion,  be  found  sufficient  to  prevent  the  master^ 
report  embracing  an  allowance  in  Madame  de  la  Batut'a 
favor  of  about  one  hundred  and  fifty  pounds  a  year  during 
her  life,  with  some  arrearages  calculated  on  that  basis;  and 
the  evidence,  as  you  exhibited  and  otherwise  made  it  known 
to  me,  certainly  led  my  mind  to  the  same  conclusion. 

You  added  that,  by  sending  out  a  commission  from  the 
court  of  chancery  to  Paris,  (a  process  not  yet  resorted  to,) 
you  thought  that  evidence  might  still  be  obtained  to  defeat 
her  claim ;  on  which  subject  I  should  be  glad  to  receive  an- 
swers to  the  following  inquiries,  as  far  as  in  your  power  to 
give  them  to  me : 

1st.  What  would  be  the  probable  expense  of  that  process? 

2d.  How  long  before  its  full  execution  and  return  might 
be  expected  ? 

3d.  Assuming  that  the  evidence,  when  so  obtained,  struck 
your  minds,  our  counsel's,  and  my  own,  as  sufficient  to  de- 
feat the  claim ;  yet  as  it  might  not  happen  that  the  legal 
advisers  of  Madame  de  la  Batut  would  take  the  same  view 
of  it,  and  thence  contest  its  validity  before  the  court,  what 
further  delays  might  such  a  turn  in  the  case  be  likely,  under 
all  the  circumstances,  to  lead  to  ? 

As  I  have  so  repeatedly  made  known  to  you  my  desire- 


SMITHSONIAN    BEQUEST.  49 

for  the  speediest  decision  of  the  case  that  may  be  practica- 
ble consistently  with  justice  to  the  United  States,  I  make  no 
apology  for  asking  a  reply  to  these  inquiries  at  as  early  a 
day  as  may  be  convenient. 

I  remain  your  obedient  servant, 

RICHARD  RUSH. 
To  Messrs.  CLARKE,  FYNMORE  &  FLADGATE. 


Clarke,  Fynmore  £  Fladgate  to  Richard  Rush. 

43  CRAVEN-STREET,  STRAND, 

February  8,  1838. 

DEAR  SIR  :  We  have  to  acknowledge  the  receipt  of  your 
favor  of  the  3d  instant,  containing  certain  queries  touching 
the  measures  which  may  be  adopted  in  respect  of  the  claim 
of  Madame  de  la  Batut. 

In  reply,  we  beg  to  state  that,  so  long  as  proceedings  in 
the  English  court  of  chancery  are  conducted  as  amicable 
suits,  when  both  parties  unite  in  a  wish  to  obtain  the  direc- 
tion of  the  court,  without  unnecessary  delay,  it  is  a  matter 
of  no  great  difficulty  to  calculate  their  probable  duration; 
but  circumstances  sometimes  arise,  even  in  such  suits,  that 
prove  the  calculations  fallacious.  When  once,  however,  a 
suit  ceases  to  be  so  conducted,  and  parties  come  in  whose  in- 
terest it  is  to  throw  impediments  in  the  way  of  a  decision, 
any  calculation  as  to  either  delay  or  expense  must  be  a  mat- 
ter of  little  better  than  guess.  So  many  unforeseen  points 
may  arise,  and  the  practice  of  the  courts  affords  such  facil- 
ities for  a  hostile  party  to  obstruct  the  course  of  justice, 
that  the  most  experienced  lawyers  hesitate  before  they 
attempt  to  give  an  opinion  upon  the  subject.  If  in  the 
present  case  Madame  de  la  Batut's  claim  be  further  resisted, 
the  suit  will  become  one  to  which  these  observations  apply; 
or  Madame  de  la  Batut  might  perhaps  abandon  the  claim 
now  brought  in,  and  try  to  impede  us  by  filing  an  original 
bill  for  its  establishment.  We  do  not  think  this  likely,  but 
it  is  not  impossible. 

Having  said  thus  much,  we  will  proceed  to  answer  the 
queries. 

We  think  that  within  three  months  evidence  might  be 
obtained  of  the  facts  necessary  to  defeat  Madame  de  la 


50  SMITHSONIAN    BEQUEST. 

Batut's  claim,  and  that  such  evidence  might  be  procured 
either  by  sending  over  a  commission  to  Pans,  for  the  exam- 
ination of  witnesses,  or  by  bringing  interrogatories  into  the 
master's  office  for  the  personal  examination  of  Madame  de 
la  Batut  and  her  husband.  We  now  know  so  much  of  the 
case  that  Madame  de  la  Batut  would  hardly  venture  to  deny 
any  of  the  necessary  facts ;  but  this  is  not  quite  certain. 

We  think  that  the  expense  of  a  commission  to  examine 
witnesses  would  not  exceed  £150.  The  expense  of  inter- 
rogatories for  the  examination  of  Madame  de  la  Batut 
would  be  trifling;  probably  thirty  or  forty  pounds. 

Assuming  that  the  requisite  evidence  were  obtained,  we 
are  inclined  to  think  that,  notwithstanding  Madame  dc  la 
Batut's  resistance,  the  suit  might  be  wound  up  before  the 
rising  of  the  court  for  the  long  vacation;  but,  after  the  ob- 
servations we  have  thought  it  our  duty  to  make  in  the  early 
part  of  this  letter,  you  will  be  able  to  judge  how  far  this 
opinion  can  be  relied  on. 

You  will  bear  in  mind  that  the  decision  of  the  master  is 
not  final.  Exceptions  may  be  taken  to  his  report,  and  ar- 
gued before  the  court ;  and  even  an  appeal  may  be  brought, 
against  the  decision  of  the  vice-chancellor,  or  master  of  the 
rolls,  and  the  cause  might  be  taken  to  the  House  of  Lords. 
The  delay  under  such  circumstances  would  be  very  great. 

We  are  your  very  faithful  and  obedient  servants, 

CLARKE,  FYNMOKE  &  FLADGATE. 

KICHARD  RUSH,  Esq. 


Richard  Rush  to  Clarke,  Fynmore  $  Fladgate. 

February  9,  1838. 

GENTLEMEN  :  Your  communication  of  yesterday's  date 
was  received,  and  is  satisfactory  by  its  fulness  and  candor. 

Under  its  representations,  I  determine  not  to  seek  further 
evidence,  by  a  commission  to  Paris  or  otherwise,  for  the 
purpose  of  further  reducing  the  claim  of  Madame  de  la 
Batut. 

Let  the  master's  report  in  this  respect  be,  therefore,  made 
in  the  state  I  understood  it  to  have  been  settled  by  him ; 
and,  now  that  I  take  this  determination,  I  trust  that  it  will 
be  made  at  a  very  early  day. 

I  need  scarcely  reiterate  to  you  my  most  earnest  wishes 


SMITHSONIAN    BEQUEST.  51 

for  a  speedy  decision  of  the  case,  or  my  instructions  that 
jou  will  urge  it  on  with  all  the  expedition  in  your  power. 

In  the  hope  that  the  decision  will  be  in  all  things  favor- 
able, as  well  as  speedy,  I  remain  your  faithful  and  obedient 
.servant, 

RICHARD  RUSH. 

To  Messrs.  CLARKE,  FYNMORE  &  FLADGATE. 


Richard  Rush  to  John  Forsyth. 

LONDON,  February  12,  1838. 

SIR  :  The  day  after  my  last  number  was  sent  off,  I  received 
information  from  the  solicitors  that  some  of  the  evidence 
expected  from  France  had  arrived,  but  that  it  was  not  of 
validity  to  repel  the  claim  of  Madame  de  la  Batut.  From 
as  much,  however,  as  it  disclosed,  they  pronounced  a  strong 
opinion  that  if  a  formal  commission  issued  from  the  court, 
evidence  might  finally  be  had  that  would  defeat  it. 

On  fully  weighing  what  they  said,  I  wrote  them  a  note 
on  the  3d  instant,  requesting  answers  to  the  following 
inquiries : 

1.  What  would  be  the  probable  expense  of  a  commission  ? 

2.  How  much  time  would  be  required  for  its  execution 
and  return  ? 

3.  Supposing  the  evidence  obtained  under  it  to  be  suffi- 
cient in  their  opinion,  our  counsel's,  and  my  own,  to  defeat 
the  claim ;  yet,  as  the  legal  advisers  of  Madame  de  la  Batut 
might  not  take  the  same  view  of  it,  and  thence  contest  it, 
what  further  delays  might  such  a  turn  in  the  case  become 
the  means  of  producing  ?     (I  enclose  a  copy  of  my  note.) 

I  received  an  answer  from  them  dated  the  8th,  a  copy  of 
which  is  also  enclosed. 

Referring  specifically  to  my  inquiries,  it  will  be  seen — 

1.  That  they  estimate  the  expense  of  a  commission  at  one 
liundred  and  fifty  pounds. 

2.  That  they  think  it  might  be  executed  and  returned 
within  three  months. 

3.  That,  assuming  the  requisite  evidence  to  be  obtained, 
they  incline  to  think  the  suit  might  be  wound  up  before  the 
rising  of  the  court  for  the  long  vacation,  (which  means  in 
August  next;)  but  after  the  introductory  observations  of 
their  note,  which  advert  to  the  uncertainty  of  all  previous 


52  SMITHSONIAN    BEQUEST. 

calculations  as  to  the  duration  of  suits  in  chancery,  they 
leave  me  to  judge  how  far  this  opinion  of  theirs  is  to  be 
relied  upon;  and  they  conclude  with  an  intimation  that  the 
case  might,  in  the  end,  be  taken  before  the  House  of  Lords 
on  appeal ;  in  which  event  the  delay,  they  add,  would  be 
"  very  great." 

I  have  determined,  under  these  circumstances,  not  to 
seek  further  evidence  by  a  commission  to  France  or  other- 
wise for  defeating  the  claim,  and  accordingly  wrote  to 
them,  on  the  9th  instant,  to  proceed  with  all  expedition  in 
bringing  the  suit  to  a  close  without  it.  A  copy  of  this  note 
is  also  enclosed.  As  to  bringing  interrogatories  into  the 
master's  office  for  the  personal  examination  of  Madame  de 
la  Batut  and  her  husband,  as  adverted  to  in  the  answer 
from  the  solicitors,  I  say  nothing  of  the  objections  to  that 
mode  of  getting  at  more  evidence,  the  solicitors  themselves 
forestalling  me  by  an  admission  that  they  could  not  be  cer- 
tain of  its  success. 

I  hope  that  the  determination  to  which  I  have  come  will 
be  approved  as  judicious.  This  claim  has  been  already,  by 
full  scrutiny  and  resistance,  greatly  cut  down  from  its  origi- 
nal injustice  and  extravagance,  as  a  reference  to  my  No.  12, 
of  the  24th  of  last  June,  will  show.  That  it  might  be 
wholly  defeated  by  going  on  to  pursue  measures  within  our 
power,  I  incline  to  believe.  The  solicitors  tell  me  that 
they  think  so  decidedly,  and  their  letter  is  to  the  same 
effect.  But  it  is  now  necessary  to  balance  the  advantage  to 
be  gained  by  doing  so  against  the  time  and  money  it  would 
cost.  The  report  in  favor  of  the  claimant,  as  the  master 
has  determined  to  make  it  in  the  state  of  the  evidence  as  now 
before  him,  will  not,  by  the  information  I  have  received  and 
heretofore  communicated,  be  likely  to  exceed  one  hundred 
and  fifty  pounds  a  year,  payable  during  her  life;  to  which 
will  have  to  be  added  a  few  years  of  arrears,  calculated  on 
the  basis  of  whatever  may  be  the  precise  amount  of  the  annu- 
ity allowed.  The  claimant,  as  far  as  I  can  learn,  is  about  sixty 
years  old.  Hence,  supposing  that  measures  necessary  for 
the  total  defeat  of  her  claim  occupied  only  another  twelve- 
month, it  seems  probable  that  the  very  cost  of  the  agency 
for  going  on  with  them,  added  to  all  unforeseen  legal  fees 
and  expenses,  might  prove  more  than  the  annuity  is  worth. 
That  the  suit  would  be  lengthened  out  another  twelvemonth 
by  going  into  the  measures  in  question,  can  scarcely,  I  think 
be  deemed  a  strained  inference,  from  all  that  the  solicitors- 


SMITHSONIAN    BEQUEST.  53 

say  in  their  letter,  not  to  dwell  upon  contingencies  coming 
within  its  scope  that  might  make  the  time  longer.  Shouloi 
the  suit  reach  the  House  of  Lords,  for  example,  by  appeal, 
it  would  not  be  easy  to  assign  a  limit  to  its  duration. 

I  trust,  therefore,  it  will  be  thought  that  I  exercise  a 
proper  discretion,  as  representing  the  interests  of  the  United 
States,  in  determining  not  to  expose  myself  to  any  of  these 
hazards,  and  new  ones  that  might  even  chance  to  spring 
out  of  them  as  time  was  opened  for  their  operation.  It 
seems  to  me,  conclusively,  that  I  should  henceforth  rather 
strive  to  obtain  a  decision  of  their  suit  as  speedily  as  possi- 
ble, regardless  of  the  small  and  temporary  diminution  of 
the  fund,  should  it  be  finally  adjudged  in  their  favor,  which 
the  foregoing  payments  to  Madame  de  la  Batut  would  occa- 
sion. Opposition  has  been  effectively  made  to  the  claim 
up  to  the  point,  it  is  believed,  that  duty  enjoined  and  pru- 
dence would  sanction  ;  to  go  farther  seems  not  reconcilable 
with  the  latter,  under  the  certain  and  contingent  delays  and 
dangers  I  set  forth. 

The  occasion  may  be  a  fit  one  for  remarking,  that  when 
this  claim  first  assumed  a  vexatious  aspect  last  summer,  my 
immediate  wish  and  suggestions  were  to  get  a  decree  in 
favor  of  the  United  States  for  the  general  fund,  leaving 
such  fractional  portion  of  it  sub  judice  as  would  have  been 
sufficient  to  satisfy  the  claim  if  established ;  thus  cutting 
short  delay  from  this  source,  by  which  this  agency  might 
have  had  the  chance  to  be  closed  the  sooner,  and  the  bulk 
of  the  fund  secured  to  the  United  States  at  the  earliest 
possible  day.  The  last  I  hold  an  object  of  pressing  im- 
portance, encompassed,  as  all  law  suits  more  or  less  are,  (to 
say  nothing  of  the  peculiar  nature  of  this,)  by  hidden  risks. 
But  it  was  part  of  the  vexation  of  the  claim  that  our  legal 
advisers  found  the  course  I  desired  to  pursue  impracticable, 
for  the  reason  mentioned  in  the  letter  of  the  solicitors  of 
the  22d  of  July,  a  copy  of  which  was  forwarded  with  my 
No.  15  on  the  19th  of  August. 

Now  that  this  obstruction  is  removed  from  my  path  by 
the  determination  I  have  taken  in  regard  to  it,  I  indulge 
the  hope  that  no  new  one  will  be  thrown  across  it ;  and  can 
only  repeat  the  assurance,  that  nothing  within  my  power 
shall  be  left  undone  towards  accelerating  the  suit,  anxiously 
desiring,  on  all  public  and  personal  accounts,  (if  I  may 
speak  in  the  latter  sense,)  to  sec  it  terminated. 

In  the  continued  hope  that  the  decision,  when  it  comes, 


54  SMITHSONIAN    BEQUEST. 

may  be  favorable,  I  have  the  hoiior  to  remain,  with  great 
respect,  your  obedient  servant, 

EICHARD  RUSH. 
The  Hon,  JOHN  FORSYTE,  Secretary  of  State. 


S.  Pleasanton  to  John  Forsyth. 

TREASURY  DEPARTMENT, 
FIFTH  AUDITOR'S  OFFICE,  March  14,  1838. 
SIR  :  In  repl}7  to  your  letter  of  this  morning,  I  have  the 
honor  to  inform  you  that  the  amount  of  the  appropriation 
made  by  the  act  of   Congress  of  July  1,  1836,  for  the  ex- 
penses of  prosecuting  the  claim  of  the  United  States  to  the 
Smithsonian  legacy,  was  remitted  to  their  bankers  in  Lon- 
don, on  the  16th  of  the  same  month — §10,000. 

Of  which  sum  the  said  bankers  have  paid  to  the  order  of  Rich- 
ard Rush,  the  agent  appointed  under  that  act,  from  1st  August, 

1836,  to  31st  December,  1837 $8,493  11 

Applied  as  follows,  viz: 

Agent's  salary  for  one  year,  ending  31st  July,  1837—  $3,000  00 

Personal  and  other  expenses  (excepting  law  expenses) 
same  period 2,000  00 

Paid  Clarke,  Fynmore  &  Fladgate,  solicitors,  at  Lon- 
don, for  various  professional  services  in  relation  to 
the  legacy 889  77 

Credited  to  Mr.  Rush  on  accounts  rendered  by  him $5,889  77 

At  the  above  rates  of  salary  and  expenses,  the  agent 
will  be  entitled  to  credit  up  to  31st  December,  1837, 
exclusive  of  law  expenses  for  one  half  year,  ending 

with  that  date 2,500  00 

8,389  77 


Leaving  a  balance,  to  be  accounted  for  by  him,  of $103  34 


The  balance  remaining  unexpended  by  the  bankers,  of 
the  appropriation  in  question,  on  the  31st  of  December  last, 
was,  as  will  be  perceived  from  the  above  statement, 


I  have  the  honor  to  be,  very  respectfully,  sir,  your  obedi- 
ent  servant, 

S.  PLEASONTON. 
Hon.  JOHN  FORSYTE,  Secretary  of  State. 


SMITHSONIAN    BEQUEST.  55 

Eichard  Rush  to  John  Forsyth. 

LONDON,  March  28,  1838. 

SIR  :  Since  the  date  of  my  last  letter,  the  report  of  the 
master  has  been  duly  made,  and  yesterday  it  was  confirmed. 

This  is  a  step  forward  in  the  case  which  I  am  at  length 
happy  to  announce.  It  is  second  in  importance  only  to  the 
decree  of  the  court  on  the  whole  merits,  and  has  laid  the 
best  foundation  for  speedily  obtaining  that  decree. 

The  precise  sum  that  the  report  allows  to  Madame  de  la 
Batut  is  one  hundred  and  fifty  pounds  and  nine  shillings,  to 
be  paid  to  her  annually  during  her  life,  with  a  payment  of 
arrears,  to  be  calculated  on  this  basis,  from  some  period  in 
1834 ;  the  exact  date  of  which  I  have  not  at  this  moment, 
but  will  mention  when  I  next  write. 

The  court  takes  a  recess  next  week  for  the  Easter  holi- 
days; these  will  last  until  the  17th  or  20th  of  April.  The 
case  will  be  set  down  for  another  hearing  before  the  court 
at  as  early  a  day  as  I  can  command  after  it  re-assembles. 
A  decree,  I  am  informed,  will  be  pronounced  after  this 
hearing  on  all  the  facts  as  settled  by  the  master — a  favorable 
one,  as  I  hope,  for  the  United  States. 

By  the  determination  I  took  respecting  the  claim  of  Ma- 
dame de  la  Batut,  as  announced  in  my  last,  her  professional 
advisers,  knowing  that  she  can  now  get  no  more  than  the 
report  allows  her,  are  interested  in  co-operating  with  me 
towards  a  prompt  decision,  instead  of  resorting  to  adverse 
proceedings  to  prolong  or  thwart  it — a  course  which  they 
have  been  more  or  less  pursuing  hitherto. 

On  better  grounds  than  ever  I  think  I  may,  therefore, 
flatter  myself  that  the  case  approaches  its  conclusion;  and 
I  will  only  add  that  its  remaining  stages  shall  be  watched 
by  me  with  a  care  proportioned  to  the  auspicious  results 
that  I  believe  to  be  near  at  hand. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant,  RICHARD  RUSH. 

Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Eichard  Hush  to  John  Forsyth. 

LONDON,  April  24,  1838. 

SIR:  The  court  re-assembled  last  week,  since  which  I 
have  been  doing  all  that  is  practicable,  by  personal  calls 


56  SMITHSONIAN    BEQUEST. 

upon  the  solicitors  and  otherwise,  to  urge  on  the  case :  and 
shall  continue  this  course. 

Judging  by  all  they  say  to  me,  and  my  own  knowledge 
of  the  present  situation  of  the  case,  I  have  a  confident  and, 
I  trust,  well-founded  belief  that  May  will  not  elapse  with- 
out its  being  brought  to  a  hearing. 

Referring  to  my  No.  22,  I  now  beg  leave  to  state  that  the 
22d  of  September,  1834,  is  the  date  "from  which  the  annuity 
allowed  by  the  master's  report  to  Madame  de  la  Batut  was 
to  commence;  and  that  the  arrears  to  be  paid  to  her,  in  the 
event  of  a  decision  in  favor  of  the  United  States,  were  to  be 
computed  from  that  time  to  the  22d  of  March  last.  This 
makes  three  years  and  six  months,  so  that  the  sum  due  on 
an  annuity  of  £150  9s.  would  be  £526  11s.  6d. 

I  have  the  honor  to  be,  with  great  respect,  your  obedient 
servant, 

RICHARD  RUSH. 

Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Richard  Rush  to  John  Forsyth. 

LONDON,  May  3,  1838. 

SIR  :  I  am  glad  to  say  that  the  confidence  expressed  in 
my  last  that  a  hearing  of  the  case  was  near  at  hand  has  been 
justified,  even  sooner  than  I  expected,  for  it  was  heard  on 
the  1st  of  this  month,  and  I  am  now  to  have  the  honor  of 
reporting  to  you  the  nature  of  the  hearing. 

Mr,  Pemberton,  our  leading  counsel,  rose,  and  after  re- 
capitulating the  general  nature  of  the  case,  as  formerly 
heard  by  the  court,  proceeded  to  state  that  the  reference  to 
the  master  as  ordered  by  the  decree  in  February,  1837,  had 
duly  taken  place,  and  that  all  the  requisite  evidence  had 
been  obtained  in  England  and  from  Italy  and  France,  as  to 
the  facts  on  the  happening  of  which  the  United  States  wore 
to  become  entitled  to  the  fund  bequeathed  by  Mr.  Smithson 
for  the  purpose  mentioned  in  his  will.  These  facts  I  need 
not  here  repeat,  being  already  set  forth  specially  in  my  No. 
9,  of  the  25th  of  March,  1837. 

Overlooking  a  volume  of  matter  merely  technical  in  the 
evidence  and  report,  or  now  become  immaterial  to  the  main 
points,  it  will  be  sufficient  to  say  that  it  was  satisfactorily 
established  by  the  former  that  Henry  James  Hungerford, 


SMITHSONIAN    BEQUEST.  57 

named  in  the  pleadings,  was  dead ;  that  he  died  at  Pisa,  in 
the  summer  of  1835 ;  that  he  was  not  married  at  the  ti'me 
-of  his  death,  nor  at  any  time ;  and  that  he  died  childless. 
It  was  not  found  how  old  he  was  at  the  time  of  his  death  ; 
nor  is  that  material  to  any  of  the  issues.  As  to  John  Fitall', 
it  was  found  that  he  died  in  London,  in  June,  1834 ;  and  as 
to  Madame  de  la  Batut,  the  mother  of  Henry  James  Hun- 
gerford,  the  master,  on  the  evidence  before  him,  found  her 
to  have  a  claim  on  the  estate  of  Mr.  Smithson  to  the 
amount  of  one  hundred  and  fifty  pounds  and  nine  shillings 
-a  year,  payable  as  long  as  she  lives,  and  for  the  arrears  of 
this  annual  allowance  from  the  22d  of  September,  1834,  to 
the  23d  of  last  March. 

The  establishment  of  all  the  foregoing  facts  will  be  found 
to  meet  the  essential  inquiries  to  which  the  master's  atten- 
tion was  directed  by  the  court's  first  decree,  as  reported  in 
my  No.  9.  Mr.  Smithson's  will  having  provided,  among 
otncr  things,  that  on  the  death  of  his  nephew,  Henry  James 
Hungerford,  "  without  leaving  child  or  children,"  the  whole 
•of  his  property  should  go  to  the  United  States ;  and  this 
primary  fact  being  now  incontestably  established  in  due  and 
legal  form  under  the  authority  of  the  court,  and  all  other 
proof  required  by  the  pleadings  obtained,  Mr.  Pemberton 
-asked  for  a  decree  declaring  the  United  States  entitled  to 
the  property.  The  representative  of  the  attorney  general, 
who  was  present  in  court,  said  that  he  believed  everything 
had  been  established,  as  stated,  and  that  the  rules  relating 
"to  public  charities,  as  applicable  to  this  case,  calling  for  no 
objection  on  the  part  of  the  Crown,  none  would  be  inter- 
posed— a  course  that  falls  in  with  what  was  said  by  the  same 
officer  on  the  occasion  of  the  first  decree,  as  reported  in  my 

jtfo.  7. 

The  counsel  of  the  defendants,  Messieurs  Drummond, 
agreed  also  to  what  was  stated,  and  had  nothing  to  allege 
in  opposition  to  the  claim  of  the  United  States. 

The  counsel  of  Madame  de  la  Batut  were  also  content ; 
the  course  I  took,  as  made  known  in  my  No.  21,  having  put 
.an  end  to  opposition  from  that  quarter. 

All  essential  facts  being  at  length  fully  and  formally  es- 
tablished, and  opposition  from  all  quarters  quieted  by  the 
measures  I  have  directed,  there  seemed  no  reason  why  a 
-decree  in  favor  of  the  United  States  should  not  at  once  be 
pronounced;  but  Mr.  Pemberton  having  stated  that,  in  the 
•end,  a  petition  would  have  to  be  presented  for  a  transfer  of 


58  SMITHSONIAN    BEQUEST. 

the  fund  to  me,  as  representing  the  United  States,  the  mas- 
ter of  the  rolls  said  that  he  would  pause  upon  his  final 
decision  until  that  petition  was  presented. 

It  is  thus  that  the  case  now  stands.  It  will  come  on 
again  one  day  next  week,  and  I  have  every  ground  for  be- 
lieving that  my  next  communication  will  inform  you  of  a 
decree  having  passed  declaring  the  United  States  entitled 
to  the  fund. 

Should  the  forms  of  chancery  require  any  authentication 
of  my  power  to  receive  the  fund  that  Mr.  Stevenson  can 
give,  he  will  be  ready,  at  any  moment,  to  give  it,  as  he  has 
assured  me;  and  should  his  important  aid  be  otherwise 
needed  in  anyway  before  the  suit  is  closed,  I  shall  not  scru- 
ple to  call  upon  him,  knowing  how  /A-alously  he  would 
afford  it. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Richard  Rush  to  John  Forsyth. 

LONDON,  May  12, 1838. 

SIR:  I  have  great  satisfaction  in  announcing  to  you,  for 
the  President's  information,  that  the  case  came  on  to  be 
heard  again  on  the  9th  instant,  when  a  decree  was  solemnly 
pronounced,  adjudging  the  Smithsonian  bequest  to  the 
United  States. 

Both  my  powers  had  been  previously  lodged  with  the 
court — not  one  only,  as  stated  in  newspaper  reports  of  the 
case  ;  and  no  question  was  raised  as  to  my  full  authority  to 
receive  the  money  on  behalf  of  the  United  States,  without 
calling  for  any  further  authentication  of  my  powers. 

The  suit  is  therefore  ended  without  fear  of  more  delays ; 
nothing  but  a  few  forms  remaining  to  put  me  in  actual  pos- 
session of  the  fund.  These,  I  have  the  hope,  may  be  com- 
pleted within  the  present  month, 

The  fund  is  invested  in  the  stocks  of  this  country,  of 
which  I  shall,  in  due  time,  have  an  exact  account.  The 
largest  portion  is  in  the  three  per  cent,  annuities.  The 
entire  aggregate  amounts  to  fully  one  hundred  thousand 
pounds;  and  this,  according  to  my  present  information, 
exclusive  of  about  five  thousand  pounds  to  be  reserved  by 


SMITHSONIAN    BEQUEST.  5<) 

the  court  to  meet  the  annual  charge  in  favor  of  Madame  la 
Batut  during  her  life  ;  the  sum  producing  it  to  revert  to  the 
United  States  when  she  dies. 

As  soon  as  the  decree  is  formally  made  up,  the  account- 
ant general  of  the  court  will  transfer  all  the  stock  to  me, 
under  its  sanction,  except  the  small  sum  to  be  reserved  as 
above. 

Having  no  special  instructions  as  to  what  I  arnto  do  with 
it,  my  present  intention  is  to  sell  the  whole,  at  the  best  time 
and  for  the  best  prices  to  be  commanded,  and  bring  it  over 
in  gold  for  delivery  to  the  Treasurer  of  the  United  States, 
in  fulfilment  of  the  trust  with  which  I  am  charged.  But  I 
will  reflect  further  upon  the  mode  of  bringing  it  home,, 
and  adopt  that  which,  under  all  circumstances,  may  seem, 
best. 

The  result  I  announce  will,  I  trust,  justify,  in  the  Presi- 
dent's eyes,  the  determination  I  took  to  let  the  allowance 
made  to  Madame  la  Batut  by  the  master's  report  stand 
without  attempting  to  overset  it,  whatever  might  have  been 
the  prospect  or  assurance  of  ultimate  success.  The  longer 
the  suit  lasted,  the  greater  were  the  risks  to  which  it  was 
exposed.  A  large  sum  of  money,  the  whole  mentioned 
above,  was  to  go  out  of  the  kingdom,  unless  an  heir  could 
be  found  to  a  wandering  young  Englishman,  who  had  died 
in  Italy  at  eight  or  nine  and  twenty,*  and  whose  mother, 
never  lawfully  married,  still  lives  in  France.  Here  was 
basis  enough  for  the  artful  and  dishonest  to  fabricate  stories 
of  heirship,  on  allegations  of  this  young  Englishman  hav- 
ing been  married.  That  fact  assumed,  the  main  stumbling- 
block  to  their  devices  would  have  disappeared.  Fabrica- 
tions to  this  effect  might  have  been  made  to  wear  the 
semblance  of  truth  by  offers  in  the  market  of  perjury  of 
Italy,  France,  and  England— incidents  like  these  being 
familiar  to  history,  whether  we  take  public  annals,  or  those 
of  families;  and  although  the  combinations,  however  craft- 
ily set  on  foot,  might  have  been  defeated  in  llie  end,  it  is 
easy  to  perceive  that  time  and  expense  would  have  been 
required  to  defeat  them.  The  possibility  of  their  being 
formed  (never  to  be  regarded  as  very  remote  while  the  suit 
remained  open)  made  it  my  first  anxiety,  as  it  was  always 
my  first  duty,  to  have  it  decided  as  soon  as  possible,  and  to 

*  Believed  to  be  the  age  of  Henry  James  Hungerford,  though  not  found 
in  the  master's  report. 


60  SMITHSONIAN    BEQUEST. 

take  care  even  that  it  moved  on  during  its  pendency  with 
no  more  of  publicity  to  its  peculiar  circumstances  than 
could  be  avoided.  I  trust  that  both  these  feelings  have 
been  discernible  in  the  general  current  of  my  letters  to 
you,  reporting  all  the  steps  I  have  taken  in  it  from  my  first 
arrival. 

Need  I  add,  as  a  further  incentive  to  despatch,  had  further 
been  wanting,  that  events  bearing  unfavorably  upon  the 
public  affairs  of  this  country,  above  all  upon  the  harmony 
or  stability  of  its  foreign  relations,  would  not  have  failed  to 
operate  inauspiciously  upon  the  suit,  if  in  nothing  else,  by 
causing  stocks  to  fall.  They  did  begin  to  fall  on  the  first 
news  of  the  rebellion  in  Canada,  not  recovering  until  the 
accounts  of  its  suppression  arrived.  The  case  is  now  be- 
yond the  reach  of  accident,  whether  from  political  causes, 
or  others  inherent  in  its  nature;  and  that  its  final  decision 
thus  early  has  been  brought  about  by  the  course  adopted 
in  February,  I  am  no  longer  permitted  to  doubt.  Efirly 
may  at  first  seem  a  word  little  applicable,  after  one  entire 
year  and  the  best  part  of  a  second  have  been  devoted  to 
getting  the  decision;  but  when  the  proverbial  delays  of 
chancery  are  considered,  (and  the}'  could  hardly  have  be- 
come a  proverb  without  some  foundation,)  it  may  not, 
perhaps,  be  thought  wholly  out  of  place.  Although  neither 
the  counsel  nor  solicitors  gave  their  previous  advice  to  the 
course,  it  being  a  point  of  conduct  for  my  decision  rather 
than  of  lawr  for  theirs,  it  is  yet  satisfactory  to  be  able  to 
state  that  they  approved  it  afterwards.  They  regarded  it 
as  best  consulting  the  interests  of  the  United  States,  on  every 
broad  view  of  a  case  where  a  great  moral  object,  higher 
than  the  pecuniary  one,  was  at  stake,  enhancing  the  motives 
for  rescuing  it,  at  the  earliest  fit  moment,  from  all  the  un- 
avoidable risks  and  uncertainties  of  the  future.  A  fortnight 
has  not  elapsed  since  it  was  said  in  the  House  of  Commons 
by  an  able  member  that  "  a  chancery  suit  was  a  thing  that 
might  begin  with  a  man's  life  and  its  termination  be  his 
•epitaph." 

On  the  whole,  I  ask  leave  to  congratulate  the  President 
and  yourself  on  the  result.  A  suit  of  higher  interest  and 
-dignity  has  rarely,  perhaps,  been  before  the  tribunals  of  a 
nation.  If  the  trust  created  by  the  testator's  will  be  suc- 
cessfully carried  into  effect  by  the  enlightened  legislation  of 
-Congress,  benefits  may  flow  to  the  United  States  and  to  the 
human  family  not  easy  to  be  estimated,  because  operating 


SMITHSONIAN   BEQUEST.  61 

silently  and  gradually  throughout  time,  yet  operating  not 
the  less  effectually.  Not  to  speak  of  the  inappreciable 
value  of  letters  to  individual  and  social  man,  the  monu- 
ments which  they  raise  to  a  nation's  glory  often  last  when 
others  perish,  and  seem  especially  appropriate  to  the  glory 
of  a  republic  whose  foundations  are  laid  in  the  presumed 
intelligence  of  its  citizens,  and  can  only  be  strengthened  and 
perpetuated  as  that  improves.  May  I  also  claim  to  share 
in  the  pleasure  that  attends  on  relieved  anxiety  now  that 
the  suit  is  ended  ? 

I  have  made  inquiries  from  time  to  time,  in  the  hope  of 
finding  out  something  of  the  man,  personally  a  stranger  to 
our  people,  who  has  sought  to  benefit  distant  ages  by  found- 
ing, in  the  capital  of  the  American  Union,  an  institution 
(to  describe  it  in  his  own  simple  and  comprehensive  lan- 
guage) FOR  THE  INCREASE  AND  DIFFUSION  OF  KNOWLEDGE 

AMONG  MEN.  I  have  not  heard  a  great  deal.  What  I  have 
heard  and  may  confide  in  amounts  to  this :  That  he  was,  in 
fact,  the  natural  son  of  the  Duke  of  Northumberland;  that 
his  mother  was  a  Mrs.  Macie,  of  an  ancient  family  in  Wilt- 
shire of  the  name  of  Hungerford ;  that  he  was  educated  at 
Oxford,  where  he  took  an  honorary  degree  in  1786 ;  that 
he  went  under  the  name  of  James  Lewis  Macie  until  a  few 
years  after  he  had  left  the  university,  when  he  took  that  of 
Srnithson,  ever  after  signing  only  James  Smithson,  as  in  his- 
will;  that  he  does  not  appear  to  have  had  any  fixed  home, 
living  in  lodgings  when  in  London,  and  occasionally  staying 
a  year  or  two  at  a  time  in  cities  on  the  continent,  as  Paris, 
Berlin,  Florence,  Genoa,  at  which  last  he  died;  and  that 
the  ample  provision  made  for  him  by  the  Duke  of  North- 
umberland, with  retired  and  simple  habits,  enabled  him  to 
accumulate  the  fortune  which  now  passes  to  the  United 
States.  I  have  inquired  if  his  political  opinions  or  bias 
were  supposed  to  be  of  a  nature  that  led  him  to  select  the 
United  States  as  the  great  trustee  of  his  enlarged  and  phil- 
anthropic views.  The  reply  has  been,  that  his  opinions,  as 
far  as  known  or  inferred,  were  thought  to  favor  monarch- 
ical rather  than  popular  institutions  ;  but  that  he  interested 
himself  little  in  questions  of  government,  being  devoted  to- 
science,  and  chiefly  chemistry ;  that  this  had  introduced, 
him  to  the  society  of  Cavendish,  Wollaston,  and  others 
advantageously  known  to  the  Royal  Society  in  London,  of 
which  body  he  was  a  member,  and  to  the  archives  of  which 
he  made  contributions ;  arid  that  he  also  became  acquainted. 


-#2  SMITHSONIAN    BEQUEST. 

through  his  visits  to  the  continent,  with  eminent  chemists 
in  France,  Italy,  and  Germany.  Finally,  that  he  was  a 
gentleman  of  feeble  health,  but  always  of  courteous  though 
reserved  manners  and  conversation. 

Such  I  learn  to  have  been  some  of  the  characteristics  of 
the  man  whom  generations  to  come  may  see  cause  to  bless, 
:and  whose  will  may  enrol  his  name  with  the  benefactors  of 
mankind. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant, 

EICHAED  RUSII. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 


"A." 
IN  CHANCERY,  MAY  12,  1838. 


PRESIDENT  OF  THE  UNITED  STATES,  |  Qrdef  m  farther 
DRUMMOND. 


C     tions. 


AT  THE  KOLLS, ,  Master  of  the  Rolls— £3  10s.— 76. 


IBetween  the  President  of  the 
United  States  of  A  merica, 


plaintiff, 


and 


Saturday,  the   \'2th   day    oj 
May,  in  the  first  yrar  of  the 


Charles  Drummond  and  her  t 

Majesty's  Attorney  General,         Vlctona> 
defendants.  J 

This  cause  coming  on  the  1st  day  of  February,  1837,  to 
l>e  heard  and  debated  before  the  right  honorable  the  master 
of  the  rolls,  in  the  presence  of  counsel  learned  on  both 
sides,  his  lordship  did  order  that  the  plaintiff's  bill  should 
T^e  amended,  by  stating  the  act  of  Congress  passed  in  the 
jear  1836;  and  the  said  bill  being  amended  in  court  accord- 
ingly, upon  hearing  the  same  act" of  Congress,  and  also  the 
power  of  attorney  granted  to  Richard  Rush,  Esq.,  men- 
tioned in  the  said  bill  as  amended,  read,  his  lordship  did 
order  that  it  should  be  referred  to  the  master  to  whom  the 
-cause  of  Hungerford  vs.  Drummond  stood  transferred,  to 
•carry  on  the  account  directed  by  the  decree  of  the  15th  dayi 


SMITHSONIAN    BEQUEST.  63 

of  December,  1829;  and  it  was  ordered  that  the  said 
master  should  inquire  whether  John  Fitall,  in  the  pleadings 
of  this  cause  named,  was  living  or  dead ;  and  if  the  said 
master  should  find  that  the  said  John  Fitall  was  dead,  then 
it  was  ordered  that  he  should  inquire  and  state  when  he 
died.  And  it  was  ordered  that  the  said  master  should 
inquire  whether  Henry  James  Hungerford,  in  the  pleadings 
.also  named,  was  living  or  dead ;  and  if  the  said  master 
.should  find  that  the  said  Henry  James  Hungerford  was 
-dead,  then  it  was  ordered  that  he  should  inquire  and  state 
when  he  died,  and  whether  he  was  married  or  unmarried  at 
the  time  of  his  decease ;  and  if  married,  whether  he  left 
.any,  and  what,  children  or  child  him  surviving;  and  the 
.said  master  was  to  inquire  and  state  the  ages  of  such  chil- 
dren, respectively,  if  more  than  one.  And  it  was  ordered 
that  the  said  master  should  inquire  and  state  to  the  court 
whether  Madame  de  la  Batut  had  any  claim  on  the  said 
testator  Smithson's  estate ;  and,  for  the  better  discovery  of 
the  matters  aforesaid,  the  usual  directions  were  given,  and 
his  lordship  did  reserve  the  consideration  of  all  further 
-directions,  and  of  the  costs  of  this  suit,  until  after  the  said 
master  should  have  made  his  report.  That,  in  pursuance  of 
the  said  decree,  the  said  master  made  his  report,  dated  the 
23d  day  of  March,  1838,  which  stands  absolutely  confirmed 
by  an  order  dated  the  27th  day  of  March,  1838,  and  thereby 
-certified  he  found  that  the  sum  of  £53  7s.  6d.  was  justly 
due  and  owing  to  Messrs.  Thomas  Clarke  &  Co.,  the  solici- 
tors for  the  defendant  Charles  Drummond,  from  the  estate 
of  the  said  testator ;  and  he  found  that  the  said  John  Fitall 
was  dead,  and  that  he  died  at  Bush  house,  Wanstead,  in 
the  county  of  Essex,  on  the  14th  day  of  June,  1834 ;  and 
he  found  that  the  said  Henry  James  Plungerford  assumed 
the  name  of  De  la  Batut,  and  was  known  as  Baron  Eunice 
de  la  Batut  and  died  at  the  Royal  hotel,  called  the  Donzelle, 
situate  at  Pisa,  on  or  about  the  5th  day  of  June,  1835, 
without  ever  having  been  married,  and  without  leaving  any 
issue.  And  the  said  master  certified  that  he  was  of  opin- 
ion and  did  find  that  the  said  Mary  Ann  de  la  Batut,  in  her 
right,  was  entitled  to  a  claim  on  the  estate  of  the  said  tes- 
tator, James  Smithson,  for  an  interest  during  the  life  of 
the  said  Mary  Ann  de  la  Batut,  in  a  moiety  of  the  annual 
income  or  sum  of  7,673  livres  de  rentes,  in  the  report  men- 
tioned, amounting  in  value  to  the  annual  sum  of  £150  9s. 
sterling  money  of  Great  Britain  and  Ireland,  calculated  at 


64  SMITHSONIAN    BEQUEST. 

the  current  rate  of  exchange  in  the  city  of  London,  on  the 
8th  day  of  March,  1838;  and  he  found -that  the  income 
arising  from  the  said  French  stock  or  fund,  called  livres  de 
rentes,  was  payable  and  paid  half-yearly  by  the  French 
Government,  on  or  about  the  22d  day  of  March  and  the 
22d  day  of  September  in  each  year;  and  he  also  found  that 
there  was  due  and  owing  to  the  said  Mary  Ann  de  la  Batut, 
(or  the  said  Theodore  de  la  Batut,  in  her  right,)  from  the 
estate  of  the  said  testator,  James  Smithson,  the  sum   of 
13,427  francs  75  centimes,  for  arrears  of  the  said  annuity, 
from  the  22d  day  of  September,  1834,  to  the  22d  day  of 
March,  1838,  amounting  in  value  to  £526  Us.  <W.,  sterling 
money  of  Great  Britain  and  Ireland,  calculated  at  the  cur- 
rent rate  of  exchange  in  the  said  city  of  London,  as  afore- 
said ;  and  he  found  that  the  annual  income  or  annuity  to 
which  the  said  Mary  Ann  de  la  Batut  (or  the  said  Theodore 
de  la  Batut,  in  her  right)  was  entitled  for  her  life  out  of  the 
estate  of  the  said  testator,  James  Smithson,  amounting  to 
£150  9s.  sterling  money  of  Great  Britain   and  Ireland   as 
aforesaid.     And   whereas   the  above  named  plaintiff  and 
Kichard  Rush  did,  on  the  3d  day  of  May,  1838,  prefer  their 
petition  unto  the  right  honorable  the  master  of  the  rolls, 
setting  forth  as  therein  set  forth,  and  praying  that  the  resi- 
due of  the  several  stocks,  funds,  and  securities,  and  cash, 
respectively,  standing  in  the  name  of  the  accountant  general 
of  this  court,  in  trust  in  the  cause  of  Hungerford  vs.  Drum- 
mond,  and  in  trust  in  this  cause,  which  should  remain  after 
providing  for  and  satisfying  the  annual  and  other  payments 
directed  by  the  will  of  the  said  testator,  and  the  costs  and 
charges  to  which  the  estate  of  the  said  testator  had  been 
rendered  liable  by  virtue  of  the  several  proceedings  and 
measures  aforesaid,  or  any  of  them,  might  be  respectively 
transferred,  (the  amount  thereof  to  be  verified  by  affidavit,) 
in  the  books  of  the  governor  and  compan}7  of  the  Bank  of 
England,  and  paid  to  the  petitioner,  Richard  Rush ;  and 
that  the  boxes  and  packages  mentioned  in  the  said  master's 
report  might  be  delivered  into  the  custody  of  the  petitioner, 
Richard   Rush.      Whereupon   all   parties   concerned   were 
ordered  to  attend  his  lordship  on  the  matter  of  the  said 
petition,  when  this  cause  should  come  on  to  be  heard  for 
further  directions ;  and  this  cause  coming  on  this  present 
day  to  be  heard  before  the  right  honorable  the  master  of 
the  rolls  for  further  directions  on  the  said  master's  said 
report,  and  as  to  the  measure  of  costs  reserved  in  the  said 


SMITHSONIAN    BEQUEST.  65 

decree,  in  the  presence  of  counsel  learned  on  both  sides  : 
upon  opening  and  debate  of  the  measure,  and  hearing  the 
said  decree,  the  said  report,  the  said  order  dated  the  27th 
day  of  March,  the  said  petition,  and  the  accountant  gen- 
eral's certificates  read,  and  what  was  alleged  by  the  coun- 
sel on  all  sides,  his  lordship  doth  declare  that  the  plaintiff 
is  entitled  to  the  residue  of  the  several  stocks,  and  securi- 
ties,  and  cash,  respectively,  standing  in  the  name  of  the 
accountant  general  of  this  court,  in  trust  in  this  cause,  and 
also  in  trust  in  a  certain  other  cause  of  Hungerford  against 
Drummond,  in  the  master's  report  mentioned,  and  the~other 
property  of  James  Smithson,  the  testator,  in  the  pleadings 
in  this  cause  named,  after  providing  for  the  payment  here- 
inafter directed ;  and  it  is  ordered  that  the  sixty-two 
thousand  seven  hundred  and  thirty-nine  pounds  nineteen 
shillings  and  two  pence  bank  three  pounds  per  cent,  annui- 
ties, twelve  thousand  pounds  reduced  annuities,  and  sixteen 
thousand  one  hundred  pounds  bank  stock,  respectively, 
standing  in  the  name  of  the  said  accountant  general,  in 
trust  in  the  cause  of  Hungerford  vs.  Drummond,  and  the. 
sum  of  one  thousand  seven  hundred  and  sixty-five  pounds 
two  shillings  cash  in  the  bank,  remaining  on  the  credit  of  the 
said  cause,  be  respectively  carried  over  in  trust  in  and  to 
the  credit  of  this  cause ;  and  the  said  accountant  general  is 
to  declare  the  trust  of  the  said  several  sums  of  stock, 
accordingly,  subject  to  the  further  order  of  this  court;  and 
out  of  the  said  sum  of  one  thousand  seven  hundred  and 
seventy-five  pounds  two  shillings  cash,  when  so  carried  over, 
and  the  sum  of  two  hundred  and  four  pounds  six  shillings 
and  eight  pence  cash  in  the  bank,  on  the  credit  of  this 
cause,  it  is  ordered  that  the  sum  of  fifty-three  pounds  seven 
shillings  and  six  pence  be  paid  to  Mr.  Thomas  George  Fyn- 
more;  and  thereout,  also,  it  is  ordered  that  the  sum  of  five 
hundred  and  twenty-six  pounds  eleven  shillings  and  six 
pence  be  carried  over,  with  the  privity  of  the  said  account- 
ant general,  and  placed  to  the  credit  of  this  cause,  to  an 
account  to  be  entitled  "  The  account  of  the  annuitant  Mary 
Ann  de  la  Batut ;"  and  thereout,  also,  it  is  ordered  that 
the  sum  of  twenty-five  pounds  be  paid  to  Mrs.  Elizabeth 
Fitall,  (as  executrix  of  John  Fitall,  deceased ;)  and  it  is 
ordered  that  it  be  referred  to  the  master  to  whom  this  cause 
stands  referred,  to  tax  all  parties  their  costs  of  this  suit, 
and  relating  thereto,  properly  incurred ;  the  costs  of  the 
plaintiff,  and  of  the  defendant  Charles  Drummond,  to  be 
5 


66  SMITHSONIAN    BEQUEST. 

taxed  as  between  solicitor  and  client;  and  it  is  ordered  that 
the  amount  of  such  costs,  when  taxed,  be  paid  out  of  one 
thousand  three  hundred  and  sixty-four  pounds  nine  shill- 
ings and  eight  pence  cash,  which  will  then  be  remaining  on 
the  credit  of  this  cause,  after  the  several  before  mentioned 
payments,  in  manner  following,  that  is  to  say  :  the  costs  of 
the  said  plaintiff  to  Mr.  Thomas  Clarke,  his  solicitor ;  and 
the  costs  of  the  defendant  Charles  Drummond  to  Mr.  Thom- 
as George  Fynrnore,  his  solicitor;  and  the  costs  of  her  Maj- 
esty's attorney  general,  to  Mr.  George  Maule,  her  solicitor. 
It  is  ordered  that  five  thousand  and  fifteen  pounds  bank 
three  pounds  per  cent,  annuities,  part  of  the  six  thousand 
eight  hundred  and  ten  pounds  nineteen  shillings  and  seven 
pence,  like  annuities,  standing  in  the  name  of  the  said  ac- 
countant general,  in  trust  in  this  cause,  and  any  interest 
which  may  accrue  on  the  said  sum  of  five  thousand  and 
fifteen  pounds  bank  three  pounds  per  cent,  annuities,  pre- 
vious to  the  carrying  over  hereby  directed,  be,  in  like  man- 
ner, carried  over  in  trust,  in  this  cause,  to  the  separate  ac- 
count of  Mary  Ann  de  la  Batut,  entitled  "  The  account  of 
the  annuitant  Mary  Ann  de  la  Batut,"  and  the  said  account- 
ant general  is  to  declare  the  trust  thereof  accordingly,  sub- 
ject to  the  further  order  of  this  court.  And  it  is  ordered 
that  the  interest  and  dividends  thereof,  which  shall  accrue 
during  the  life  of  the  said  Mary  Ann  de  la  Batut,  be  paid 
to  her  during  her  life,  or  until  the  further  order  of  this 
court,  for  her  separate  use,  and  on  her  sole  receipt,  by  equal 
half-yearly  payments,  on  the  22d  day  of  September  and  the 
22d  day  of  March  in  every  year;, the  first  payment  thereof 
to  be  made  on  the  22d  day  of  September  next.  And  it  is 
ordered  that  the  said  sixty-two  thousand  seven  hundred  and 
thirty-nine  pounds  nineteen  shillings  and  two  pence  bank 
three  pounds  per  cent,  annuities,  twelve  thousand  pounds 
reduced  annuities,  and  sixteen  thousand  one  hundred  pounds 
bank  stock,  when  so  respectively  carried  over,  and  one 
thousand  seven  hundred  and  ninety-five  pounds  nineteen 
shillings  and  seven  pence  three  pounds  per  cent,  annuities, 
residue  of  the  said  six  thousand  eight  hundred  and  ten 
pounds  nineteen  shillings  and  seven  pence,  like  annuities, 
after  such  carrying  over  of  part  thereof  as  aforesaid,  and  the 
residue  of  the  said  sum  of  one  thousand  three  hundred  and 
sixty-four  pounds  nine  shillings  and  eight  pence  cash,  after 
the  payments  thereout  hereinbefore  directed,  (the  amount 
of  such  residue  to  be  verified  by  afiidavit,)  be  transferred 


SMITHSONIAN    BEQUEST.  67 

.-and  paid  to  Mr.  Richard  Bush,  in  the  plaintiff's  bill  named. 
And  it  is  ordered  that  the  boxes  and  packages  in  the  mas- 
ter's report  of  the  twenty-eighth  day  of  June  one  thousand 
eight  hundred  and  thirty-one,  in  the  said  cause  of  Ilunger- 
ford  vs.  Drummond  mentioned,  be  delivered  into  the  cus- 
tody of  the  said  Richard  Rush,  as  attorney  or  otherwise  for 
the  plaintiff;  and,  for  the  purposes  aforesaid,  the  said  ac- 
countant general  is  to  draw  on  the  bank,  according  to  the 
form  prescribed  by  the  act  of  Parliament,  and  the  general 
rules  and  orders  of  this  court  in  that  case  made  and  pro- 
vided ;  and  any  of  the  parties  are  to  be  at  liberty  to  apply 
'to  this  court  as  they  may  be  advised.  H.  H. 

Entered:         E.  R. 


Richard  Rush  to  Clarke,  Fynmore  $  Fladgate. 

MAY  31,  1838. 

GENTLEMEN  :  I  need  scarcely  again  make  known  to  you 
what  I  have  so  frequently  urged  in  person  since  the  decision 
^on  the  9th  instant,  viz  :  my  anxiety  to  have  the  necessary 
document  from  the  proper  office  of  the  court,  by  which  the 
Smithsonian  fund  adjudged  to  the  United  States  may  be  placed 
at  my  disposal.  But,  whatever  the  past  obstacles  which  you 
may  not  have  been  able  to  prevent,  I  must  ask  the  favor 
of  your  renewed  and  best  exertions  for  causing  me  to  be  put 
in  possession  of  it  at  the  earliest  possible  day;  the  more  so, 
as  we  are  now  at  the  end  of  the  month,  and  my  being  in- 
vested with  the  requisite  authority  is  an  indispensable  pre- 
liminary to  arrangements  for  selling  the  stock  advanta- 
geously in  June,  prior  to  my  embarkation  with  the  fund  for 
the  United  States.  Your  past  attention  to  the  case  is  a 
pledge  to  me  that  you  will  do  all  in  your  power  to  fulfil 
my  wishes ;  in  which  assurance  I  remain, 
Your  obedient  servant, 

RICHARD  RUSH. 

To  CLARKE,  FYNMORE  &  FLADGATE. 


Richard  Rush  to  John  Forsyth. 

LONDON,  June  5,  1838. 

SIR  :  With  all  my  exertions  to  have  the  forms  necessary 
for  putting  me  in  possession  of  the  Smithsonian  fund  com- 


68  SMITHSONIAN    BEQUEST. 

pleted  in  May,  it  will  be  seen,  from  the  enclosed  copy  of  a 
letter  to  me  from  the  solicitors,  in  reply  to  one  I  wrote  them 
on  the  last  of  May,  (a  copy  of  which  is  also  enclosed,)  that 
it  is  only  to-day  that  all  the  forms  have  been  finally  and 
fully  completed. 

After  getting  this  information,  I  went  immediately  to  the 
proper  department  of  the  accountant  general  of  the  court  of 
chancery  at  the  Bank  of  England,  and  find  that  there  has 
been  transferred  to  me  the  following  stock,  viz : 

1.  Sixty-four  thousand  five  hundred  and  thirty-five  pounds 
eighteen  shillings  and  nine  pence  in  the  consolidated  three 
per  cent,  annuities,  commonly  called  consols  by  abbrevia- 
tion. 

2.  Twelve  thousand  pounds  in  reduced  three  per  cent, 
annuities. 

3.  Sixteen  thousand  one  hundred  pounds  in  bank  stock. 
The  books  at  the  bank  show  the  above  stock  to  have  been 

regularly  transferred  to  me  under  the  authority  of  the  court 
of  chancery,  by  the  accountant  general,  as  the  proper  officer 
of  the  court,  in  virtue  of  the  decree  reported  in  my  last ; 
and  I  have  accepted  the  same  on  the  books,  on  behalf  of 
the  United  States,  by  signing  my  name  to  a  form  of  accept- 
ance drawn  out  under  each  transfer. 

The  above  stock  constitutes,  with  the  exception  of  five 
thousand  and  fifteen  pounds,  the  whole  property  left  by  Mr. 
Smithson  to  the  United  States,  and  now  recovered  for  them, 
with  the  further  exception  of  some  small  sum  in  cash,  to 
which  the  solicitors  refer  as  still  to  come  from  the  account- 
ant general,  but  of  which  I  have  as  yet  no  statement. 

The  sum  of  five  thousand  and  fifteen  pounds  in  consols,  it 
has  been  decreed  by  the  court  is  to  be  reserved  and  set 
apart  to  answer  the  annuity  payable  to  Madame  la  Batut ; 
the  principal  to  revert  to  the  United  States  on  the  death  of 
the  annuitant. 

I  have  taken  care  to  instruct  the  -solicitors  to  see  that 
there  is  due  proof  at  all  times  of  the  annuitant  being  in  full 
life  as  the  half-yearly  payments  are  made  to  her. 

Although  the  aggregate  of  the  stock  transferred  as 
above  is  under  one  hundred  thousand  pounds  in  its  nominal 
amount,  there  is  no  doubt  whatever  but  that  the  sale  of  it 
will  yield  more  than  that  sum. 

The  transfer  by  the  accountant  general  was  made  to  me 
only  to-day;  and  this  is  so  far  fortunate  as  that  it  could  not 
otherwise  have  been  effected  as  to  the  principal  part  of  the 


SMITHSONIAN   BEQUEST.  69 

stock  (viz :  the  three  per  cent,  annuities)  until  the  17th  of 
July,  the  books  closing  after  to-day  for  the  transfer  of  this 
species  of  stock  until  the  date  I  mention. 

The  important  operation  of  selling  the  stock  now  remains 
to  he  conducted,  and  shall  claim  my  careful  attention.  I 
design  to  go  into  the  city  to-morrow,  with  a  view  to  adopt- 
ing the  earliest  measures  for  this  purpose ;  taking  advice, 
in  aid  of  my  own  judgment,  for  so  managing  the  sales  as 
best  to  promote  the  interests  of  the  United  States. 

I  continue  to  think  that  the  best  mode  of  bringing  home 
the  money  will  be  in  gold,  in  English  sovereigns.  Ex- 
change is  low,  and  so  will  insurance  be  at  this  season ;  and 
on  all  accounts  it  seems  to  me  the  preferable  mode  in  which 
to  realize  the  fund,  and  deliver  it  over  to  the  Treasurer  of 
the  United  States  on  my  arrival,  in  final  discharge  of  the 
trust  confided  to  me. 

I  shall  hope  to  make  some  report  of  my  steps  by  the  next 
packet ;  and  in  the  meantime  have  the  honor  to  remain, 
with  great  respect,  your  obedient  servant, 

RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Clarke,  Fynmore  $>  Ftadgate  to  Richard  Rush. 

43  CRAVEN  STREET,  STRAND,  June  5,  1838. 

DEAR  SIR  :  We  beg  to  assure  you,  in  answer  to  your  favor 
•of  the  31st  of  May,  that  our  endeavors  to  get  through  the 
forms  necessary  for  winding  up  the  suit,  and  putting  you 
into  possession  of  the  Smithsonian  fund,  have  not  been  less 
urgent  and  unremitting  than  have  been  your  applications 
to  ourselves  upon  the  subject.  The  circumstance  of  the 
shutting  of  the  offices  of  the  court  of  chancery  for  the  holi- 
days, at  a  period  when  they  are  ordinarily  open,  and  some 
other  petty  difficulties  not  within  our  control,  have,  how- 
ever, prevented  our  getting  through  all  the  forms  in  the 
month  of  May,  as  we  hoped  to  have  been  able  to  do. 

We  have  now,  however,  the  satisfaction  to  announce  to 
you  that  everything  is  complete,  and  that  the  accountant 
general  of  the  court  of  chancery  has  transferred  into  your 
jname  the  several  sums  following  : 

£64,535  18     9  consols. 
12,000     0     0  reduced  annuities. 
16,100     0     0  bank  stock. 


70  SMITHSONIAN   BEQUEST. 

These  sums  are  entirely  at  your  disposal,  free  from  the 
control  of  the  court  of  chancery. 

There  will  be,  in  addition,  a  small  cash  balance,  which, 
in  the  course  of  a  fey  days,  you  will  be  able  to  receive  of 
the  accountant  general. 

We  are,  very  faithfully,  your  obedient  servants, 

CLARKE,  FYNMORE  &  FLADGATE. 

RICHARD  RUSH,  Esq. 


Richard  Rush  to  John  Forsyth. 

LONDON,  June  13,  1838. 

SIR  :  I  am  glad  to  be  able  to  report  to  you  that  the  sales 
of  the  stock  are  going  on  well. 

The  whole  of  the  consols  have  been  sold,  and  part  of  the 
bank  stock. 

A  portion  of  the  consols,  viz  :  £4,535  185.  9d.  was  sold 
on  the  6th  instant  for  cash,  at  94f .  This  was  considered  a 
high  price;  more  could  not  have  been  obtained  for  cash. 

My  first  desire  was  to  sell  all  the  stock  for  cash,  and  im- 
mediately, that  I  might  the  sooner  close  the  whole  opera- 
tion and  get  away;  but  such  a  course  I  soon  found,  on  the 
best  information  and  advice,  would  have  been  injudicious. 

To  have  attempted  a  sale  of  the  bank  stock,  for  example, 
all  at  once,  would  probably  have  depressed  the  market  lor 
this  particular  species  of  security,  and  occasioned  a  loss  of 
several  hundred  pounds.  The  reason  is,  that  the  dealings 
in  it,  contradistinguished  from  those  in  the  great  national 
stocks,  are  limited,  and  confined  to  a  very  few  persons  on 
the  stock  exchange.  The  course  which  prudence  dictated 
was,  to  sell  it  out  in  small  parcels,  under  careful  instruc- 
tions to  the  broker  on  each  day  of  the  sale. 

As  it  thus  became  necessary,  in  order  to  guard  against 
loss,  that  I  should  allow  myself  some  little  latitude  as  to 
time  in  selling  the  bank  stock,  it  opened  a  door  the  more 
properly  for  disposing  of  the  other  stock  on  time,  at  a 
short  interval ;  the  more  especially  if  by  that  mode  it  could 
be  made  to  produce  a  larger  sum. 

Accordingly,  on  the  same  day  that  I  disposed  of  a  portion 
of  the  consols  for  cash,  which  served  also  as  a  feeler  to 
ascertain  the  cash  price,  I  caused  the  whole  of  what  re- 
mained of  this  stock,  viz :  £60,000,  to  be  sold  on  time  for 


SMITHSONIAN    BEQUEST.  71 

the  6th  July,  that  being  the  day  after  dividend  day,  which 
falls  on  the  5th  of  July. 

It  gives  me  great  satisfaction  to  state  that  this  sale  was 
effected  at  95J. 

Up  to  the  day  when  it  was  effected,  consols  had  not 
brought  so  high  a  price,  as  far  as  I  have  yet  been  able  to 
examine  the  London  Mercantile  Price  Current,  for  nearly 
eight  years  before. 

Two  sales  have  been  made  of  the  bank  stock,  viz :  one  of 
£3,000,  the  other  of  £5,000;  the  former  at  204f,  the  latter 
at  204f ;  both  sales  being  for  the  30th  instant,  the  money 
payable  and  stock  to  be  delivered  on  that  day.  Should  the 
remainder  be  sold  at  these  rates,  or  near  them,  it  will 
be  seen  that  the  bank  stock,  though  in  nominal  amount 
only  £16,100,  as  stated  in  my  last,  will  yield  upwards  of 
£30,000. 

In  the  important  operations  of  selling  the  stock,  I  am  re- 
ceiving the  most  beneficial  aid  from  the  constant  advice  and 
active  daily  co-operation  in  all  ways  of  our  consul,  Colonel 
Aspinwall,  whose  long  residence  in  London  and  ample  op- 
portunities of  knowing  the  mysteries  of  its  great  stock 
market,  and  the  minute  details  of  doing  business  in  it,  have 
given  him  the  ability  to  aid  me.  It  is  thus  that  I  am  selling 
to  every  advantage. 

None  of  the  three  per  cent,  reduced  annuities  have  yet 
been  sold.  We  are  watching  the  market  with  a  view  to  the 
most  favorable  moment  for  disposing  of  this  part  of  the 
stock. 

The  fortunate  point  of  time  was  hit  for  selling  out  the 
consols.  They  have  now  sunk  a  little,  and,  with  the  excep- 
tion of  momentary  intervals,  would  not  have  brought  as 
much  since  the  6th  instant  as  I  obtained. 

From  the  sales  made,  it  is  now  I  think  certain  that  the 
whole  stock  will  yield  from  one  hundred  and  three  to  one 
hundred  and  five  thousand  pounds,  apart  from  the  five 
thousand  and  fifteen  to  be  retained  here  during  the  life  of 
Madame  la  Batut. 

From  the  successful  manner  in  which  they  are  prodfeed- 
ing,  it  seems  clear  also,  at  the  present  time,  that  the  fund, 
independent  of  the  accumulations  of  interest,  will  be  richer 
in  the  state  in  which  I  shall  deliver  it  over  to  the  United 
States,  than  it  was  in  the  summer  of  1835,  when  their  right 
to  it  first  attached  by  the  death  of  Henry  James  Hunger- 
ford. 


72  SMITHSONIAN    BEQUEST. 

Left  to  myself  to  make  the  most  of  the  fund  after  recover- 
ing it  from  chancery,  which  depended  so  much  on  the  sale 
of  the  stock,  it  has  not  been  without  full  consideration  that 
I  did   not  call  on  the  Messrs.  Rothschild  to  sell  it  all,  for 
which  their  experience  and  situation  here,  besides  being  the 
bankers  of  the  United  States,  might  have  seemed  to  point 
them  out.     But,  first,  they  would,  I  take  for  granted,  have 
charged  a  commission  of  one  per  cent.,  to  which  I  could 
not  have  objected,  as  it  is  allowed  here,  apart  from  the 
broker's  commission,  and  by  the  chamber  of  commerce  at 
New  York  on  effecting  sales  of  stock ;  whilst  Colonel  Aspin- 
wall  charges  me  no  such  commission,  and  I  much  desired 
to  save  the  amount  of  it  to  the  fund,  if,  with  his  efficient 
aid,  I  could  conduct  the  sales   confidently  and    advanta- 
geously myself.     But,  secondly,  if  the  former,  as  the  bankers 
of  the  United  States,  would  have  performed  the  task  with- 
out charge,  I  should  not  have  been  the  less  disinclined  to 
place  it  in  their  hands,  having  had  no  instructions  to  do  so, 
and,  being  without  these,  I  could  only  exercise  my  best  dis- 
cretion.   "They  are,  as  I  in  common  with  others  here  sup- 
pose, very  large  dealers  in  stock  on  their  own  account,  as 
occasion  may  serve ;  and  hence  may  naturally  be  supposed 
to  desire  sometimes  a  rise,  sometimes  a  fall,  in  these  ever- 
fluctuating  things.     With  more  than   a  hundred  thousand 
pounds  to  throw  upon  the  market,  I  therefore  thought  it 
best,  acting  on  a  general  rule  .of  prudence  in  all  business,  to 
keep  the  operation  of  selling  entirely  clear  of  every  quarter 
where  any  insensible  bias  might,  by  possibility  even,  exist 
to  a  course  other  than  that  which  would  regard  alone  the 
Smithsonian  fund. 

I  design  to  leave  no  sale  outstanding  after  the  6th  of  July. 
The  subsequent  steps,  however,  for  obtaining  the  gold,  and 
those  necessary  in  various  ways  for  shipping  it,  will  render 
it  impracticable  for  me  to  embark  with  it  in  the  packet 
which  sails  from  Portsmouth  on  the  10th  of  July,  that 
packet  leaving  London  always  on  the  7th.  But  I  will  fol- 
low in  the  succeeding  one  of  the  20th  of  July,  which  leaves 
this  port  on  the  17th,  before  which  time  I  trust  that  every- 
thing will  have  been  fully  and  satisfactorily  closed,  as  far 
as  the  trust  can  be  closed  here. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

RICHARD  RUSH. 
The  Hon.  JOHN  FORSYTE,  Secretary  of  State. 


SMITHSONIAN    BEQUEST.  73 

Richard  Eush  to  John  Forsyth. 

LONDON,  June  26,  1838. 
SIR  :  Since  my  No.  27,  the  sales  of  the  stock  have  been 

.going   on   from   time   to  time,  and   at   length   are   finally 

-closed. 

They  have  all  been  good — perhaps  I  may  say  fortunate. 
The  prices  have  been  high,  as  compared  with  the  state  of 

-the  stock  market  for  several  years  past;  and  I  ana  con- 
fidently informed  that,  from  the  time  the  stock  came  under 
my  control  until  I  sold  it  all,  no  higher  prices  were  ob- 

-tained  by  any  private  seller  than  I  obtained. 

The    whole    of    the    reduced   three   per   cent,    annuities 

•(£12,000)  sold  at  94.  This  description  of  stock  is  never  as 
high  as  consols,  but  94  is  reputed  nearly,  if  not  quite,  as 
good  a  price,  in  proportion  to  its  general  value  in  the  English 

'stock  market,  as  the  95 J-  I  obtained  for  the  consols. 

Of  the  bank  stock  unsold  at  the  date  of  my  last,  (viz: 

.£8,100,)  I  obtained  205  for  £5,000,  and  205J  for  the  re- 
maining £3,100.  Both  these  prices,  it  will  be  perceived, 

.are  higher  than  the  former  ones  I  obtained  for  this  stock. 
The"  entire  amount  of  sales  has  more  than  realized  the 

-anticipations  held  out  in  my  No.  27,  having  yielded  an  ag- 
gregate of  rather  more  than  one  hundred  and  five  thousand 
pounds,  as  will  be  seen  when  I  come  to  render  a  more  par- 
ticular statement.  The  two  days  on  which  I  am  to  make 

.all  the  transfers  are  the  30th  of  this  month  and  6th  of  July. 
The  money  will  all  be  received  simultaneously. 

Immediately  afterwards  I  shall  take  measures  for  convert- 
ing the  whole  into  English  gold  coin,  having  finally  deter- 
mined that  this  is  the '"proper  mode  in  which  to  bring  the 
money  to  the  United  States,  under  the  trust  I  have  in  hand. 
It  appears  to  me  the  right  course  in  itself,  independent  of 

-any  question  of  exchange,  considering  the  peculiar  object 

-and  terms  of  the  law  of  Congress  of  the  1st  of  July,  1836, 
under  which  I  am  acting.  But  by  the  rate  of  exchange,  as 

•quoted  at  New  York  under  the  last  dates,  there  would  be  a 
gain  to  the  United  States,  by  the  best  calculations  I  can 
now  make,  (though  I  am  aware  how  exchange  is  ever  liable 
to  fluctuate,)  of  upwards  of  a  thousand  pounds  on  bringing 
over  the  money  in  gold  rather  than  remitting  it  in  bills. 
This  would  help  to  cover  the  commissions  on  shipping  the 
former,  effecting  insurance  upon  it,  and  paying  the  premium 

•of  insurance,  as  well  as  charges  for  freight  and  those  that 


74  SMITHSONIAN    BEQUEST. 

have  been  incurred  on  selling  the  stock.  All  these  opera- 
tions demand  mercantile  agencies  and  assistance,  to  which 
I  am  inadequate  in  my  own  person,  beyond  superintending 
them  and  seeing  that  they  are  rendered  justly.  I  will  take 
care  that  these  expenses  are  kept  within  limits  as  moderate 
as  possible,  consistently  with  having  the  business  regularly 
done  according  to  mercantile  usage  in  operations  of  the 
same  nature,  so  that  the  fund,  in  bearing  its  own  unavoid- 
able expenses,  may  be  encroached  upon  as  little  as  pos- 
sible. 

I  have  not  yet  been  able  to  get  from  the  solicitors  a  state- 
ment of  the  costs  of  the  suit,  but  will  not  fail  to  obtain  it 
before  I  embark.  The  final  payments  under  this  head,  and 
those  I  shall  be  called  upon  to  make  for  services  enumerated 
above,  can  scarcely  be  completed  but  at  the  last  moments 
of  my  stay;  hence  I  may  not  be  able  to  transmit  an  account 
of  them  to  you  until  I  arrive  at  New  York,  where  also  the 
freight  will  have  to  be  paid. 

In  reporting  to  you  the  final  decision  of  the  court,  1 
omitted  to  mention  some  particulars  not  at  first  accurately 
known  to  me,  but  necessary  to  be  now  stated,  viz :  £526- 
11s.  Qd.  were  decreed  to  be  paid  out  of  the  fund  to  Madame 
la  Batut,  as  her  arrears ;  £25  as  arrears  found  to  be  due  to- 
John  Fitall,  the  annuitant  under  the  will  ;  and,  lastly, 
£53  7s.  Qd.  as  due  for  the  use  of  certain  warehouse-rooms  in 
London.  The  two  first  items  explain  themselves,  after  all  I 
have  written.  The  third  has  reference  to  some  personal 
property  left  by  the  testator,  contained,  as  I  understand,  in 
thirteen  boxes  or  trunks  deposited  in  the  warehouse-rooms- 
specified.  I  have  had  no  opportunity  as  yet  of  examining  the 
contents  of  these  boxes,  but  am  informed  that  they  consist 
chiefly  of  books  unbound,  manuscripts,  specimens*  of  min- 
erals, some  philosophical  or  chemical  instruments,  and  a 
few  articles  of  table  furniture.  The  contents  of  the  whole 
are  supposed  to  be  of  little  intrinsic  value,  though  parta 
may  be  otherwise  curious.  As  all  now  belong  to  the  United 
States,  under  the  decree  of  the  court,  I  shall  think  it  properi 
to  have  them  shipped  when  the  gold  is  shipped,  paying  all 
reasonable  charges. 

^  Having  more  than  once  spoken  of  the  possibility  of  ficti- 
tious claimants  starting  up  for  the  Smithsonian  bequest,, 
perhaps  I  may  here  be  allowed  to  mention  what  the  solicitors 
have  informed  me  of,  viz  :  that  since  the  decision,  two  claim- 
ants have  presented  themselves  at  their  office,  neither  having 


SMITHSONIAN    BEQUEST.  7& 

any  connexion  with  the  other.  When  the  decision  was  pro- 
nounced, the  sura  recovered  was  also  proclaimed  in  the 
London  newspapers,  which  had  probably  awakened  these 
claimants  into  life.  The  solicitors  add  that  one  of  them 
desired,  somewhat  importunately,  to  know  if  the  case  could 
not  be  reheard  in  court?  It  is  needless  to  remark  that  ha 
was  told  he  was  a  little  too  late  in  his  application. 

I  will  use  this  opportunity — the  last  I  may  perhaps  have 
of  writing  to  you  before  I  embark,  from  the  engagements 
likely  to  press  upon  me  in  getting  the  fund  ready  for  ship- 
ment and  clearing  off  all  necessary  expenses — to  say  a  word 
of  our  professional  advisers.  Of  the  counsel  I  selected  it  i» 
unnecessary  for  me  to  speak;  their  established  reputation 
in  the  highest  department  of  their  profession  putting  them 
above  any  testimonial  from  me.  But  of  the  solicitors,  as 
they  move  in  one  of  its  less  conspicuous  fields,  I  will  barely 
take  the  liberty  of  saying  that  more  attention,  diligence, 
discretion,  and  integrity  could  not,  I  believe,  have  been  ex- 
erted by  any  persons  than  they  have  shown  throughout  the 
whole  suit,  from  first  to  last.  Could  they  ever  have  for- 
gotten what  was  due  to  the  United  States  and  to  themselves, 
in  the  desire  to  eke  out  a  job,  nothing  is  plainer  to  me,  from 
what  has  been  passing  under  my  observation  of  the  entan- 
glements and  delays  natural  to  a  heavy  suit  in  the  English 
court  of  chancery,  than  they  might  have  found  opportunities 
in  abundance  of  making  this  suit  last  for  years  yet  to  come. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant,  RICHARD  RUSH. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 

Clarke,  Fynmore  $  Fladgate  to  Richard  Rush. 

CRAVEN  STREET,  July  5,  1838. 

DEAR  SIR  :  At  the  time  of  the  decease  of  the  late  Henry 
James  Hungerford,  Esq.,  which  happened  on  the  5th  June, 
1835,  there  was  standing  in  the  name  of  the  accountant 
general  of  the  court  of  chancery,  to  the  credit  of  the  cause 
Hungerford  vs.  Drummond,  the  several  sums  following, 
viz  : 

£62,739  19s.  2d.  bank  £3  per  cent,  annuities  ; 
12,000     0     0      £3  per  cent,  reduced  annuities  ; 
16,100     0     0     bank  stock. 

And  if  these  several  funds  had  then  been  sold,  they  would 
have  realized  the  sum  of  £102,991,  or  thereabouts;  but 


76  SMITHSONIAN    BEQUEST. 

owing  to  the  proceedings  which  were  necessary  to  be  insti- 
tuted in  the  court  of  chancery,  the  funds  were  not  trans- 
ferred into  your  name  until  the  5th  June,  1838.  We  are 
happy  to  inform  you  that,  notwithstanding  this  delay,  no 
loss  has  been  occasioned  to  the  United  States,  as,  according 
to  the  market  prices  of  the  funds  on  the  last-mentioned 
day,  the  funds  were  then  worth  £103,888,  being  an  excess 
of  £897  beyond  the  value  on  the  5th  June,  1835,  the  date 
of  Mr.  Hungerford's  death. 

The  whole  of  the  costs  of  the  chancery  suit  amounted  to 
£723  7s.  11^.,  so  that  the  increase  in  the  value  of  the  funds 
was  sufficient  to  pay  the  whole  of  these  costs,  and  leave  a 
surplus  of  £173  12-s.  Id. 

In  making  out  the  above  statement,  the  dividends  upon 
the  fund*  have  not  been  taken  into  account,  but  the  United 
States  receive  them  in  addition  to  the  original  fund. 

The  United  States  do  not,  however,  receive  the  whole 
amount  of  such  dividends  now,  as  a  portion  of  them  was 
invested  in  stock,  of  which  £5,015  has  bec-n  appropriated  to 
answer  an  annuity  of  £150  9s.  to  Miidume  de  la  Batut,  upon 
whose  decease  the  same  will  become  the  property  of  the 
United  States. 

The  sums  in  court,  at  the  last  hearing  of  the  cause,  were 
as  follows,  viz  : 

£62,739  19s.  2d.  bank  three  per  cent,  annuities ; 

6,810  19     7     like  annuities; 
12,000    0     0     reduced  annuities ; 
16,100    0    0    bank  stock  ; 
1,765     2    0     cash; 
204     6     8     cash; 

These  sums  have  been  appropriated  as  follows,  viz : 
£62,739  19s.  Id.  bank  £3  per  cent,  annuities  ; 

1,795  19     7     part  of  £6,810  19s.  Id.  like  annuities  ; 


£64,535  18     9     bank  3  per  cent,  annuities  ; 
12,000    0     0     reduced  annuities; 


Trans'd  into 
the  name  of 
R'd.  liu>h, 
Esq. 

16,100    0    0     bank  stock; 
5,015    0     0    reduced  bank  annuities,  residue  of  £6,810  19s.  Id. 
retained  in  court  to  answer  annuity  to  Madame  de 
la  Batut ; 

406     3     0    paid  to  plaintiff's  solicitors  for  their  costs  ; 
162  15     5    paid  to  defendants'  solicitors  for  costs  ; 
53     7     6     paid   to   plaintiff's   solicitors   for    warehouse-room, 

paid  by  them  to  Messrs.  Deacon  ; 

626  11     6     paid  to  Madame  de  la  Batut  for  arrears  of  her  an- 
nuity ; 

25    0     0    paid  to  Mrs.  Fitall  for  arrears  of  annuity  ; 
/O     7     8     paid  to  solicitor  for  defendant  the  attorney  general, 

for  costs  ; 
725     3     7     balance  of  cash  paid  to  K.  Hush,  Esq. 


SMITHSONIAN    BEQUEST.  77 

Herewith  we  send  you  a  complete  copy  of  our  bill  of  costs, 
amounting  altogether  to  £490  4s.  lOd. ;  and  we  have  re- 
ceived the  following  sums  on  account  of  costs,  viz  : 

£  s.  d. 
April  10,  1837,  of  Kichard  Rush,  Esq 200  4  0 

June  11,  1838,  of  accountant  general,  for  plaintiff's  taxed  costs 406  3  0 

606  7  0 

The  latter  sum  exceeding  our  bill  of  costs  by  £116  2s.  2d., 
leaves  us  in  debt  to  the  United  States  to  that  amount,  for 
which  we  beg  leave  to  enclose  our  check. 

We  may  here  remind  you  of  the  information  on  the  sub- 
ject of  costs,  which  we  had  before  given  you  verbally,  viz  : 
that  the  court  allows  against  the  fund  certain  ordinary 
costs ;  and  such  costs  have  been  received  by  us  from  the 
accountant  general,  as  before  stated.  In  consequence,  how- 
ever, of  the  line  of  conduct  adopted  by  us,  under  your 
own  directions,  to  ensure  a  speedy  and  successful  termina- 
tion of  the  suit,  some  small  extra  costs  have  been  incurred 
beyond  what  are  considered  ordinary  costs. 

We  have,  as  you  requested,  had  a  lock  placed  upon  the 
trunk*  in  our  possession,  having  previously  deposited  therein 
the  several  articles  of  plate  and  other  matters,  which  we 
mentioned  to  you  as  being  in  our  possession,  and  of  which 
articles  we  enclose  you  a  list. 

We  are,  dear  sir,  your  faithful  and  obedient  servants, 
CLARKE,  FYNMORE  &  FLADGATE. 

P.  S.  We  also  return  to  you  the  memoranda  which  you 
left  with  us  as  to  the  stock. 


Clarke,  Fynmore  $  Fladgate  to  Eichard  Rush. 

CRAVEN  STREET,  July  11,  1838. 

DEAR  SIR  :  We  have  made  the  affidavit  which  you  re- 
quired to  verify  the  bill  of  costs,  and  which  we  now  return 
to  you. 

We  also  send  you  the  original  order  on  further  directions^ 
under  which  the  several  transfers  of  the  funds  have  been 
made  into  your  name.  This  order  has  the  initials  of  the 
registrar,  as  also  of  the  entering  clerk,  placed  at  the  foot  of 

*  One  of  the  14  mentioned  in  my  despatch  No.  32, 


78  SMITHSONIAN    BEQUEST. 

it;  this  being  the  mode  adopted  in  the  court  of  chancery  to 
show  the  authenticity  of  their  orders. 

We  also  send  you  a  transcript  from  the  books  of  the  ac- 
countant general,  certified  by  Mr.  Lewis  to  be  a  true  copy, 
Mr.  Lewis  being  the  clerk  whose  duty  it  is  to  make  such 
transcript.  The  sum  of  £70  7s.  8d.,  appearing  still  to  re- 
main on  the  general  credit  of  the  cause,  is  reserved  for  the 
costs  of  the  attorney  general,  and  will  be  paid  over  to  his 
solicitor  upon  his  applying  for  the  amount;  and  the  cash 
standing  to  the  account  of  Sirs,  de  la  Batut  is  for  the  arrears 
of  her  annuity,  and  wrill  be  paid  to  her. 

We  have  seen  Mr.  Deacon  upon  the  subject  of  his  charge 
for  warehouse-room  beyond  the  24th  ultimo,  and  have  paid 
him  for  the  same  £2 ;  and  we  have  also  paid  4s.  Qd.  for 
swearing  to  our  bill  of  costs,  which  is  the  whole  of  our 
•demand  against  you. 

Mr.  Deacon  informed  us  when  we  saw  him  that  he  had 
in  his  possession  a  painting  belonging  to  the  estate,  and 
which  he  promised  should  be  sent  over  to  your  house,  and 
which  we  presume  he  has  done;  but  should  he  not  have 
done  so,  perhaps  you  will  be  good  enough  to  apply  to  him 
for  it. 

We  will  thank  you  to  send  us  an  acknowledgment  for  the 
different  boxes  we  have  handed  you. 

We  are,  dear  sir,  your  very  faithful  servants, 

CLARKE,  FYNMORE  &  FLADGATE. 

RICHARD  RUSH,  Esq. 


SMITHSONIAN    BEQUEST. 


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SMITHSONIAN    BEQUEST. 


The  President  of  the  United  States  of  America  vs.  Dmmmond* 

The  account  of  the  annuitant  Mary  Ann  de  la  Batut. 
DR.  CR- 


1838. 

June  2.  By  the  President  of  the  United 
States  of  America  vs.  Drum- 
mond,  for  the  bank  £3  per 
cent,  annuities  brought  over 

June  7.  By  the  said  cash  for  cause, 

brought  over £526  11  G 

July  11.  By  cash  received,  six  months 
interest  on  £5,015,  bank  £3 
per  cent,  annuities 75  4  6 


£5,015 


I  do  hereby  certify  this  to  be  a  true  copy  of  the  books  of  the  accountant 
general  of  the  high  court  of  chancery. 

BKNJ.  LEWIS, 

Clerk  of  the  above  accountant  general. 
CHANCERY  LANE,  July,  1838. 


IN  CHANCERY. 

Between  the  President  of  the  United  States  of  America,  Plaintiff, 

and 
Charles  Drummond  and  Her  Majesty's  Attorney  General,  Defendants, 

The  bill  of  costs  of  the  above-named  plaintiff  in  this  suit  and 
incidental  thereto. 


Sept.  16,  1836.— Mr.  Fladgate's  attendance  on  Mr.  Rush,  on 
the  part  of  the  United  States,  at  the  Portland  hotel,  by  ap- 
pointment, when  Mr.  Rush  requested  that  two  of  the  firm 

should  at  least  attend 

Writing  to  Mr.  Rush,  fixing  appointment  for  conference  with 

him  on  Tuesday,  at  11  o'clock 

Sept.  20. — Mr.  Clarke  and  Mr.  Fladgate's  attendance  on  Mr. 
Rush,  fully  explaining  to  him  the  course  which  it  apppared 
to  us  should  be  taken  on  the  part  of  the  executors  to  bring 
the  claim  of  the  United  States  under  consideration,  and  also 
the  necessity  of  making  Madame  de  la  Batut  and  the  attor- 
ney general  parties  ;  and  reading  to  him  the  case  laid  before 
Mr.  Stuart,  and  his  opinion,  of  which  he  wished  to  have  a 

"copy 

Copy  case  and  opinion  for  him 

Attending  him  therewith 

Oct.  3. — Writing  to  Mr.  Rush,  in  reply  to  letter  from  him 

Oct.  7.— Writing  to  Mr.  Rush,  to  fix  appointment  for  confer- 
ence on  Thursday  next 

Oct.  10— Mr.  Clarke  and  Mr.  Fladgate's  attendance  on  Mr. 
Rush,  by  appointment,  to  peruse  case  drawn  out  by  him  for 
counsel  to  advise  the  American  Government  as  to  course 
to  be  pursued  to  obtain  payment  of  the  fund  in  court,  and 


d. 


6     8 
5    0 


5    0 


SMITHSONIAN   BEQUEST.  81 

£    s.  d. 

advising  as  to  the  counsel  to  be  retained,  and  received  direc- 
tions to  submit  case  to  Mr.  Pemberton  and  Mr.  Jacob :__  168 

Paid  coach-hire 1     6 

Oct.  11. — Looking  through  the  papers  in  our  possession,  to 
compare  them  with  statement  in  Mr.  "Rush's  case,  and  alter- 
ing the  latter  in  one  or  two  particulars,  engaged  two  hours,  110 

Two  copies  of  case  for  counsel,  four  sheets  each 168 

Two  copies  of  act  of  American  Congress,  to  accompany  same, 

three  sheets  each 100 

One  copy  of  order  on  further  directions  in  the  cause  of  Hun- 
gerford  vs.  Drummond,  also  to  accompany  case,  to  show  the 

precise  position  of  the  funds  in  court 110 

Attending  at  Doctor's  Commons  to  bespeak  an  office-copy  will 

of  Mr."Smithson  for  Mr.  Rush,  at  his  request 6     8 

Attending  afterwards  to  examine  and  procure  same 6     8 

Paid  for  same 6     4 

Oct.  13. — Writing  to  Madame  de  la  Batut,  as  to  her  demands, 
and  requesting  her  to  appoint  a  solicitor  here  to  act  in  the 

suit  about  to  be  instituted  by  the  United  States 5    0 

Attending  Mr.  Kush  with  theVair  copies  of  cases  for  his  peru- 
sal and  signatures,  and  we  also  returned  him  his  authority, 

and  handed  him  office-copy  will 13     4 

Attending  Mr.  Pemberton  with  case 6     8 

Fee  to  him  therewith,  and  clerk 11     0    6 

Fee  to  him  for  conference  with  Mr.  Jacob,  and  clerk 296 

Attending  to  get  same  appointed 6     8 

Fee  to  Mr.  Jacob  with  case,  and  clerk 8  15    0 

Attending  him  therewith  and  thereon 6     8 

Fee  to  him  for  conference,  and  clerk 246 

Attending  to  inform  him  of  time  appointed 6     8 

Nov.  2. — Attending  consultation,  Mr.  Kush  being  present, 
when  the  course  to  be  pursued  on  behalf  of  the  United 
States  was  very  fully  considered,  and  it  was  determined 
that  a  supplemental  bill  should  be  filed  in  the  name  of  the 
President  of  the  United  States  of  America,  and  the  attorney 
general  made  a  defendant,  and  counsel  promised  to  write 

their  opinion 220 

Nov.  5. — Copy  of  opinion  for  Mr.  Rush 5    0 

Writing  to  him,  with  same 5     0 

Nov.  14. — Mr.  Clarke  and  Mr.  Fladgate's  attendance  upon 
Mr.  Rush,  as  to  the  bill  proposed  to  be  filed,  and  his  sugges- 
tions as  to  the  possibility  of  an  abatement  from  the  want  of 
a  plaintiff,  and  explaining  the  course  of  practice  to  him 168 

MICHAELMAS  TERM,  1836. 

Instructions  for  bill 13     4 

Drawing  same,  folios  30 1  10     0 

Paid  fee  to  Mr.  Shadwell  to  settle  and  sign,  and  clerk 2     46 

Attending  him 6     8 

Attending  M,r.  Shadwell,  advising  hereon  and  as  to  Madame 
de  la  Batut's  claim,  and  explaining  the  same  fully  to  him, 
and  conferring  on  several  points  arising,  and  particularly  on 

the  nature  of  the  property  left  by  Mr.  Smithson 6     8 

Fair  copy  bill  for  Mr.  Pemberton  to  peruse  and  finally  settle, 

folios  30 10    0 

Fee  to  him  and  clerk 246 

Attending  him 6     8 

Attending  Mr.  Pemberton,  appointing  a  conference  hereon  at 

Westminster 6    8 

6 


82  SMITHSONIAN    BEQUEST. 

£    .1.  d. 

Paid  fee  to  Mr.  Pemberton  and  clerk  thereon 296 

The  like  to  Mr.  Shadwell  and  clerk 1     3  6 

Attending  him 6  8 

Writing  to  Mr.  Kush  informing  him  thereon 5  0 

Attending  consultation,  Mr.  Rush  being  present,  at  Westmin- 
ster, when  it  was  determined  not  to  make  Madame  de  la 

Batut  a  party  to  suit 168 

Paid  for  room 5  0 

Attending  Mr.  Shadwell  afterwards  to  procure  draught  bill 

as  settled 6  8 

Engrossing  bill 15  0 

Paid  for  parchment 10  0 

Paid  filing  bill 7  4 

Attending,  bespeaking,  and  afterwards  for  office-copy  bill  to 

serve  on  the  attorney  general 6  8 

Paid  for  same 150 

Attending  the  attorney  general  therewith 6  8 

Drawing   praecipe   for   subpoena    against  defendant,    Charles 

Drummond,  and  attending  to  bespeak,  and  for  same 6  8 

Paid  for  subpO3na,  and  making  copy  to  serve 5  10 

Fee  on  obtaining,  and  undertaking  to  appear  for  defendant, 

Drummond 6  8 

Nov.  20. — Attending  Mr.  Wray  to  press  for  answer  of  attor- 
ney general,  and  explaining  to  him  the  reason  of  our  urging 
the  same,  when  he  promised  to  prepare  answer  immediately  ; 
Mr.  Rush's  invariable  direction  to  us  being  to  use  all  prac- 
ticable speed  touching  every  point  of  the  proceedings 6  8 

The  defendant,  Charles  Drummond,  wishing  his  answer  to  be 

taken  without  oath  or  signature,  the  solicitor's  fee  thereon 6  8 

Drawing  and  engrossing  petition  for  same 4  0 

Attending  the  defendant's  clerk  in  court,  and  obtaining  his 

consent  thereto 6  8 

Attending  to  present  the  same 6  8 

Paid  answering,  and  for  order,  and  entering 7  0 

Copy  and  service  of  order 2  0 

Writing  to  Mr.  Rush  to  inform  him  when  it  was  likely  the 

cause  would  be  heard _* 5  0 

Paid  for  office-copy  answer  of  defendant,  Charles  Drummond, 

folios  16 13  4 

Close  copy 5  4 

Attending  Messrs.  Derby  and  Raven  to  inform  them  answer 
of  defendant,  Drummond,  was  filed,  and  to  request  them  to 

lose  no  time  in  putting  in  answer  of  attorney  general 6  8 

January,  1837.— Several  attendances  upon  Messrs.  Derby  and 
Raven  and  Mr.Wray  to  urge  the  filing  of  the  attorney  gen- 
eral's answer,  which  was  at  length  done 13  4 

Paid  for  office-copy  answer  of  attorney  general,  folios  4 3  4 

Close  copy 1  4 

Term  fee,  clerk  in  court  and  solicitor 16  8 

Letters  and  messengers 5  0 

Abbreviating  bill  and' answer,  folios  50  in  all.! 11111111'!  16  8 

Making  two  briefs  of  pleadings,  5  sheets  each 113  4 

Paid  for  certificate  of  pleadings 3  4 

Attending  for  same 6  8 

Paid  for  setting  down  cause  and  attending! !!!!_!!!!!!!  158 

Drawing  prsecipe  for  subpoena  to  h<;ar  judgment,  and  attend- 
ing for  same g  3 

Paid  for  same  and  copy 5  10 

Service  on  the  clerks  in  court 5  0 


SMITHSONIAN    BEQUEST.  83 

HILARY  TERM,  1837. 

£    s.  d. 

Affidavit  of  service,  &c 3     4 

Oath 1     6 

Paid  filing  affidavit 6     2 

Copy  title  and  prayer  of  bill  for  judge 2     6 

Attending  to  bespeak,  and  afterwards  for  certificate  of  funds 

in  court  in  original  suit 6     8 

Drawing  observations  to  annex  to  plaintiff's  briefs,  4  brief 

sheets 168 

Two  briefs  copies  thereof 168 

Two  copies  order  on  further  directions  in  original  suit,  to  ac- 
company briefs,  7  sheets  each 268 

Attending  Mr.  Rush  on  his  handing  us  the  act  of  Congress 
authorizing  him  to  act,  and  on  his  instructing  us  to  let  a 

copy  of  the  same  accompany  the  briefs 6     8 

Two  brief  copies  same,  3  sheets  each 100 

Drawing  proposed  minutes  of  orders 5     0 

Fee  to  Mr.  Shadwell,  to  settle  same 136 

Attending  him 6     8 

Two  fair  copies  minutes  to  annex  to  briefs 5     0 

Two         do.         for  defendants 5     0 

Attending  them  therewith  and  thereon 6     8 

Attending  the  defendant's  solicitors  ;  obtaining  their  consent 

to  have  cause  heard  short 13     4 

Attending  Mr.  Shadwell,  and  obtaining  his  certificate  thereof-  6     8 
Attending   registrar    therewith,   and    getting   cause   marked 

short,  and  put  in  the  next  short-cause  paper 6     8 

Fee  to  Mr.  Pemberton  and  clerk,  with  brief 6  10     0 

Attending  him 6     8 

The  like  to  Mr.  Shadwell  and  clerk 356 

Fee  to  Mr.  Pemberton  and  clerk,  on  conference  as  to  the  prac- 
ticability of  having  cause  short 160 

Attending  him 13     4 

Attending  appointing  consultation 6     8 

Fee  to  Mr.  Pemberton  and  clerk 296 

Attending  him 6     8 

Like  to  Mr.  Shadwell  and  clerk 136 

Attending  him 6     8 

"Writing  Mr.  Rush,  informing  him  thereof 5     0 

Attending  consultation  at  Westminster,  Mr.  Clarke  and  Mr. 

Fladgate 168 

Paid  for  room  and  cab-hire_ ; 7     6 

Attending,  ascertaining  if  the  several  articles  mentioned  in 
the  master's  report  in  the  original  cause  were  safe,  and  com- 
paring same  with  the  schedule__ 13  4 

Two  brief  copies  schedules  to  annex  to  brief,  at  Mr.  Rush's 

request 10    0 

Attending  bespeaking  transcript  of  the  account  in   original 

suit 6     8 

Paid  for  same 140 

Writing  Mr.  Rush,  informing  him  when  cause  would  be  in 

the  paper 5    0 

Mr.  Clarke  and  Mr.  Fladgate  attending  court,  cause  heard 
and  decreed  according  to  minutes  agreed  on,  with  liberty 
for  plaintiff  to  amend  his  "bill  by  adding  the  act  of  Con- 
gress   220 

Paid  court  fees 13     0 

Attending  Mr.  Rush  afterwards,  and  explaining  proceedings 

to  him__  13    4 


84  SMITHSONIAN   BEQUEST. 

£    s.  d. 

Drawing  petition  to  amend  bill 4     0 

Attending  to  present  same . 6     8 

Paid  answering,  and  for  order  and  entering 7     0 

Two  copies  and  services  of  order 5     0 

Instructions  to  amend 13     4 

Drawing  amendments,  folios  6 G     8 

Fee  to  Mr.  Shadwell  and  clerk,  to  settle  and  sign 136 

Attending  him 6     8 

Engrossing  amended  bill,  folios  36 18     0 

Paid  for  parchment 10     0 

Paid  filing 7    4 

Abbreviating  amended  bill,  folios  86 12     0 

Two  brief  copies  of  amendments  for  counsel 10     0 

Paid  for  ofiice-copy  amended  bill,  to  serve  on  the  attorney 

general,  folios  36 1  10     0 

Attending  Messrs.  Derby  &  Co.,  therewith  and  thereon 6     8 

Fee  to  Mr.  Pemberton  and  clerk,  with  amended  bill 2     4    .6 

Attending  him 6     8 

The  like  to  Mr.  Shadwell  and  clerk 136 

Attending  him 6     8 

Drawing  praecipe  for   subpoena,   and   attending    to   bespeak 

same 6     8 

Paid  for  same,  and  making  copy  to  serve 6  10 

Service  on  clerk  in  court 5     0 

Attending  registrar,  and  getting  cause  put  in  the  paper 6     8 

Writing   to   solicitors   for   the   defendants,    informing    them 

thereof 10    0 

Attending  court  order  made 168 

Paid  court  fees 13     Q 

Instructions  for  petition  to  lay  out  £6,172  9s.,  cash  accumu- 
lated in  Hungerford  vs.  Drummond 6     8 

Drawing  same,  folios  40 200 

Fee  to  Mr.  Shadwell  and  clerk,  to  peruse  and  settle  same"___  246 

Attending  him g     g 

Engrossing  petition  to  present,  as  settled,  folios  30 10     0 

Copy  for  the  master  of  the  rolls 10     0 

Attending  to  present  same 6     8 

Paid  answering H     Q 

Two  copies  petition  to  serve ~"~~~.  100 

Attending  serving  same '."._._.  4     0 

Two  brief  copies  for  counsel,  3  brief-sheets  each 100 

Drawing  observations  to  annex  to  brief  petition,  2  sheets  ..  13     4 

Two  fair  copies _  13     4 

Drawing  and  engrossing  affidavit  of  service  of  petition ._  4  10 

Paid  oath t  j     2 

Paid  filing  and  for  office  copy I~"  6     6 

Fee  to  Mr.  Shadwell  and  clerk  therewith 246 

Attending  him g     g 

Attending  accountant  general  for,  and  obtaining  certificate"'  6     8 

Attending  court  petition  heard,  and  ordered  as  prayed  13     4 

Paid  court  fees 13     0 

Writing  Mr.  Bush,  at  his  request,  a  report  of 'the  proceedings 

in  court 5     O 

Paid  for  minutes  of  order 2     0 

Xllose  copy 

Attending  settling ~'  g     Q 

Paid  for  order 200 

Attending  passing g     g 

Paid  entering 4    A 


SMITHSONIAN    BEQUEST.  85 

£     s.    d. 

Drawing  request  to  accountant  general 2     6 

Attending  bespeaking  investment 6     8 

Paid 4    0 

Paid  for  copy  of  minutes  of  decree 3     0 

•Olose  copy 1     6 

Attending  settling 13     4 

Copy  of  minutes  for  Mr.  Rush,  and  writing  him  therewith 

and  thereon 6     6 

Paid  for  decree 4  10     0 

Attending  passing 13     4 

Paid  entering 4    0 

Attending 6     8 

Attending  at  the  public  office,  to  obtain  the  name  of  the  master 

in  the  original  cause 6     8 

Paid  master's  clerk 1     0 

Making  copy  title,  and  ordering  part  of  decree  for  the  master  5     0 

Warrant  to  consider  decree,  two  copies,  and  services 6     0 

"Writing  Mr.  Rush,  informing  him  thereof,  in  order  to  ensure 

his  attendance 6    0 

Attending  warrant  when  master  ordered  the  usual  advertise- 
ment to  be  issued,  and  a  state  of  facts,  &c.,  to  be  brought  in 
as  to  Madame  Batut's  claim,  and  stated  that  he  could  not 
direct  inquiries  to  be  made  at  Pisa,  as  to  the  death  of  Mr. 
Hungerford,  but  would  allow  the  costs  thereon  if  instituted-  13  4 

Attending  at  Stepney  church  to  search  for  burial  of  John 

Fitall,  but  found  he  was  not  buried  there 110 

Paid  search  and  coach  hire 2     6 

Attending  Mrs.  Fitall,  but  she  declined  giving  any  informa- 
tion, as  the  last  quarterly  payment  had  not  been  made 6  8 

-Attending  at  various  places  in  the  neighborhood  to  inquire 
where  he  was  buried,  when  some  persons  said  in  the  country, 
others  at  Fletcher's  chapel,  and  others  at  Saint  George's  in 
the  East,  and  ultimately  discovered  a  relative,  who  informed 

us  that  he  was  buried  at  Shadwell 13     4 

.Attending  at  Shadwell  church,  clergyman  and  clerk  both  out, 

and  could  not  search 13     4 

Paid  coach  hire 5    0 

Attending  bespeaking  advertisement  as  to  Mr.  Hungerford's 

death 6     8 

"Paid  master's  clerk 110 

Attending  bespeaking  advertisement  as  to  Madame  de  la  Ba- 
tut's claim 6  8 

. Paid  master's  clerk 110 

.Attending  at  Shadwell,  searching  for  and  obtaining  certificate 

of  Mr.  Fitall's  death 110 

Paid  for  certificate  and  omnibus  hire 5    0 

Instructions  for  affidavit  verifying  extract 6     8 

Drawing  same,  folics  8 8     0 

Engrossing  same 2     8 

Attending  swearing 6     8 

Paid  oath  and  exhibit : 4     0 

Drawing  and  fair  copy  state  of  facts  as  to  Fitall's  death,  folios 

12 8    0 

Warrant  on  leaving  same,  copy,  and  service 6     0 

.Attending  Mr.  Cullington,  Mrs.  Fitall's  solicitor,  as  to  iden- 
tity of  John  Fitall,  when  he  promised  to  see  his  client 

thereon,  and  let  us  know  the  result 6     8 

-Attending  at  the  Gazette  office,  to  get  advertisement  as  to  Mr. 

Hungerford's  death  inserted 6     8 


86  SMITHSONIAN    BEQUEST. 

£    s.  d. 

Paid,  and  for  Gazette 182 

Attending  at  the  Gazette  office,  to  get  advertisement  as  to  Mrs. 

Batut's  claim  inserted 6     8 

Paid  for  insertion 110 

Copy  of  advertisement  as  to  Hungerford's  death,  for  Times 

newspaper 2     6 

Attending  inserting  same 6     8 

Paid  insertion 16     5 

The  like  for  Morning  Herald 9     2 

Paid  insertion,  &c. 16     5 

The  like  for  Standard 9     2 

Paid  insertion,  &c. 16     6 

Copy  of  advertisement  as  to  Mrs.  Batut's  claim,  for  tho  Times 

newspaper 2     6 

Attending- inserting  same 6     8 

Paid  insertion 16     0 

The  like  for  Morning  Herald 9     2 

Paid  insertion,  &c. 16  .0 

The  like  for  Standard 9     2 

Paid  for  insertion,  &c _' lt>    0 

Several  attendances  in  the  city,  as  to  the  best  mode  of  insert- 
ing the  advertisement  in  foreign  papers,  and  as  to  getting 

same  translated,  &c 110 

Making  copies  of  advertisements,  to  got  translated  into  French 

and  Italian 5     0 

Attending  translation  therewith,  and  afterwards  for  same 13     4 

Paid  them 266 

Making  twelve  copies  for  insertion  in  foreign  papers 1  10     0 

Attending  Mr.  Deacon,  the  newspaper  agent,  therewith,  and 

instructing  him  thereon 13     4 

Paid  for  foreign  advertisements 12     2  11 

Attending  paying  same,  and  for  receipt 6     8 

The  proprietors  of  the  Times  newspaper  having  made  an  error 
in  the  name  of  Mr.  Hungerford :  attending  at  their  office 
and  rectifying  same,  and  giving  instruction  for  another  in- 
sertion    6  8 

Attending  Mr.  Deacon  to  ascertain  if  he  had  corr respondent 
at  Leghorn  to  whom  we  could  forward  instructions  to  obtain 
the  information  of  Mr.  Hungerford's  death,  and  obtaining 

the  direction  of  same Q     g 

Writing  very  long  and  special  letter  to  Madame  Batut  as  to 
her  claim  on  the  estate,  and  requiring  the  necessary  proof, 

and  requesting  information  as  to  her  son's  death,  &c 7     6 

Copy  same,  to  keep  as  evidence 5     Q 

Writing  Mr.  Rush,  with  Mrs.  Batut's  answer  _IIIIII__I_IIII  5     0 
Attending  at  Gazette  office  to  get  advertisements  as  to  Mr. 

Hungerford's  death  inserted  second  time 6     8 

Paid  for  Gazette  and  insertion "II  182 

Copy  advertisement  for  Times  newspaper_II~IIIIIIIIIIII_II  2     6 

Attending  inserting  same 6     8 

Paid  insertion,  &c 16     5 

The  like  for  Morning  Herald "II  9     2 

Paid  insertion,  &c 16     5 

The  like  for  Standard IIII.IIII  9     2 

Paid  insertion,  &c jg     5 

Attending  at  Gazette  office  to  get  advertisement~as"  to'claim  of 

Madame  de  la  Batut  inserted  a  second  time__.  6     8 

Paid  for  insertion 110 

Copy  advertisement  for  Times  newspaperl'IIIII]!  2     6 


SMITHSONIAN    BEQUEST.  87 

£    s.  d. 

Attending  inserting  same •  6     8 

Paid  insertion 16     Q 

The  like  for  Morning  Herald 9     2 

Paid  for  insertion,  &c 16     o 

The  like  for  Standard r 9     2 

Paid  for  insertion,  &c 16     Q 

Term  fee 1     1     g 

EASTER  TERM,  1837. 

Attending  Mr.  Cullington  to  know  if  he  could  identify  Mr. 
Fitall,  which  he   declined  doing  unless  the  arrears  of  the 

annuity  were  paid 6     8 

Attending  bespeaking  peremptory  advertisement  as  to   Hun- 
ger ford's  death 1 6     8 

Paid  master's  clerk 110 

The  like  charges  as  to  Madame  Batut's  claim 178 

Attending  Mr.  Rush  with   Madame  de  la  Batut's  letter,  and 
conferring  thereon,  when  he  agreed  with  us  in  thinking  that 

she  had  abandoned  all  claim  under  the  estate 6     8 

Attending  at  Gazette  office  to  get  peremptory  advertisement 

inserted  as  to  Mr.  Hungerford's  death 6     8 

Paid  for  Gazette  and  insertion 182 

Copy  advertisement  for  Times  newspaper 2     6 

Attending  inserting  the  same 6     8 

Paid  insertion,  &c 16     5 

The  like  for  Morning  Herald 9     2 

Paid  insertion,  &c 16     5 

The  like  for  Standard 9     2 

Paid  insertion,  &c 16     5 

Attending  at  Gazette  office  to  get  peremptory  advertisement 

as  to  claim  of  Madame  de  la  Batut  inserted 6     8 

Paid  insertion 110 

Copy  of  advertisement  for  Times  newspaper 2     6 

Attending  inserting  same 6     8 

Paid  insertion 16     0 

The  like  for  Morning  Herald— 9     2 

Paid  insertion 16     0 

The  like  for  Standard  9     2 

Paid  insertion 16     0 

Attending  at  Gazette  office  to  get  peremptory  advertisement 

inserted  a  second  time  as  to  death  of  Mr.  Hungerford 6     8 

Paid  for  Gazette  and  insertion 182 

Copy  advertisement  for  Times 2     6 

Attending  inserting  same 6     8 

Paid  insertion,  &c 16     5 

The  like  for  Morning  Herald 9     2 

Paid  insertion,  &c 16     5 

The  like  for  Standard 9     2 

Paid  insertion,  &c 16     5 

Attending  at  the  Gazette  office  to  insert  the  peremptory  adver- 
tisement a  second  time  as  to  claim  of  Madame  de  la  Batut-  6     8 

Paid  for  insertion  and  Gazette 110 

Copy  advertisement  for  Times 2     6 

Paid  insertion 16     0 

The  like  for  Morning  Herald 9     2 

Paid  insertion 16     0 

The  like  for  Standard 9     2 

Paid  insertion 16'    0 

Attending  at  Mr.  Deacon's  to  ascertain  if  any  of  the  foreign 


.88  SMITHSONIAN    BEQUEST. 

£    s.  d. 
papers  had  arrived,  when  he  handed  us  three  of  the  French 

papers  which  he  had  only  received  that  morning 6     8 

Perusing  and  examining  same,  and  ascertaining  they  were  full 
of  errors;  attending  Mr.  Deacon  again,  and  correcting  same, 

and  requesting  him  to  get  same  correctly  inserted 13     4 

Writing  Madame  de  la  Batut,  in  answer  to  her  last  letter,  and 
requesting  any  information  she  could  give  as  to  the  death  of 

Mr.  Hungerford 5     0 

Making  two  copies  of  peremptory  advertisement  to  get  trans- 
lated into  French  and  Italian 5  0 

Attending  translators  therewith,  and  afterwards  for  same 

Paid  them 266 

Making  12  copies  for  insertion  in  the  foreign  papers  ___  1  10    0 

Attending  Mr.  Deacon  therewith,  and  instructing  him  thereon  13     4 

Paid  for  foreign  advertisements 12     3     0 

Writing  long  letter  to  Mrs.  Batut,  in  answer 5     0 

Attending  paying  for  foreign  advertisements  and  for  receipts.  6  8 
Attending  Mr.  Batut  in  very  long  conference,  when  he  urged 
the  claim  of  Madame  de  la  Batut ;  but  we  informed  him  we 
had  no  discretion  to  apply  the  funds,  except  under  the  direc- 
tion of  the  court,  and  told  him  to  carry  in  a  claim  before 
the  master  ;  when  he  stated  u  he  would  submit  certain  docu- 
ments of  evidence  material  to  the  plaintiff's  case,  for  an  in- 
spection at  half-past  10  o'clock  next  day" 13  4 

Paid  for  oaths  of  Messrs.  Clarke,  Fynmore,  and  Fladgate  to 

three  copies  of  bill  delivered  to  Mr.  Rush    13     6 

April  29. — Attending  Mr.  Batut  for  upwards  of  two  hours, 
when  he  appeared  desirous  of  making  terms  as  to  the  infor- 
mation he  could  give  relative  to  the  death  of  Mr.  Hunger- 
ford  without  children,  which  he  assured  us  we  could  not  ob- 
tain elsewhere  ;  and  informing  him  we  could  communicate 
with  plaintiff  thereon,  and  requesting  him  to  put  any  legal 
claims  he  might  have  into  the  hands  of  his  solicitors^  andVe 

promised  to  represent  to  Mr.  Rush  his  statement 110 

Writing  to  Mr.  Rush  on  the  above  subject,  and  requesting  ap- 
pointment to  meet  him 5  0 

May  1. — Attending  Mr.  Gardner  in  long  conference  as  to  the 
claims  of  Madame  Batut,  which  we  thought  were  much 
larger  than  would  be  allowed  her  on  proof  before  the  mas- 
ter ;  and  we  postponed  a  final  determination  until  we  had 

again  looked  through  the  papers 13     4 

May  2. — Attending  at  Mr.  Rush's  in  long  conference  as  to  the 
application  of  Mr.  Batut,  when  it  was  decided  that  we  could 
not  offer  any  pledge  that  attention  would  be  paid  to  his  ap- 
plication, but  that  we  must  procure  from  him  such  informa- 
tion as  he  could  give,  and,  if  it  appeared  that  he  had  any  just 
claim,  we  would  offer  no  technical  or  unnecessary  delay  to  it  13  4 

May  4. — Attending  Mr.  Gardner,  conferring  very  fully  again 
hereon;  when  he  stated  that  Mr.  Smithson  possessed  himself 
of  the  property  of  the  late  Mr.  Dickinson,  and  never  ren- 
dered an  account;  and  that  he  (Mr.  Gardner)  considered 
that  a  bill  should  now  be  filed  against  the  defendant,  (Drum- 
mond,)  as  executor  of  the  testator  in  this  cause,  for  such 
account ;  and  that  it  was  expected  a  larger  sum  would  be 
found  to  have  been  received;  but  that  at  all  events  a  claim 
would  be  established  to  a  life  interest  in  a  sum  equal  to  that 
stated  in  the  will  to  be  the  nephew's  property,  viz  :  £260 
per  annum,  which,  in  point  of  fact,  had  been  the  amount  of 
allowances  made  to  Mrs.  Batut  by  the  testator,  as  she  could 


SMITHSONIAN    BEQUEST.  89 

£    s.  d. 

prove ;  and  we  urged  that  filing  a  bill  would  be  useless,  as  it 
was  impossible  to  furnish  an  account,  but  would  search 
through  all  the  documents  in  the  plaintiff's  custody  or 
power,  and  give  them,  every  facility  to  settle  the  matter  in 

the  master's  office 13     4 

5. — Attending  Mons.  Batut  for  upwards  of  two  hours, 
when  we  told  him  the  only  chance  for  his  obtaining  any  re- 
muneration from  the  plaintiff  was  to  furnish  him  with 
every  information  in  his  power  relative  to  the  death  of  Mr. 
Hungerfbrd,  which  he  seemed  very  unwilling  to  do,  without 
a  pledge  that  something  should  be  done  ;  and  we  assured  him 
that  no  party  here  could  give  such  pledge ;  and  that  if  he 
v/as  really  disposed  to  sell  his  information,  he  must  put  his 
terms  into  writing  ;  when  he  stated  that  he  would  consider 
the  course  to  adopt ;  and  advising  him  to  give  us  the  infor- 
mation, and  informing  him,  if  he  did  not,  we  should  resist 

Madame  Batut's  claim  in  every  possible  way 110 

uy  6. — Attending  at  Mr.  Deacon's  ;  going  through  and  pe- 
rusing the  documents  deposited  in  the  boxes,  &c.,  to  answer 
Mr.  Gardner's  inquiry,  but  could  find  nothing  ;  engaged 
several  hours 110 

May  11. — Attending  Mr.  Gardner  as  to  Mr.  Batut's  claim, 
when  he  required  to  be  furnished  with  an  account  of  the 
payments  made  by  Mr.  Smithson  in  his  lifetime  to  Madame 
do  la  Batut,  which  we  promised  to  procure,  as  evidence  of 
the  fund  she  might  claim  under  the  will  of  Dickinson 13  4 

Attending  Mr.  Deacon,  making  inquiry  as  to  the  foreign  pa- 
pers, when  he  handed  us  several  French  ones,  and  promised 
to  write  for  the  Italian 6  8 

May  18. — Attending  Mr.  Batut  on  his  furnishing  us  with  the 
required  information,  when  it  appeared  that  Mr.  Hunger- 
ford  was  buried  at  a  Dominican  convent,  at  Pisa,  under  the 
name  of  Baron  de  la  Batut,  on  the  5th  June,  1835,  and  that 
a  stone  was  raised  to  his  memory  ;  but  that  his  servant,  Leo 
Ferna,  could  not  be  found,  and  he  urged  his  claim  upon 
the  consideration  of  the  plaintiff;  when  we  informed  him 
that  we  could  not  entertain  such  claim,  but  referred  him  at 
once  to  Mr.  Rush,  or  to  the  American  Government 13  4 

-Attending  Mr.  Rush  afterwards,  conferring  on  Mr.  Batut's  in- 
formation and  application,  when  it  was  determined  that  a 
meeting  should  take  place  in  our  presence  between  Mr. 
Rush  and  Mr.  Batut 13  4 

-Attending  Mr.  Gardner  to  confer  as  to  appointment  with 
Monsieur  Batut,  but.  he  was  out  of  town  ;  writing  Mr.  Rush 
thereon 5  0 

'Term  fee,  &c 118 

TRINITY  TERM,  1837. 

.Attending  at  Messrs.  Drummond,  going  through  their  books 
to  ascertain  whether  any  drafts  had  been  drawn  upon  them 
by  the  testator,  which  would  tally  with  the  claim  brought 
forward  by  Mrs.  Batut,  but  found  it  was  the  testator's  habit 
to  draw  only  for  large  sums,  and  his  account  proved  nothing  13  4 

May  30.— Paid  for  copy  charge  of  Mrs.  Batut's,  folios  36 4     6 

Attending  warrant  to  proceed  thereon,  when  the  master  di- 
rected interrogatories  to  be  exhibited  for  the  examination  of 
Mr.  Drummond 6  0 

June  1.— Paid  for  copy  charge  of  Mrs.  Fitall,  folios  12 1     6 


90  SMITHSONIAN    BEQUEST. 

£    s. 

June  2. — Attending  Mr.  Batut  further  as  to  his  alleged  claim, 
and  the  information  he  still  withheld  and  promised  to  afford 
us ^-__  6 

June  5.— Attending  him  again  on  the  above  subject,  and  ask- 
ing him  what  he  required  ;  when  he  promised  to  consider 
our  request,  and  see  us  thereon  next  day 6 

Attending  Messrs.  Pemberton,  advising  them  what  had  taken 
place,  and  requesting  them  to  attend  the  next  day  with  Mr. 
Batut 6 

June  6. — Attending  warrant  on  Mrs.  Fitall's  charge  when  the 
master  directed  an  affidavit  in  support  verifying  when  he 
died  6 

June  6.— Attending  Mr.  Batut,  «nd  afterwards  Mr.  Rush, 
when  Mr.  Batut  stated  that  he  would  make  the  requisite  af- 
fidavit, and  taking  full  instructions  for  same ;  but  on  our 
application  for  an  appointment  to  swear  same,  he  changed 
his  mind,  and  stated  that  he  would  not  make  the  affidavit 
unless  he  had  a  pledge  from  Mr.  Rush  that  he  would  support 
his  claim  in  America,  which  he  did  not  feel  justified  in  giv- 
ing, and  therefore  the  treaty  was  broken  off;  engaged  up- 
wards of  two  hours 1  1 

Instructions  for  affidavit »; 

Drawing  same,  folios  14 14 

Attending  Messrs.  Pemberton  thereon,  and  urging  them  to 
get  affidavit  made,  and  to  bring  in  same  evidence  in  support 
of  their  state  of  facts 6 

June  9. — Writing  Mr.  Rush  very  fully  thereon 5 

June»10. — Attending  Mr.  Rush  in  very  long  conference  on 
Mr.  Batut's  conduct,  and  informing  him  of  the  nature  of  the 
evidence  sent  us  from  Italy,  which  we  thought  was  quite 
sufficient 13 

Attending  Mr.  Cullington,  pressing  him  to  leave  in  the  mas- 
ter's office  his  affidavit,  required  in  support  of  charge  as  to 
Fitall's  annuity,  when  he  promised  to  see  his  client  thereon 
and  to  proceed  with  the  charge  forthwith 6 

Paid  postage  of  foreign  letter  from  Mr.  Herri 4 

June  16.— Attending  Mr.  Gardner  to  press  him  to  bring  in  the 
particulars  of  proof  of  Mrs.  Batut;s  claim,  and  conferring  on 
claim Q 

June  19. — Paid  for  copy  affidavit  in  support  of  charge  of  Mrs. 

Fitall,  folios  8 I „_ *_ 1 

June  20.— Attending  warrant  to  proceed  on   charge  of  Mrs. 

Fitall's  same  allowed Q 

Paid  for  warrant  for  Mrs.  Batut  to  bring  in  evklcnceTn  sup~- 
port  of  charge,  otherwise  it  would  be  disallowed,  copy  and 
service,  (no  clerk  in  court) .__  5 

Writing  Mr.  Rush  as  to  Fitall's  annuity...™  _  5 

June  23.— Writing  Mr.  Rush,  at  defendant  Drummond's  re- 
quest, touching  an  application  made  to  him  by  Mr.  Batut, 
and  requiring  his  instructions  thereon 5 

Having  received  from  Leghorn  an  official  certificate  of  the 
death  of  Mr.  Hungerford,  authenticated  by  Mr.  Falconer, 
(the  consul ;)  attending  at  the  Foreign  Office,  to  ascertain 
what  gentleman  connected  with  the  office  could  verify  the 
signature,  and  found  Mr.  Hertslet  was  known  to  him,  but 
he  was  from  town Q 

June  23^— Attending  Messrs.  Pemberton "&"Co7~ on" "their  "sta- 
ting they  were  preparing  instructions  for  the  interrogatories, 
out,  previous  to  completing  them,  they  were  anxious  to 


SMITHSONIAN    BEQUEST.  91' 

£    s.  d. 

examine  some  papers  belonging  to  the  testator,  in  a  black 
trunk  in  our  possession — going  through  same  with  him — but 

they  afforded  him  110  information;  engaged  two  hours 13     4 

June  26. — Attending  Mr.  Gardner  this  morning,  upwards  of 
two  hours,  on  the  subject  of  Mrs.  Batut's  claim,  endeavor- 
ing to  come  to  some  arrangement,  and  to  ascertain  if  her 

'     claim  was  really  founded  in  justice 13     4 

June  29. — The  master  having  required  evidence  of  the  inser- 
tion of  the  foreign  advertisements,  and  as  to  their  correct- 

f    ness;  instructions  for  affidavits '_ 6     8 

Drawing  same,  and  fair  copies  ;  folios  14 14     0 

^Fair  copy  for  perusal 4     g 

-Attending  Mr.  Deacon  and  Mr.  Whittaker,  severally,  there- 
with ;  and  finally  settling  same 13  4 

Engrossing  same 4     8 

Attending  Mr.  Deacon  to  the  public  office,  to  get  sworn  to  the 

\    same;  Mr.  Whitaker  could  "not  attend 6     8 

Paid  two  oaths 3     0 

July  1.— Attending  Mr.  Whittaker  to  get  sworn 6     8 

Paid  oath 1     6 

Paid  Mr.  Whittaker   and  Mr.  Deacon  for  loss  of  time  and 

trouble 220 

Attending  paying  same,  and  keeping  receipt 6     8 

Warrant  on  leaving  two  copies,  and  services 6     0 

Attending  Mr.  Gardner,  pressing  him  to  support  a  claim  of 
Mrs.  Batut's;  informing  him,  if  not  done  forthwith,  we 
should  exclude  her  altogether  from  the  report ;  when  he  in- 
formed us,  if  we  did,  he  should  immediately  file  a  bill 6  8 

Attending  warrant,  as  to  Mrs.  Batut's  evidence  in  support  of 
her  charge,  when  Mr.  Gardner  undertook  to  have  interrog- 
atories on  the  following  day 6  8 

Paid  for  copy  of  interrogatories — for  twelve  close  copies 1     6- 

Carriage  of  parcel  from  Pisa 4     0 

Enclosing  certificate 7     8 

Having  received  the  above  certificate  of  the  death  of  Mr. 
Hungerford,  attending  Mr.  Whittaker  to  get  same  trans- 
lated  ." G  8 

Paid  his  charges 2  14     0 

Attending  warrant  to  settle  interrogatories  as  to  Mrs.  Batut's 
claim,  when  the  master  allowed  same,  subject  to  any  objec- 
tion the  defendant  might  make  to  the  exhibits  which  were 

not  left  in  the  office 16     8 

Warrants  for  Mrs.  Batut,  to  bring  in  exhibits  copy  and  ser- 
vice— not  in  cause 5  6 

July  17. — Attending  counsel,  in  long  conference,  as  to  these 

interrogatories  and  exhibits , 13     4 

Paid  his  fee,  and  clerk 1     6     0 

Attending  .__. 6     8 

Attending  to  Mr.  Eush,  in  very  long  conference  on  the  state 
of  the  suit,  and  advising  with  him  as  to  incurring  any  extra 

expense  in  the  inquiries  after  Mr.  Hungcrford's  death 13     4 

Writing   Messrs.    Pemberton   on   the  proposed   exhibits,  and 

copy '. 5     0 

Writing  to  Mr.  Eush  very  fully,  in  answer  to  a  letter  received 

from  him  as  to  probable  time  suit  would  take 7     6- 

Drawing  request  to  accountant  general  to  invest  dividends 2     t> 

Attending  him  thereon ; 6     8 

Paid  his  fee 4     ft 

Attending  Mr.  Eush,  informing  him  of  the  impossibility  of 


92  SMITHSONIAN    BEQUEST. 


obtaining  report  before  office  closed,  and  explaining  the  ne- 
cessity of  giving  Madame  Batut  the  means  of  establishing 

her  claim,  rather  than  file  a  bill __,_-  6 

Attending  warrant  to  proceed  on   Mrs.  Batut's  claim,  when 

exhibits  were  left  in  support  thereof 

Paid  for  copy  examined,  folios  28 

Close  copy 

July  25. -Attending  warrant  and  interrogatories  when  the  same 
were  finally  settled,  the  solicitors  for  Madame  de  la  Batut 

having  brought  in  exhibits 

Drawing  and  fair  copy  state  of  facts  as  to  the  death  of  Henry 

Hungerford,  folios  48 — 

Warrant  on  leaving  same,  two  copies  and  services  _. 

Instructions  for  affidavits  in  support 

Drawing  same,  and  fair  copy,  folios  4 —  . 

Attending  Mr.  Hertslet  several  times  to  endeavor  to  get  him 

to  appoint  a  time  to  swear,  but  could  not 

Attending  at  the  Master's  office  to  examine  exhibits  with  the 

copies,  and  engaged  comparing  same,  but  found  one  missing 

Attending  Mr.  Kush  in  a  very  long  conference  on  the  subject 

of  this  suit 

August  14. — Attending  at  the  Foreign  Office  and  conferring  on 
the  affidavit  with  Mr.  Hcrtslet,  when  he  requested  us  to 
leave  the  report,  certificates,  and  affidavits  with  him,  and 

he  would  appoint  a  time  to  swear  affidavit 13 

Engrossing  affidavit,  folios  4 

Attending  Mr.  Ilertslet  to  be  sworn 6 

Paid  oath  and  exhibit 

Paid  his  charges -.—  1     1 

Warrant  on  leaving  copy  and  service 0 

Postage  of  letter  to  Mr.  Tannin,  in  answer  to  his  letter  rela- 
tive to  death  of  Mr.  Hungerford 1 

Writing  very  long  letter  to  Mr.  Hush,  informing  him  of  what 

had  taken  place 

Instructions  for  further  affidavits  in  support 6 

Drawing  same,  and  fair  copy,  folios  20 1     0 

Engrossing  same 6 

Writing  Mr.  Rush,  stating  the  result  of  our  inquiries  touching 
the  property  formerly  belonging  to  Mr.  Dickinson,  under 

whose  will  Mrs.  Batut  claimed 5 

Sept.  2. — Attending  Mr.  Rush,  conferring  and  explaining  the 
position  of  Mrs.  Batut's  claim,  and  the  effect  of  the  informa- 
tion received  from  France,  from  which  it  would  appear  that 

such  claim  was  fraudulent 13 

Instructions  for  affidavit  of  Mr.  Whittaker  as  to  verification 

of  translated  copy  of  report  from  Pi.  a 

Drawing  same,  and  fair  copy,  folios  4 

Copy  report  to  annex  as  exhibit 

Attending   Mr.  Whittaker,  conferring  thereon,  and   getting 

him  to  settle  same 

Engrossing   same,  folios  4 

Attending  him  to  be  sworn 

Paid  oaths  and  exhibits 

Warrant  and  leaving  copy  and  service 

Paid  him  for  loss  of  time 1 

Attending  swearing  further  affidavits  in  support  of  plaintiff's 

facts 6 

Paid  oath,  &c. 4 

!Term  fee  and  letters...  1     1 


SMITHSONIAN   BEQUEST. 

£    s.  d. 
MICHAELMAS  TERM,  1837. 

Warrant  on  leaving  same,  copy  and  service 6     0 

"Warrant  to  proceed  on  Mrs.  Batut's  charge,  copy  and  service  8     6 

Attending  warrant,  and  proceeding  thereon 6     8 

Instructions  for  affidavit  for  Mr.  Curdy,  verifying  translation 
of  notarial  act  made  at  Paris  after  the  decease  "of  Mr.  Hun- 

gerford 6     8 

Drawing  same,  and  fair  copy,  folios  4 4     0 

Copy  translation,  to  annex  as  an  exhibit 8 

Engrossing  affidavit,  folios  4 1     4 

Attending  to  be  sworn 6     8 

Paid  oath,  &c 4     0 

"Warrant  on  leaving  two  copies  and  service 6     0 

"Warrant  on  leaving  further  evidence 6     0 

Attending  Mr.  Rush  in  very  long  conference  on  the  progress 
of,  and  advising  on,  this  suit,  and  taking  his  instructions 

thereon 13     4 

Paid  for  transcript  of  account 4     0 

Attending  bespeaking,  and  afterwards  for  same 6     8 

Drawing  request  to  accountant  general  to  invest  dividends 2     6 

Attending  bespeaking  investment  of  dividends 0     8 

'Paid  fee 4    0 

Instructions  for  affidavit  of  Mr.  Hertslet,  verifying  notarial  act 

as  to  death  of  Mr.  Hungerford 6     8 

Drawing  same,  and  fair  copy,  folios  4 4     0 

Attending  him  to  peruse  and  settle  same 6     8 

Engrossing  same . 1     4 

Attending  him' to  be  sworn 6     8 

Paid  oath  and  exhibit 4     0 

Paid  his  charge 110 

Warrant  on  leaving  two  copies  and  services 6     0 

-Warrant  to  proceed  on  state  of  facts,  and  charge  of  plaintiff, 

as  to  death  of  Mr.  Hungerford,  copy  and  service 6     0 

Attending  warrant,   same  proceeded  with  and  allowed,  and 

warrant  ordered  to  be  issued  on  Mrs.  Batut's  charge 6    8 

Warrant  to  proceed  on  state  of  facts,  and  charge  of  Mrs.  Ba- 
tut's, copy  and  service 8  6 

Attending  bespeaking  transcript  in  original  cause,  and  after- 
wards for  same 6  8 

Paid 4    0 

Sep.  29. — Attending  Mr.  Rush,  reporting  and  advising  on  the 

progress  of  the  proceedings  in  the  master's  office 6     8 

Dec.  4. — Attending  warrant  and  proceeding  on  facts  and 
frharge  of  Mrs.  Batut,  when  the  master  directed  another 

warrant  to  issue 6     8 

Warrant  to  proceed,  three  copies  and  service 8     6 

Attending  warrant  when  the  master  said  he  thought  she  had 
established  a  claim  to  half  of  the  income  of  the  French 
fund,  but  would  give  us  leave  to  inquire  and  prove,  if  we 
could,  that  it  had  been  already  satisfied  and  he  directed  us 
to  obtain  an  order  to  state  special  circumstances  in  regard 

to  her  claim,  the  words  of  the  decree  not  being  sufficient, 6     8 

Writing  Mr.  Rush  very  fully  thereon . 5     0 

Attending  Mr.  Rush  in  a  very  long  conference,  and  advising 
with  him  on  the  expediency  of  opposing  Mrs.  Batut's  claim, 
as  it  would  cause  much  delay,  and  stop  the  order  on  further 
directions ;  and  explaining  same  fully  to  him,  when  he  pro- 
mised to  consider  the  same,  and  see  us  again  thereon 13  4 


<)4  SMITHSONIAN    BEQUEST, 


Dec.  14. — Attending  Mr.  "Rush  in  very  lone;  conference  as  to 
Mrs.  Batut,  on  his  having  duly  considered  the  subject;  when 
he  instructed  us  to  write  to  Paris  to  obtain  such  evidence 
as  we  could,  and  lay  same  before  counsel,  to  advise  on  the 
expediency  of  opposing  Mr?.  Batut's  claim,  we  being  of 
opinion  that  evidence  might  be  obtained  that  would  repel 
her  claim 

Dec.  19. — Attending  at  the  Foreign  Office  to  make  inquiry 
touching  the  swearing  of  affidavits  abroad  before  a  proper 
tribunal,  and  found  that  they  could  be  sworn  before  the 
British  consul 

Instructions  for  affidavit  to  be  sworn  by  the  stock  broker  who 
transferred  same 

Drawing  same  and  fair  copy,  folios  6,  and  fair  copy  to  send  to 
Paris 

Instructions  for  affidavit  of  a  notary  as  to  some  documents  in 


his  possession  relative  to  the  transfer. 


Drawing  same  and  fair  copy,  folios  8 8     C 

Fair  copy  to  send  to  Paris • 2     8 

Writing^Mr.  Truftant  therewith  and  fully  thereon,  and  urging 

him  to  get  affidavits  sworn  if  possible  in  their  present  shape, 

but,  if  not,  to  advise  with  some  English  solicitor  at  Paris__  7     C 

Dec.  29. — Postage  letter  from  Mr.  Truftant  requiring  further 

instruction 1     2 

Writing  to  him  very  fully  thereon 7     0 

Instructions  to  amend  decree 13     4 

Drawing  notice  of  motion  to  amend  decree 2     0 

Copy  and  service 2     0 

Drawing  and  engrossing  affidavit  of  service G     0 

Attending  swearing <>     H 

Paidoath 1     (j 

Attending  filing  and  for  office  copy (i     8 

Paid 

Drawing  brief  for  counsel  to  move 

Paid  him  and  clerk 

Attending  him 

Jan.  8,  1838  — Attending  Mr.  Rush  in  very  long  conference 

on  the  progress  of  the  cause,  &c. . _ 

Term  fee,  &c ., 

HILARY  TERM,  1838. 

-Jan.  11. — Attending  court,  motion  made  and  ordered  accord- 
ingly  1 

Postage  of  letter  to  Mr.  Truftant  requesting  to  be  furnished 
with  a  copy  of  Mrs.  Batut's  claim 

Copy  same,  to  send,  folios  36 

Writing  him  very  fully  therewith  and  thereon 

Paid  for  copy  minutes 

Close  copy 

Attending  settling "__".""_""""" 

Paid  for  order 

Attending  register  to  draw  up  and  pass  order. _ 

Paid  entering 

Attending  to  enter  same !!___. I'I'IIIII 

Jan.  23.— Postage  of  a  letter  from  Mr.  Truftant,  containing  a 
certificate,  signed  by  the  charge  d'affaires,  which,  from  his 
letter,  appeared  the  best  evidence  he  could  procure  for  us___ 

Writing  him  that  same  was  not  sufficient,  and  requesting  to 
know,  per  return,  whether  or  not  the  stock  broker  could 


SMITHSONIAN    BEQUEST.  95 

£    s.  d. 

make  an  affidavit  as  to  fact  of  instructing  him  thereon,  and, 
if  he  could  not  procure  such  affidavit,  to  make  one  himself-  7     6 

Jan.  30.— Postage  letter  from  Mr.  Truftant 5     0 

-Jan.  31. — Attending  Mr.  Kush,  fully  conferring  as  to  the  in- 
quiries touching  Mrs.  Batut's  claim,  when  he  stated  he  would 

consider  same,  and  decide  whether  to  proceed  or  not •___  13     4 

Feb.  5. — Attending  Mr.  Hush  on  his  wishing  to  know  the  re- 
sult of  the  proceedings  if  the  claim  of  Mrs.  Batut  were  re- 
sisted, and  to  what  extent  the  proceedings  might  be  carried 
by  her,  and  explaining  same  very  fully  to  him,  when  he 

wished  us  to  write  a  letter  to  him  thereon 13     4 

"Writing  letter  and  copy 5     0 

Feb.  6. — Attending  counsel  in  long  conference  on  the  evidence 
obtained  from  Paris,  and  as  to  the  expediency  of  bringing 

same  into  the  master's  office 13     4 

Fee  to  him  and  clerk  thereon . 160 

Attending  him 6     8 

•Copy  of  Mr.  Truftant's  affidavit,  to  keep 2     8 

"Warrant  on  leaving  three  copies,  and  services 8     6 

Warrant  to  proceed  on  claim,  three  copies,  and  services 8     6 

Feb.  19. — Attending  warrant  and  proceeding  on  state  of  facts 
and  affidavits  in  opposition  to  Mrs.  Batut's  claim,  when 

(claim  allowed 6     8 
"Warrant  to  show  cause  why  warrant  on  preparing  draught  re- 
port should  not  issue,  three  copies,  and  services 8     6 

Feb.  21. — Attending  warrant,  no  cause  shown 6     8 

Warrant,  on  preparing  three  copies,  and  services 8     6 

Copy  will  of  testator  for  the  master,  folios  8 '. 2     8 

Paid  for  copy  draught  report,  folios  48 6     0 

.•Close  copy . 16     0 

March  1. — Warrant  to  settle,  three  copies,  and  services 8     6 

Attending  same 6     8 

Attending  Messrs.  Pemberton,  conferring  very  fully  on  the 
draught  report  and  the  several  inaccuracies  therein,  and  cal- 
culating amount  of  arrears,  &c.,  due 6  8 

Attending  warrant  on  charge  of  Messrs.  Clarke  &  Co.,  when 

same  allowed 6     8 

Paid  for  copy  same,  folios  6 9 

•Close  copy 2     0 

Paid  for  copy  affidavit  in  support,  folios  4 6 

If-Close  copy 1     4 

:  Another  warrant  to  settle  report,  three  copies,  and  services  __  86 

.Attending  warrant  and  settling  report ;  but  the  master  di- 
rected many  additions  to  be  made  thereto,  and  an  affidavit 
to  be  obtained  from  a  broker  in  the  city  as  to  the  amount  of 

exchange ._  6     8 

Attending  Mr.  Kush  in  very  long  conference  thereon  before, 
at,  and  after  the  above  warrant,  when  he  directed  us  to  ob- 
tain the  order  on  further  directions  as  soon  as  possible 13  4 

March  9. — Attending  Mr.  Rush  again,  conferring  fully  herein  13     4 
March  12. — Attending  Messrs.  Pemberton  as  to  the  cause  of 
delay  in  obtaining  the  necessary  affidavit,  when  they  prom- 
ised to  bring  same  in  in  a  few  days 6     8 

Paid  for  copy  of  affidavit  of  Mr.  Boyd,  folios  6 9 

•Close  copy 2     0 

March   17. — Attending  warrant  and  proceeding  on  state  of 

facts 6     8 

*  March  20. — Paid  for  fresh  copy  report,  folios  44 5     6 

Close  copy 14     8 


96  SMITHSONIAN   BEQUEST. 


Warrant  to  sign,  three  copies,  and  services  __ 

Attending  same 

Paid  for  drawing,  signing,  and  transcribing  report 

Paid  filing  and  for  office  copy 

Attending  to  file u 

Drawing  and  engrossing  petition  to  confirm  report  absolute 

in  the  first  instance 

Attending  getting  consents 

Attending  to  present—. 

Paid  answer  and  for  order 

Two  copies  and  services  on  clerks  in  court 

Draught  on  Pemberton 

Drawing  and  engrossing  petition,  to  set  down  cause  on  further 

directions  and  costs 

Attending  to  present 

Paid  answer  and  setting  down  cause,  &c 

Two  copies,  and  services,  order  on  clerks  in  court 

Draught  on  Messrs.  Pemberton 

Attending  defendant's  solicitor  for  consent  to  hear  cause  im- 
mediately   

Making  copy  decree  for  the  master  of  the  rolls,  four  sides 

Do.  report,  folios  48 

Attending  to  leave  same 6 

Attending  Mr.  Kush  in  very  long  conference,  explaining  that 
the  report  had  been  confirmed,  and  giving  him  extracts  of 
all  the  dates  and  proceedings,  &c.,  and  advising  him  as  to 

the  future  proceedings,  &c 

Drawing  and  engrossing  copy  affidavit  of  service  of  order  to 

set  cause  down 

Attending  to  be  sworn 0 

Paid  oath 1 

Attending  filing  and  afterwards  for  same G 

Paid  filing  and  for  office  copy 3 

Attending  Mr.  Rush,  informing  him  cause  was  set  down  and 

would  be  heard  in  Easter  term,  and  conferring  thereon 13 

Instructions  for  petition G 

Drawing  and  fair  copy  petition  to  be  heard  with  the  cause,  on 

further  directions,  folios  88 4     8 

Attending  Mr.   Rush,  conferring   thereon,  when  he  wished 

counsel  to  be  advised  with  thereon 13 

Attending  conferring  with  Mr.  Shadwell  thereon,  when  head- 
vised  cause  to  be  set  down  and  petition  to  be  presented  after- 
wards   13 

Paid  his  fee  and  clerk 1     6 

Attending  him ; 6 

Drawing'proposed  minutes,  folios  12 12 

Fair  copy  for  Mr.  Shadwell 4 

Attending  him  in  conference  and  settling  same 13 

Paid  his  fee  and  clerk 1     (j 

Attending  him 6 

Two  copies  minutes  for  defendants 6 

Attending  them  therewith  and  thereon,  and  finally  agreeing 

to  same 

Drawing  brief  on  further  directions,  seven  brief-sheets 

Two  fair  copies  for  counsel 

Drawing  observations  for  plaintiff,  2  brief  sheets 

Two  fair  copies  for  counsel 

Attending  Messrs.  Pemberton  on  their  requesting  some  infer- 


SMITHSONIAN    BEQUEST.  97 

£    «.  d. 

nation  in  order  to  draw  their  petition,  and  giving  them 

same,  engaged  some  time,  term  fee,  &c 118 

EASTER  TERM,  1838. 

Attending  to  bespeak  and  afterwards  for  certificate  of  funds  in 

court  in  this  cause \  6     8 

The  like  in  original  cause    6     8 

Fee  to  Mr.  Pemberton  and  clerk  with  brief 5  10     0 

Attending  him 6     8 

Fee  to  Mr.  Sbadwell  and  clerk , 356 

Attending  him 6     8 

Attending  Mr.  Shadwell,  obtaining  his  certificate  for  cause  to 

be  heard  short 6     8 

Attending  register   therewith,  and  getting  cause  put  in  the 

paper  for  next  short  cause  day 6     8 

Attending  Mr.  Pemberton  to  appoint  a  consultation  at  West- 
minster  ._ 6  8 

Fee  to  Mr.  Pemberton  and  clerk  thereon 296 

The  like,  Mr.  Shadwell 136 

Attending  him 6     8 

"Writing  to  Mr.  Kush  informing  him  of  consultation 5     0 

Attending  consultation  when  Mr.  Pemberton  expressed  his 
regret  that  the  petition  had  not  been  presented,  and  directed 

Mr.  Shadwell  to  draw  same  immediately 13     4 

Paid  for  room 5     0 

May  1. — Mr.  Clarke  and  Fladgate's  attending  court ;  cause 
heard  and  ordered  as  per  minutes,  agreed,  but  the  order  to 
stand  over  for  petition  to  come  on  as  to  funds  being  paid  to 

Mr.  Kush 220 

Paid  court  fees 13     0 

Attending  Mr.  Kush  in  very  long  conference,  explaining  to 
him  fully  what  had  taken  place,  and  he  directed  us  to  use  all 

expedition 13     4 

Perusing  and  considering  former  petition,  and  altering  same 

in  many  respects 110 

Fee  to  Mr.  Shadwell  to  peruse  and  settle 356 

Attending  him 6     8 

Engrossing  same  and  paper,  folios  77 188 

Copy  for  the  master  of  the  rolls 188 

Attending  presenting  petition,  when  the  secretary  directed 
that  it  be  taken  to  Westminster  to  be  answered  by  a  certain 

day 6    8 

Attending  Mr.  Pemberton,  instructing  him  to  get  day  ap- 
pointed accordingly 6  8 

Attending  court  when  Mr.   Pemberton  mentioned  it  to  the 

court,  and  it  was  ordered  to  be  answered  for  Tuesday  next  6     8 
Attending  his  lordship's  secretary,  and  getting  same  answered 

accordingly 6     8 

Paid  answering 6     6 

2  copies  petition  for  service,  folios  77,  each 2  17     4 

Attending  serving  the  same  on  clerks  in  court 4     0 

Drawing  and  engrossing  affidavit  of  service 3     4 

Attending  to  be  sworn 6     8 

Paid  oath 1     G 

Attending  to  file  and  for  office  copy 6     8 

Paid  for  office  copy 3     4 

2  brief  copies  petition,  8  brief  sheets,  each 2  13     4 

Drawing  observations  to  accompany  2  brief  sheets 13     4 

7 


SMITHSONIAN    BEQUEST. 


2  brief  copies  for  counsel 13 

Attending  Mr.  Kush  again  hereon,  conferring  and  advising 

very  fully  hereon 13 

Attending  register  to  get  original  decree  altered,  as  directed 
by  the  court,  and  after  some  trouble  getting  same  altered 

accordingly 13 

Attending  to  enter  and  afterwards  for  same 6 

Paid  at  entering  seat  for  alteration 1 

Pee  to  Mr.  Peraberton  and  clerk  with  brief  petition 24 

Attending  him . 6 

Pee  to  Mr.  Shadwell  and  clerk 13 

Attending  him 6 

Writing  Mr.  Kush  that  the  court  would  not  sit  on  Tuesday, 

and  that  petition  would  be  in  on  Wednesday 5     0 

Attending  court,  petition  heard  and  ordered  as  prayed 13     4 

Paid  court  fees " 7     0 

Attending  Mr.  Kush  on  the  amount  of  funds  in  the  cause,  and 
writing  him  out  full  particulars  thereof,  and  taking  his  in- 
structions to  expedite  the  transfer  and  payment  to  him •  13  4 

Writing  to  Mr.  Truftant  as  to  his  charges  and  expenses,  &c._  5     0 

Paid  postage  letter  enclosing  same 2     4 

Paid  same  to  his  agents 10    0     0 

Attending  paying  same  and  for  receipt 6     8 

Writing  Mr.  Rush,  at  his  request,  with  full  particulars  of 
what  took  place  at  the  hearing  of  the  cause  and  also  of  the 

petition,  and  generally  on  the  cause 7     6 

Attending  Mr.  Hussey  to  draw  up  minutes,  when  he  said  the 
registrar,  Mr.  Callis,  who  was  in  court  on  the  petition, 
ought  to  draw  them  up ;  attending  on  Mr.  Callis  and  with 
him  to  Mr.  Hussey,  and  arguing  same,  when  it  was  finally 
determined  that  Mr.  Hussey  should  draw  up  the  minutes, 

and  date  them  the  12th — engaged  upwards  of  an  hour 13     4 

Paid  for  copy  minutes  of  decree 10    0 

Close  copy  thereof 5     0 

Several  attendances  upon  the  registrar,  to  procure  him  to  pass 

order,  which  was  at  length  done 168 

Paid  for  order  on  further  directions 3  10    0 

Paid  expenditure 10    0 

Term  fee.  &c 118 

TRINITY  TERM,  1838. 

Attending  passing  same 13     4 

Paid  entering  same 6     6 

Attending 6     3 

Making  copy  ordering  part  of  the  decree  for  the  master II  2     6 

Drawing  this  bill  of  costs,  and  fair  copy  for  the  master,  folios 

180 _ 600 

Warrant  on  leaving  same,  copy  and  service 4     6 

May  8. — Warrants  to  tax  copies  and  services 1  16     0 

Attending  same 2  13     4 

Paid  clerk  in  court 2  13     4 

Warrant  for  defendants  to  bring  in  their  costs,  two  copies  and 

services g     Q 

Paid  for  copy  defendant  Drummond's  costs,~folios  7211'  9     0 

Attending  three  warrants,  taxing  same 100 

Paid  clerk  in  court ~_ 100 

Paid  for  copy  attorney  general's  costs,  folios  16 2     0 

Attending  warrant,  taxing  same Q     8 


SMITHSONIAN    BEQUEST. 


99 


£    s.  d. 

Paid  clerk  in  court 6     8 

Paid  for  certificate  of  costs  and  transcribing 106 

Attending  to  file 6     8 

Paid  filing  same 3  10 

Attending  accountant  general's,  bespeaking  clerks 6     8 

Paid  entering  clerk  for  costs 2     4 

Attending  bespeaking  carrying  over  of  the  funds  and  cash 

from  Hunger  ford  vs.  Drummond  to  this  cause 6     8 

Paid 5    0 

Attending  bespeaking  carrying  over  of  £5,015,  bank  £3  per 

cents  to  Mrs.  Batut's  account,  paid 6     8 

Attending  bespeaking  direction  for  transfer  of  all  the  funds  to 

Mr.  Rush  in  the  £3  per  cent,  annuities 6     8 

Paid 2     6 

The  like  on  reduced  annuities 9     2 

The  like  on  bank  stock 9     2 

Attending  bespeaking  transfer  to  Mr.  K.  Rush 13     4 

Paid 140 

Paid  messenger 1     6 

Instructions  for  affidavit  as  to  residue  of  cash 6     8 

Drawing  and  fair  copy  affidavit 6     8 

Attending  to  be  sworn 6     8 

Paid  oath 1     6 

Paid  for  office  copy 4     8 

Attending  bespeaking  check  of  residue  of  cash 6     8 

Paid  clerks  for  their  trouble 550 

Attending  to  identify  Mr.  Rush 6     8 

Paid  entering  check 2     4 

Term  fee,  &c 118 

Letters,  messengers,  &c 1  10     0 

For  various  attendance,  not  hereinbefore  enumerated,  on 
Messrs.  Derby  and  Raven,  the  solicitors  for  the  attorney  gen- 
eral;  Messrs.  Pemberton,  Crowley,  and  Gardner,  the  solici- 
tors for  Mr.  de  la  Batut ;  and  Mr.  Cullington,  the  solicitor 
for  Mr.  Fitall,  to  urge  their  proceeding  in  the  several  mat- 
ters connected  with  the  suit  with  all  possible  expedition  ;  it 
being  the  earnest  wish  of  Mr.  Rush  that  the  suit  should  be 

brought  to  a  final  conclusion  with  the  least  possible  delay 550 

May  25. — Attending  Mr.  Rush  ;  conferring  very  fully  with 
him  as  to  the  several  matters  remaining  to  be  done  to  wind 

up  the  suit 13     4 

June  2. — Attending  Mr.  Rush  in  a  long  conference  as  to  wind- 
ing up  the  suit,  and  the  difficulties  we  had  to  encounter  in 

the  accountant  general's  office 13     4 

Attending  in  the  city  to  make  inquiries  as  to  the  transfer  of 
stock,  and  found  it  would  not  be  made  until  Tu'esday,  but 

that  Mr.  Rush  could  sell  it  out  the  same  day 13     4 

"Writing  to  Mr.  Rush  to  inform  him  thereof,  and  special  mes- 
senger with  letter 7  6 

Attending  Mr.  Rush  afterwards,  informing  him  what  arrange- 
ment we  should  suggest  to  him  as  to  selling  the  stock 6  8 

June  4. — Attending  Mr.  Rush  again  this  day,  conferring  on 
the  transfer  of  stock,  and  as  to  winding  up  the  suit ;  and  he 
requested  us  to  write  him  an  official  letter  announcing  the 

transfer  of  the  funds 13     4 

Attending  at  the  accountant  general's,  to  learn  if  the  stocks 

were  transferred,  which  we  found  was  done 6     8 

Writing  an  official  letter  to  Mr.  Rush  to  inform  him  thereof, 

according  to  his  request 5    0 


100  SMITHSONIAN    BEQUEST. 

£    s.   d. 

June  5. — Attending  Mr.  Kush,  conferring  very  fully  in  what 
remained  to  be  done,  and  as  to  the  steps  to  be  taken  by  him 
to  realize  the  funds 13  4 

June  6.— Attending  Mr.  Kush  on  the  subject  of  the  residue  of 
cash  in  court,  which  was  to  be  paid  to  him,  and  explaining 
that  we  could  procure  same  out  of  court  by  Saturday  ;  and 
he  requested  to  be  furnished  with  a  copy  of  the  list  of  arti- 
cles deposited  with  Mr.  Deacon 13  4 

Copy  list  for  him,  (schedule  marked  F  ;)  one  trunk  only,  (see 
list) I 2  6 

June  8. — Attending  the  accountant  general's  to  learn  if  check 
was  ready  for  Mr.  Kush,  and  found  it  was,  and  would  be 
signed  this  day 6  8 

"Writing  to  Mr.  Rush  to  inform  him  thereof,  and  to  make  an 
appointment  for  him  to  attend  and  receive  same 5  0 

June  12. — Attending  Mr.  Deacon  to  ascertain  if  the  boxes 
could  be  sent  to  our  office  ;  and  he  not  being  home,  writing 
to  him  thereon 6  8 

June  18. — Attending  Mr.  Deacon  to  make  appointment  for 
Mr.  Rush  to  attend  to  inspect  contents  of  boxes 6  8 

Writing  to  Mr.  Rush  to  inform  him 5     0 

June  20. — Attending  at  Mr.  Deacon's,  31  Upper  Norton  street, 
to  meet  Mr.  Rush  to  inspect  the  contents  of  boxes,  &c.;  but 
the  boxes  being  more  numerous  than  he  expected,  he  de- 
ferred the  close  examination  of  them  for  the  present 13  4 

June  30. — Attending  Mr.  Rush,  conferring  on  what  remained 
to  be  done,  and  making  arrangements  with  him  as  to  send- 
ing the  box  we  had  hero,  together  with  the  plate  and  other 
articles,  to  Mr.  Deacon's,  where  we  should  meet  him  and 
Colonel  Aspinwall,  the  consul,  and  seal  all  the  boxes  up 13  4 

Making  list  of  the  plate  and  other  articles 5     0 

Mr.  Rush  wishing  to  know  what  the  several  funds  would  have 
realized  if  they  could  have  been  sold  immediately  upon  the 
death  of  Mr.  Hungerford,  attending  at  Messrs.  Drumrrond's 
to  learn  what  the  prices  of  the  several  stocks  then  were, 
and  making  a  calculation  accordingly ;  and  drawing  out  a 
statement  for  Mr.  Rush,  from  which  it  appeared  that,  after 
deducting  all  the  costs,  the  funds  had  realized  £173  12$.  Id. 
more  now  than  they  would  have  done  if  the  funds  had  all 
been  sold  immediately  upon  the  decease  of  Mr.  Hunger- 
ford _•_  220 

Paid  for  a  new  lock  to  box * 5     0 

July  6. —Attending  at  Mr.  Deacon's  to  meet  Mr.  Rush  and 
Colonel  Aspinwall,  when  the  several  boxes  were  sealed  up, 
and  directions  given  for  their  transmission  to  the  wharf '_  110 

Attending  at  the  accountant  general's,  to  bespeak  a  transcript 

of  account g  g 

Paid  for  same 3     Q 

Attending  to  procure  same 6     8 

Several  other  attendances  upon  Mr.  Rush,  furnishing"  him 
with  all  euch  further  information  as  he  required  previous  to 
his  leaving  this  country  for  America 330 

Letters  and  messengers,  coach-hire,  and  various  incidental"  ex- 
penses   15  0 


£490     4  10 


SMITHSONIAN    BEQUEST.  101 


IN  CHANCEKY. 

Between  the  President  of  the  United  States  of  America,  Plaintiff,     \ 

and  L 

•Chas.  Drummond,  Esq.,  and  her  Majesty's  Attorney  General,  Defendants.  J 

Thomas  Clarke,  Thomas  George  Fynmore,  and  William 
Mark  Fladgate,  of  Craven  street,  Strand,  in  the  county  of 
Middlesex,  solicitors  and  copartners,  severally  make  oath 
and  say,  that  the  several  disbursements  contained  in  the 
aforegoing  account  have  been  duly  made,  and  that  the 
several  charges  therein  contained  are  just  and  true,  to  the 
best  of  these  deponents'  knowledge  and  belief. 

THOMAS  CLARKE, 
THOMAS  G.  FYNMORE, 
WM.  M.  FLADGATE. 

Sworn  by  all  the  deponents,  at  the  public  office,  South- 
ampton Buildings,  in  the  county  of  Middlesex,  the  llth  day 
of  July,  1838,  before  me. 

E.  WINGFIELD. 


Clark,  Fynmore  $  Fladgate  to  Richard  Rush. 

43  CRAVEN  STREET,  STRAND,  July  13, 1838. 

DEAR  SIR  :  With  reference  to  the  gun,  a  few  pieces  of 
china,  and  a  few  other  articles  of  a  miscellaneous  nature, 
which  are  mentioned  in  the  schedule  of  property  formerly 
belonging  to  Mr.  Smithson,  (of  which  schedule  we  furnished 
to  you  a  copy,)  and  which  articles  do  not  now  appear  to  be 
amongst  the  property  lately  under  the  charge  of  Messrs. 
Deacon,  we  beg  to  state  that  the  schedule  in  question  was  a 
schedule  prepared  at  the  time  of  Mr.  Smithson 's  death,  now 
.several  years  back,  and  that  we  have  no  doubt  that  the  ar- 
ticles (which  appear  to  have  been  such  as  would  be  used 
personally  by  Mr.  Smithson)  were  handed  to  Mr.  Hunger- 
ford,  who,  indeed,  had  he  thought  fit  to  apply  for  them, 
would,  under  the  direction  of  the  court,  have  obtained  pos- 
session of  all  the  property  lodged  with  Messrs.  Deacon,  and 
which  is  now  handed  over  to  you  as  representative  of  the 
United  States. 

We  are,  dear  sir,  your  very  obedient  servants, 

CLARKE,  FYNMORE  &  FLADGATE. 

EICHARD  EUSH,  Esq. 


102  SMITHSONIAN    BEQUEST. 

Richard  Rush  to  John  Forsyth. 

LONDON,  July  14,  1838. 

SIR:  All  the  transfers  of  stock  were  made  on  the  proper 
days; 'all  the  money  was  received,  and  arrangements  are 
now  in  daily  progress  for  obtaining,  insuring,  and  shipping 
the  gold.  It  will  be  on  board  the  New  York  packet.  Me- 
diator, Captain  Champlin,  by  or  before  the  17th  instant,  in 
which  ship  I  have  taken  my  passage,  intending  to  embark 
on  that  day.  The  costs  of  suit  have  been  paid,  but  the 
other  expenses,  arising  out  of  the  sale  of  the  stock  and  ship- 
ment of  the  proceeds,  cannot  be  examined  and  settled  until 
immediately  before  I  embark,  as  the  whole  of  the  operations 
cannot  be  completed  until  then.  It  will  hence  not  be  in  my 
power  to  make  a  statement  of  all  these  expenses  until  I  arrive 
at  New  York  or  Washington,  when  it  shall  be  rendered  in 
a  manner  that  I  trust  will  be  satisfactory.  I  can  only  re- 
peat that  my  best  exertions  have  not  been  spared  to  keep 
them  all  within  a  compass  as  moderate  as  possible. 

I  received  at  the  Bank  of  England,  day  before  yesterday, 
£900,  being  the  interest  on  £60,000  of  consols  sold  on  the 
6th  of  June.  It  will  be  remembered  (see  rny  No.  27)  that 
this  amount  of  the  consols  was  sold  on  time,  the  stock  not 
being  deliverable  until  the  6th  of  July,  which  was  the  day 
after  the  dividends  for  the  last  six  months  fell  due,  by  which 
I  became  entitled  to  receive  for  the  United  States  the  above 
sum  of  £900. 

The  boxes  and  trunk  mentioned  in  my  last  are  to  go  on 
shipboard  to-day.  Before  knowing  anything  of  their  con- 
tents, I  thought  proper  to  have  them  opened  and  examined 
in  the  presence  of  our  consul  and  two  other  persons.  A 
large  portion  of  the  contents  proved  to  be  unimportant ; 
nevertheless,  all  will  be  delivered  over  on  my  arrival  as  I 
received  them,  except  to  have  them  better  packed  for  a  sea^ 
voyage,  and  so  as  to  prevent  further  injury  to  that  which 
time  and  bad  packing  have  already  done  to  them. 

I  design  to  leave  this  letter  behind  me,  to  be  forwarded 
by  the  British  steamer  Great  Western,  which,  although  not 
to  sail  until  after  the  Mediator,  may  be  expected  to  arrive 
first  at  New  York.  My  going  in  the  Great'  Western  has 
been  precluded  by  the  fact  of  her  accommodations  for  pas- 
sengers having  all  been  engaged  long  before  I  knew  the 
time  when  I  should  be  able  to  close  the  business  in  my 
hands,  and  have  the  gold  ready  for  shipment. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant,  RICHARD  RUSH. 

Hon.  JOHN  FORSYTH,  Secretary  of  State. 


SMITHSONIAN    BEQUEST. 


103 


Account  of  Thomas  Aspinwall. 

I,  Thomas  Aspinwall,  of  London,  being  duly  sworn  on 
the  Holy  Evangelists,  do  declare  and  depose  that  the  within 
account  is  just  and  true,  and  that  the  services  therein  re- 
ferred to  and  specified  in  the  vouchers  of  said  account, 
signed  by  me,  and  marked  respectively  No.  1,  No.  2,  were 
duly  and  actually  performed. 

THOS.  ASPINWALL. 

Sworn  this  seventeenth  day  of  -July,  1838,  at  London, 
before  me. 

J.  COWAN,  Mayor. 


The  Hon.  Richard  Rush,  agent  for  the  Smithsonian  fund,  in 
account  current  with  Thomas  Aspinwall. 

Dr.  Cr. 


1838. 

July  16.  To  am't  of  in- 
voice of  sover- 
eigns,procured 
and  shipped  on 
board  the  Me- 
diator, as  per 

eopyherewith,<£105,565  12  5 
To  commission 
for  various  ser- 


vices,as  per  ac- 
count   No.    1, 

herewith 

To  charges  on  14 
pk'gs,  shipped 
on  board  the 
Mediator,  as 
per  ac't  No.  2 
herewith  __ 


797  15 


6  19  4 

£106,370  7  3 


1838. 

July  16.  By  cash  rec'd 
from  him £106,370  7  3 


£106,370  7  3 


LONDON,  July  17,  1838. 


THOS.  ASPINWALL. 


104  SMITHSONIAN    BEQUEST. 


(No.  1.) 

The  Hon.  Richard  Rush  in  account  with  the  Smithsonian  fund, 

To  Thomas  Aspinwall,  Dr. 

For  services  rendered  throughout  the  month  of  June  and 
up  to  this  date,  in  July;  in  attending  your  acceptance  of 
all  the  stocks  transferred  to  you  by  the  accountant  gen- 
eral of  the  court  of  chancery;  advising,  negotiating,  and 
completing,  under  your  directions,  ancf  realizing  the  pro- 
ceeds of  various  contracts  for  the  sale  of  the  same  stocks, 
consisting  of  consols,  bank  stock,  and  three  per  cent,  re- 
duced annuities,  sold  at  different  periods  and  in  different 
parcels ;  attending  payment  and  receipt  of  balances,  divi- 
dend, and  the  respective  transfers  to  the  various  purchasers 
of  the  same;  obtaining,  verifying,  arranging,  parking. 
and  securing  for  shipment  104,960  sovereigns,  being  the 
amount  of  proceeds  of  the  Smithsonian  fund,  (iess^  pre- 
miums of  insurance,  charges,  and  expenses ;)  contracting 
for  freight;  entering  and  clearing  at  the  custom-house; 
shipping  and  effecting  insurance  at  the  five  principal 
offices,  and  with  thirty-two  private  underwriters  at 
Lloyds. 

Commission  at  }  per  cent £797  155.  6d. 

THOMAS  ASPINWALL. 
LONDON,  July  17,  1838. 

LONDON,  July  17,  1838. 

^  Eeceived  of  the  honorable  Richard  Rush  the  within-men- 
tioned sum  seven  hundred  and  ninety-seven  pounds  fifteen 
shillings  and  sixpence  sterling,  (£797  155.  6d.)  for  which  I 
have^  credited  in  rny  accounts,  and  also  signed  this  and  a 
duplicate  receipt  of  the  same  tenor  and  date. 

£797  155.  6d.  THOMAS  ASPINWALL. 


LONDON.  July  13,  1838. 
The  Honorable  Richard  Rush  to  William  Brown. 

To  unpacking  and  repacking  14  packages,  at  2s.  Qd.  _  1     15     0 

cord  and  nails  for  mending  do 3     g 


£1     18 


Paid  14th  July,  1838.  WILLIAM  BROWN. 

A  true  copy  original  in  Thomas  AspinwalPs  account. 

JAMES  M.  CURLEY. 


SMITHSONIAN    BEQUEST.  105 

(No.  2.) 

JULY  13,  1838. 

.Account  of  charges  on  14 packages,  marked  u  the  United  States,"  Nos.  1  to 
14,  shipped  on  board  the  ship  Mediator,  Christopher  H.  Champlin,  master, 
by  order  of  the  Honorable  Richard  Rush,  for  account  and  risk  of  the  Gov- 
ernment of  the  United  States. 

£   s.  d. 

Cartage  and  porterage 106 

Duty  and  entry 126 

Dock  dues 15  10 

Bills  of  lading 3     6 

1  packing  case  (No.  14) 3     6 

Shipping,  entering,  and  clearing  14  packages,  at  2s.  6d 1  15     0 

Cord  and  nail's  for  mending  do 3     6 

~*  Unpacking  and   repacking  do.,  and  cording,  mending,  and 

securing,  at  2s.  6d.  each 1   15     0 

£6  19     4 


Received  the  above  amount  in  account  with  Mr.  Rush. 

THOMAS  ASPINWALL. 

Mediator,  Champlin,  New  York. 

T.  ASPINWALL. 
British  coin  for  and  on  account.     Entry,  5s.  6d. 

THOMAS  TANNER. 
"Witness  :     JAMES  M.  CURLEY. 
JULY  17,  1838. 

"When  paid  to  be  immediately  exhibited  at  the  Department,  where  this 
•bill  has  been  made  out ;  by  which  business  will  be  materially  expedited. 


St.  Catharine  Docks,  No.  1872,  wharfage  book,  outwards. 
MR.  ASPINWALL,  DR.,  TO  THE  ST.  CATHARINE  DOCK  COMPANY. 

N.  B. — The  amount  of  these  charges  to  be  paid  to  the  collector,  who  is 
"the  only  officer  authorized  to  receive  money  on  account  of  the  company. 
1838.         Per  Mediator —  £    s.  d. 

-July  17.     [A]  1  to  10,  wharfage  and  shipping,  10  cases,  at  2s 100 

11,        do.  do.  1  case,  at  Is.  __       010 

1     1     0 

(One  pound  one  shilling.) 
JULY  17,  1838. 

Received,  H.  WHARTON,  Collector. 

Witness  :     JAMES  M.  CURLEY. 
(Entered  schedule.) 

The  invoice  having  necessarily  been  made  up  before  the  cases  were  actu- 
ally shipped  on  board,  the  usual  charge  of  ten  shillings  was  inserted  there- 
in ;  and  it  was  not  ascertained,  until  after  they  were  shipped,  that  a  differ- 
ence was  made  with  respect  to  bullion  ;  amounting,  in  this  instance,  to 
•eleven  shillings,  which  has  not  been  paid  by  Mr.  Rush,  but  by  Thomas 
.Aspinwall,  and  by  him  relinquished. 

*  In  Consequence  of  the  very  loose  and  careless  manner  in  which  the  boxes 
^vere  originally  packed,  and  of  the  damaged  state  of  the  packages,  this  charge 
"Was  unavoidably  incurred  to  prevent  the  contents  from  being  ground  to  pieces, 
and  lost  on  the  passage  to  the  United  States. 


106  SMITHSONIAN    BEQUEST. 

T.  ASPINWALL,  ESQ.,  TO  BULLION  PORTERS,  DR. 

1838.  ^    s-  tf- 

July  16.       11  boxes  and  packing  sovereigns,  at  3s.  Qd 

105  bags  for  sovereigns,  at  Qd. 

For  packing  and  marking— 

£4  13     (i 


Paid:  C.  HARDINGHAM. 

Witness  :  JAMBS  M.  CURLEY. 

COLONEL  ASPINWALL  TO  MRS.  CLARK,  DR. 

1838. 

July  17.  For  cartage  and  porterage  of  eleven  boxes  of 
bullion  from  the  bank  to  the  St.  Catharine's 
dock 8  shillings. 


Keceived:  HENRY  X  POTTER. 

"Witness:  JAMES  M.  CURLEY. 

Invoice  of  eleven  boxes  of  gold  coin,  shipped  on  board  the  ship  Mediator,  of 
New  York,  Christopher  H.  Champlin,  master,  bound  to  New  York,  by 
order  of  the  Hon.  Richard  Rush,  and  for  the  account  and  risk  of  the 
United  States. 

£         s.  d. 

A  1  to  10.  Ten  boxes,  each  containing  £10,000,  (sovereigns).  100,000  0  0 
11.  One  box,  containing 4,960  8  7 


Charges. 
105  bags,  at  Gd.  each 

104,900     8     7 
£     s.    d. 
2  12     6 

11  boxes'  at  3s.  Qd.  each                      _  __  _ 

1  18     6 

Paclfing  and  marking  _  _     . 

2    6 

Porterage  and  cart  hire  

8    0 

Bills  of  lading 

3     6 

Entry  5s.  Qd.,  dock  charges  10s. 

15     6 

606 

Insurance  on  £106,400,  at  £  per  cent  

532     0     0 

Policies  and  stamp  duties  __ 

...     67    3     4 

599     3     4 
£105,565  12     5 

Insured  with  the  Indemnity    

THOMAS  ASPINWALL. 
Policy  and  duty. 
£               £             £  s.   d. 
30  000  for  150         18  15    0 

Insured  with  the  London  Insurance  

10,000   for    50           650 

Insurance  with  the  Alliance    _  

Q0,000,  for  100         12  10     0 

Insured  with  the  Royal  Exchange 

15  000  for    75           976 

Insured  with  the  Marine  Insurance 

10000   for    50          650 

Insured  at  Lloyd's  

21,400   for  107         14     0  10 

£106,400     £532       £67    3     4 

MEM. — The  sovereigns  are  packed  in  bags  of  1,000  each,  with  the  excep- 
tion of  one,  in  case  No.  11,  which  contains  960  sovereigns  and  8  shillings- 
and  7  pence  wrapped  in  paper ;  each  case  being  sealed  with  two  seals. 

JULY  16,  1838. 


SMITHSONIAN    BEQUEST. 


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108  SMITHSONIAN   BEQUEST. 

^Schedule  of  the  personal  effects  of  James  Smithson  referred  to  in 
the  bill  of  costs. 

A  large  trunk  ; 

A  box  containing  sundry  specimens  of  minerals,  marked  E  ; 

A  brass  instrument ; 

A  box  of  minerals,  marked  F  ; 

A  box  of  chemical  glasses,  marked  G-; 

A  packet  of  minerals,  marked  H  ; 

A  glass  vinegar  cruet  ; 

A  stone  mortar ; 

A  pair  of  silver-plated  candlesticks  and  branches; 

A  pair  of  silver-plated  candlesticks,  no  branches  ; 

A  hone  in  a  mahogany  case; 

A  plated  wire  flower-basket ; 

A  plated  coffee-pot ; 

A  plated  small  one  ; 

A  pair  of  wine-coolers  ; 

A  pair  small  candlesticks  ; 

Two  pair  of  saltcellars  ; 

A  bread-basket; 

Two  pair  of  vegetable  dishes  and  covers ; 

A  large  round  waiter  ; 

A  large  oval  do.  ;  two  small  do. ; 

Two  plate-warmers  ; 

A  reading-shade. 

Sundry  articles  in  packet  and  in  trunk. 

(a)  A  gun; 

(a)  A  mahogany  cabinet ; 

(a)  Two  portraits,  in  oval  frames. 

China  tea  service,  viz. : 

(a)  Twelve  cups  and  saucers  ; 

'(a)  Six  coffee  cups  ; 

(a)  A  tea-pot ; 

•(a)  A  slop-basin ; 

(a)  Sugar-basin  and  lid  ; 

(a)  Two  plates  ; 

(a)  Milk-jug  ; 

(a)  Tea  canister  ; 

(a)  Two  dishes ; 

{a)  A  landscape,  in  a  gilt  frame  ; 

4a)  A  Derby  spa  vase  ; 

{a)  A  China  tub  ; 

(a)  A  piece  of  fluor  ; 

•(a)  A  pair  of  glass  candlesticks  ; 

A  marble  bust. 

Books. 

Sundry  pamphlets  on  philosophical  subjects,  in  packet  marked  A  : 

The  like,  marked  B  ; 

-Struggles  Through  Life ; 

Bibliotheca  Parisiana; 

La  Platina  POr  Blanc  ; 

•Contorides  des  Indiens  ; 

™11,d1ry  PamPlllcts  °n  philosophical  subjects,  marked  C: 
Weld's  1  ravels  in  North  America,  2  vols  • 
Bray's  Derbyshire; 


SMITHSONIAN   BEQUEST.  109 

Twenty-three  numbers  of  Nicholson's  Journal  of  Natural  Philosophy,, 
in  a  case,  (D  ;) 

Memoire  d'un  Voyageur  qui  le  repose; 

Hamilton  in  Antrim  ; 

Londres  ct  do  ses  Environs  ; 

Stew  on  Solids ; 

Essais  de  Jean  Key  ; 

Mon  Bonnet  de  Nuit; 

Domestic  Cookery  ; 

Catalogue  de  Fossils  des  Roches  ; 

The  Monthly  Review,  78  Nos. ; 

The  Monthly  Review,  26  volumes  ; 

Philosophical  Transactions  for  the  year  1826 ; 

Anthologies  et  Fragments  Philosophiques,  4  volumes  ; 

Two  large  boxes  filled  with  specimens  of  minerals  and  manuscript  trea- 
tise?, apparently  in  the  testator's  handwriting,  on  various  philosophical 
subjects,  particularly  chemistry  and  mineralogy  ; 

Eight  cases  and  one  trunk  filled  with  the  like. 

Those  articles  to  which  this  mark  (a)  is  prefixed  were  not  in  tho  trunk 
No.  13  when  it  was  first  opened  in  the  consulate  of  the  United  States  in 
our  presence. 

All  the  linen  in  trunk  No.  13  was  transferred  from  case  7,  and  sundry 
articles  of  plated  ware  and  philosophical  instruments,  &c.,  were  transferred 
from  case  12.  Sundry  books,  which  were  tied  together,  were  also  put  in 
this  case. 


Richard  Rush  to  John  Forsyth. 

HARBOR  OF  NEW  YORK,  August  28,  1838. 

SIR:  I  have  the  honor  to  report  to  you  my  arrival  here 
in  the  ship  Mediator,  with  the  amount  in  gold  of  the  Smith- 
sonian bequest  recovered  for  the  United  States. 

The  expenses,  of  every  kind,  incurred  by  closing  the 
business  in  London  and  shipping  the  gold,  were  paid  there  ; 
but  I  have  still  to  pay  freight  here  and  primage,  and  also 
some  other  small  charges  incurred  on  bringing  over  the 
Smithsonian  boxes  and  trunks  heretofore  mentioned.  When 
everything  is  fully  paid,  there  will  be  left  in  my  hands,  as  well 
as  I  can  now  compute  the  amount,  upwards  of  £104,500 ; 
the  whole  is  in  sovereigns  packed  in  boxes. 

The  money  being  consigned  to  no  one  here,  I  must  con- 
tinue to  hold  it  in  my  custody  until  1  can  receive  your  in- 
structions to  whom  to  deliver  it,  as  provided  for  by  the  act 
of  Congress  of  the  1st  of  July,  1836. 

I  have  the  honor  to  remain,  in  the  meantime,  your  most, 
faithful  and  obedient  servant, 

RICHARD  RUSH. 

Hon.  JOHN  FORSYTH,  Secretary  of  State. 


110  SMITHSONIAN    BEQUEST. 

Richard  Rush  to  John  Forsyth. 

NEW  YORK,  August  29,  1888. 

SIR  :  On  landing  from  the  ship  yesterday  morning,  I  re- 
ceived the  official  letter  of  the  Secretary  of  the  Treasury, 
dated  the  20th  of  July,  which  had  been  "waiting  my  arrival 
here,  instructing  me  to  transfer  the  Smithsonian  fund  tc 
Philadelphia,  to  be  deposited  with  the  Treasurer  of  the 
Mint,  to  the  credit  of  the  Treasurer  of  the  United  States, 
taking  duplicate  receipts  from  the  former,  one  of  which  tc 
be  transmitted"  to  the  latter. 

The  ship  has  not  yet  got  into  the  dock,  but  the  gold  shall 
be  sent  on  to  Philadelphia,  as  soon  as  practicable,  in  the 
eleven  boxes  in  which  it  was  packed  at  the  Bank  of  England, 
according  to  the  instructions  I  have  thus  received  from  thq 
Secretary  of  the  Treasury. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant, 

RICHARD  RusTi. 

Hon.  JOHN  FORSYTH,  Secretary  of  State. 


John  Forsyth  to  Richard  Rush. 

DEPARTMENT  OF  STATE, 

WASHINGTON,  August  30,  1838. 

SIR  :  I  have  the  honor  to  acknowledge  the  receipt  of  youi 
despatch  No.  30,  of  the  28th  instant,  announcing  your  ar- 
rival in  the  harbor  of  New  York,  with  the   Smithsonian! 
bequest  in  gold.     With   regard  to  the  disposition   to 
made  by  you  of  these  funds,  you  no  doubt  will  have  learned 
upon  landing,  that  your  request  had  been  anticipated  by  in-| 
structions  to  you  from  the  Treasury  Department,  intrusted- 
to  the  care  of  Mr.  George  Newbold,  president  of  the  Banl 
of  America. 

Tendering  to  you  my  congratulations  on  the  success  o:  j 
your  mission,  and  on  your  safe  return  to  your  country,  ]| 
am,  sir,  respectfully,  your  obedient  servant, 

JOHN  FORSYIH. 

RICHARD  RUSH,  Esq.,  New  York. 


Richard  Rush  to  John  Forsyth. 

PHILADELPHIA,  September  4,  1838. 

SIR  :  I  was  yesterday  honored  with  your  letter  of  the  30tl. 
of  August,  acknowledging  my  No.  30  from  the  harbor  ol 


SMITHSONIAN    BEQUEST.  Ill 

York,  and  tender  my  thanks  for  your  kind  congratu- 
lations on  my  return  to  my  own  country,  and  on  the  success 
of  the  public  business  confided  to  me.  Your  letter  went  on 
to  New  York,  as  directed,  but  was  returned ;  and  I  received 
it  at  my  home,  near  the  city. 

My  No.  31,  written  after  I  had  landed,  will  have  informed 
you  that  I  had  then  received  the  instructions  of  the  Secretary 
of  the  Treasury  to  which  your  letter  refers,  and  I  have  since 
been  in  correspondence  with  him.  Owing  to  the  delay  in 

fitting  the  ship  into  the  dock,. I  was  riot  able  to  leave  New 
ork  with  the  gold  until  the  first  of  this  month,  when  I 
arrived  with  it,  accompanied  by  two  agents  from  the  Bank 
of  America,  that  institution  having,  at  the  request  of  the 
Secretary  of  the  Treasury,  obligingly  afforded  me  every 
facility  in  its  power  towards  the  business  I  had  in  hand.  I 
did  not,  however,  feel  at  liberty  to  withdraw  my  own  per- 
sonal superintendence  from  the  operation  of  transferring  the 
gold,  until  I  saw  it  deposited  at  the  Mint.  Thither  I  imme- 
diately had  it  conveyed  on  reaching  this  city  on  the  1st  in- 
-stant,  the  director  and  Treasurer  of  the  Mint  having  been 
in  readiness  to  receive  it  under  the  previous  information  of 
its  intended  transfer,  which  I  had  requested  the  bank  to 
transmit.  The  entire  sum  contained  in  the  eleven  boxes 
which  I  delivered  to  those  two  officers  of  the  Mint  on  Satur- 
day, was  £104,960  85.  6d. — the  whole  in  English  sovereigns, 
except  the  change  ;  and  I  have  now  the  satisfaction  of  in- 
forming you  that  official  receipts  of  this  amount  from  my 
liands  have  been  forwarded  to  the  Treasury  Department. 

The  excess  of  this  sum  over  that  which  I  had  computed 
in  my  No.  30  as  the  probable  amount  to  be  left  in  my  hands, 
arises  from  the  president  of  the  bank  having  undertaken, 
-at  my  suggestion,  to  pay  the  freight  and  other  shipping- 
charges  due  at  New  York ;  the  bank  to  be  repaid  by  the 
Treasury.  The  freight  was  three- eighths  of  one  per  cent. — 
this  being  the  usual  charge  in  the  packet-ships — and  came 
to  £393  12s.  Primage  was  £19  13s.  Sd. ;  and  the  charges 
on  bringing  over  the  Smithsonian  boxes  (left  in  the  custody 
of  the  collector,  from  whom  I  had  every  facility  on  landing) 
were  to  have  been  £3  85.  5d.,  or  thereabouts.* 

It  seemed  to  me  that  it  would  be  best  for  the  bank  to  pay 
-nil  these  charges,  as  the  most  convenient  mode  of  settling 
without  delay  with  the  ship-owners,  to  whom  I  had  become 
responsible  by  my  engagements  with  the  captain  in  Lon- 

*  There  proved  to  be  fourteen  of  these  boxes,  the  additional  one  contain- 
ing a  picture,  of  which  I  had  not  heard  at  the  date  of  my  No.  28. 


112  SMITHSONIAN   BEQUEST. 

don ;  and  I  have  the  hope  that  this  course  will  meet  the- 
approbation  of  the  Secretary  of  the  Treasury  and  yourself. 
It  left  the  gold,  as  secured  in  boxes  at  the  Bank  of  England, 
untouched  at  New  York ;  and  I  had  caused  the  seal  of  our 
consul  at  London  to  be  affixed  to  each  of  them. 

Somewhat  worn  down  by  fatigue  since  coming  on  shore, 
after  an  uncomfortable  voyage  of  squalls,  gales,  and  head 
winds,  I  venture  to  ask  a  little  repose  at  my  home  before 
proceeding  to  Washington,  for  the  purpose  of  making  out 
and  rendering  to  you  an  account  of  all  expenses  that  have 
attended  the  final  recovery  of  this  fund,  of  which  tin-  TniU'd 
States,  by  the  information  I  give  you  in  this  letter,  are  now 
in  possession.  In  the  course  of  the  next  week  I  shall  hope 
to  proceed  to  Washington,  with  the  view  stated;  and  in 
order  that,  my  account  of  the  expenses  being  found  satisfac- 
factory,  which  I  presume  to  hope  will  be  the  case,  I  may 
ask  to  be  discharged  from  all  further  responsibility  under 
the  trust  I  have  been  performing.  The  net  amount,  in  dol- 
lars, of  the  fund  as  I  delivered  it  over  to  the  United  States 
at  the  Mint,  was  found  to  be  five  hundred  and  eight  thou- 
sand three  hundred  and  eighteen  dollars  forty-six  cents, 
($508,818,46,)  as  specified  in  the  receipt  given  to  me  for  it 
by  the  treasurer  of  the  Mint. 

I  have  the  honor  to  remain,  with  great  respect,  your 
obedient  servant, 

KICIIARD  RUSH. 

The  Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Richard  Rash  to  John  Forsyth. 

PHILADELPHIA,  September  11,  1838. 

SIR  :  I  yesterday  received  a  letter  from  the  Secretary  of 
the  Treasury,  dated  the  7th  instant,  stating  it  to  be  desirable 
that  the  expenses  attending  the  transfer  of  the  Smithsonian 
fund  to  this  country,  and  its  deposit  at  the  Mint,  should  be 
ascertained  as  early  as  practicable,  that  the  accounts  in  re- 
lation to  it  maybe  adjusted  with  a  view  to  the  investment 
of  the  balance,  and  asking  my  attention  to  the  subject  at 
my  earliest  convenience. 

In  reply,  I  had  the  honor  to  inform  the  Secretary  that  I 
could  not  make  out  a  statement  of  the  expenses,  as  far  as 
then  incurred,  before  embarking  at  London  with  the  gold, 
the  documents  relating  to  them  not  being  obtainable  until 
the  last  moments  of  my  stay ;  besides  that,  the  whole  opera- 


SMITHSONIAN    BEQUEST.  113 

lions  of  selling  the  stock  in  the  English  funds,  in  which  Mr. 
Smithson's  fortune  was  invested,  and  afterwards  shipping 
the  gold,  required  and  had  ray  constant  supervision  until  I 
saw  the  latter  finally  deposited  at  our  Mint,  in  fulfilment  of 
his  instructions;  that,  having  suffered  greatly  from  sea 
sickness  during  the  voyage,  added  to  fatigue  after  landing 
in  a  weak  state  at  JSTew  York,  where  the  care  of  the  gold 
still  required  my  personal  superintendence,  I  had  been 
unable  hitherto  to  prepare  a  statement  of  the  expenses  in 
question,  but  that  I  was  now  regaining  strength  and  intended 
to  set  out  for  Washington  on  Saturday,  at  farthest,  if  then 
able,  as  at  present  I  had  reason  to  hope  would  be  the  case. 
I  added,  that  I  supposed  a  settlement  of  my  account  could 
be  effected  more  satisfactorily  and  promptly  by  my  presence 
with  the  accounting  officers  at  Washington  than  by  any  at- 
tempt to  make  it  out  here,  and  transmit  it  by  letter,  which, 
it  may  be,  might  lead  to  writing  backwards  and  forwards 
before  a  final  adjustment  took  place;  of  which  correspond- 
ence I  have  the  honor  to  inform  you,  and  to  remain,  with 
great  respect,  your  obedient  servant. 

RICHARD  RUSH. 
Hon.  JOHN  FORSYTE,  Secretary  of  State. 


Richard  Rush  to  John  Forsyth. 

WASHINGTON,  September  15,  1838. 

SIR  :  I  am  now  to  give  you  a  statement  of  all  the  expenses 
that  attended  the  recovery  of  the  Smithsonian  bequest  for 
the  United  States. 

It  may  be  in  order  first  to  mention  the  whole  amount  of 
stock  and  money  that  came  into  my  hands  from  the  court 
of  chancery,  or  otherwise. 

I  received  of  English  Government  stock  £64,535  18s.  9d. 
in  consols,  £12,000  in  reduced  three  per  cent,  annuities,  and 
£16,100  in  bank  stock  of  the  Bank  of  England,  as  heretofore 
mentioned  in  my  No.  26,  and  will  now  be  seen  by  the  original 
order  or  decree  of  the  court,  which  I  enclose,  (marked  A.) 
This  document  I  could  not  obtain  until  the  llth  of  July, 
when  I  received  it  with  the  letter  of  the  solicitors  of  that 
date,  also  enclosed,  (marked  B.) 

On  the  llth  of  June  I  received  from  the  accountant  gen- 
eral of  the  court  of  chancery  £725  3s.  7d.  This  was  the 
sum  remaining  to  be  paid  to  me,  after  previous  payments  to 
others,  out  of  cash  in  hand  appertaining  to  the  Smithsonian 
8 


114  SMITHSONIAN   BEQUEST. 

fund  whilst  in  the  custody  of  the  court,  as  will  be  seen  in 
the  concluding  part  of  the  decree.  That  this  was  the  exact 
residue  coming  to  me,  will  be  further  seen  by  an  explana- 
tory letter  from  the  solicitors  of  the  5th  of  July,  also  en- 
closed, (marked  C,)and  more  authoritatively  by  a  document 
(marked  D)from  the  books  of  the  accountant  general  of  the 
court,  sent  to  me  by  the  solicitors,  with  their  letter  of  the 
llth  of  July.  This  document,  besides  verifying  in  its  own 
forms  the  amount  of  stock  and  money  I  have  otherwise 
stated  myself  to  have  received,  also  verifies  the  statements 
in  my  Nos.  26  and  28,  as  to  the  sums  awarded  to  Madame 
de  la  Batut,  the  arrears  to  John  Fitall,  and  the  money  de- 
creed as  warehouse  rent  for  the  boxes  containing  the  per- 
sonal effects  of  Mr.  Smithson,  which  I  brought  over  and 
delivered  into  the  custody  of  the  collector  at  New  York. 
It  is  a  document  founded  on  the  decree  of  the  court  itself, 
and  shows  in  more  detail  how  its  judgments  were  ful- 
filled. 

I  received  on  the  12th  of  July  £900  at  the  Bank  of  Kng- 
land,  being  the  dividend  due  on  the  consols  I  had  sold,  as 
mentioned  in  my  No.  29 ;  and,  lastly,  I  received  from  the 
solicitors  £116  2s.  2d.,  being  money  returned  by  them  out  of 
what  I  had  paid  them  for  costs  on  the  8th  clay  of  April,  1837, 
viz  :  £200  4s.,  as  reported  in  my  No.  14.  The  following  is 
the  explanation  of  this  item:  When  I  paid  them  this  sum, 
I  fully  expected  to  pay  all  further  costs  out  of  the  same 
fund,  then  in  my  hands,  that  Congress  had  appropriated  for 
that  purpose;  but  it  appears  that,  on  the  termination  of  the 
suit  in  favor  of  the  United  States,  the  costs  of  all  parties 
were  paid  out  of  the  corpus  of  the  fund ;  nor  would  the  court 
award  the  fund  to  the  United  States,  as  may  be  seen  by  the 
decree,  until  all  costs  were  accordingly  first  taken  out  of  it, 
which  the  court  judged  it- proper  the  fund  itself  should 
bear.  I  knew  not  of  such  a  rule  which  the  solicitors  advert 
to  in  their  letter  of  July  the  5th,  until  a  short  time  before 
the  decree  was  pronounced.  The  total  amount  of  their 
costs,  as  made  known  to  me  in  the  same  letter,  and  set  out 
in  detail  in  a  voluminous  bill,  which  I  enclose,  (marked  E,) 
and  to  which  I  caused  their  affidavits  to  be  annexed,  was 
£490  45.  lOrf.  The  court  adjudged  £406  3s.  of  this  sum  to 
be  paid  to  them  out  of  the  fund,  as  their  taxed  costs,  which, 
added  to  what  I  had  previously  paid  them,  made  £606  7s. 
The  difference  between  this  and  £490  4s.  lOd.  being  £116 
26.  2d,  they  refunded  the  latter  sum  to  me.  Their  total 
bill,  (considering  that  it  included  all  fees  paid  by  them 
under  my  direction  to  the  counsel,  and  all  costs  and  charges 


SMITHSONIAN    BEQUEST.  115 

of  every  description  from  the  beginning  to  the  end  of  the 
suit,  with  some  small  extra  charges,  to  which  their  letter 
refers,  which  I  also  authorized,  to  ensure  a  speedy  and  suc- 
cessful termination  of  the  suit,)  and  considering  the  magni- 
tude of  the  suit,  was,  in  my  judgment,  and  in  that  of  others 
better  informed,  to  whom  I  submitted  its  amount,  extremely 
moderate.  I  hope  it  will  be  thought  to  show  care  on  my 
part  to  keep  all  those  charges  low,  that  often  are  run  up  to 
amounts  so  enormous  in  English  chancery  proceedings; 
and,  let  me  add,  as  in  justice  I  am  bound  to  do,  to  show 
more  strongly  that  the  solicitors  I  had  to  deal  with  were 
honorable  arid  just  men. 

I  did  not  consider  these  refunded  costs  as  belonging  to 
the  legacy  fund  recovered,  but  I  threw  them  into  it  when 
the  general  gold  was  obtained,  that  all  might  be  safely  kept 
together,  and  come  under  one  insurance. 

The  gross  amount  yielded  by  all  the  stock  I  sold,  includ- 
ing the  £900  I  received  as  the  dividend  on  the  consols,  was 
£105,649  6s. 

For  the  prices  at  which  I  sold  the  different  parcels  and 
kinds,  I  beg  to  refer  to  my  Nos.  27  and  28,  which  detail 
the  commencement,  progress,  and  conclusion  of  the  sales. 
This  sum,  added  to  the  £725  3s.  Id.  received  from  the  ac- 
countant general  of  the  court  of  chancery,  and  the  £116  2s. 
2d.  returned  to  me  by  the  solicitors,  will  show  that  the 
entire  sum  that  came  into  my  hands  was  £106,490  11s.  9d. 

I  am  next  to  inform  you  of  the  expenses  that  attended 
the  sales  of  the  stock,  and  shipping  and  bringing  over  the 
gold  to  this  country. 

After  I  had  finally  recovered  the  legacy  from  the  court 
of  chancery,  it  did  not  seem  to  me  prudent  that  I  should,  by 
myself  alone,  undertake  the  sales  of  the  stock  awarded, 
and  delivered  to  me  by  its  decree,  any  more  than  the  ship- 
ment of  the  gold,  into  which  the  money  was  afterwards  to 
be  converted;  these  ulterior  operations  being  usually  con- 
ducted through  mercantile  agencies,  and  being  of  a  nature 
not  to  be  advantageously,  if  safely,  conducted  without  them. 
Feeling  inadequate,  in  my  own  person  merely,  to  the  man- 
agement of  such  operations,  my  first  intention  was  that  the 
sales  of  the  stock,  as  a  highly  important  part  of  them, 
should  be  put  under  the  direction  of  some  experienced  mer- 
cantile or  banking-house  in  London,  familiar  with  the  modes 
of  doing  business  on  its  great  stock  exchange,  and  self-con- 
fident in  the  measures  to  be  taken.  But  I  found  that  to 
put  this  operation  into  such  hands  would  incur  acommision 
of  one  per  cent,  on  the  entire  fund,  as  mentioned  in  my  No. 


116  SMITHSONIAN    BEQUEST. 

27,  in  addition  to  brokerage  and  other  charges,  such  as  the 
expenses  on  transfers  and  stamps;  besides  that,  I  should 
have  had  to  part  with  the  possession  of  the  stock  to  such 
mercantile  or  banking-house  whilst  the  sales  were  going 
on.  I  was  also  given  to  understand  that  this  latter  step 
would  probably  lay  a  foundation  for  a  further  mercantile 
commission  on  receiving  and  paying. 

Weighing  all  these  circumstances,  I  came  to  the  conclu- 
sion to  keep  the  operation  of  selling  the  stock  in  my  own 
hands.  Nevertheless,  I  felt,  as  already  intimated,  that  I 
could  conduct  it  with  neither  skill  nor  safety  unless  under 
the  counsel  and  co-operation  of  a  person  well  informed  in 
these  matters,  and  trustworthy.  To  the  consul  of  the 
United  States  in  London  I  applied  as  to  such  a  person,  and 
received  from  him,  as  my  No.  27  informed  you,  this  aid  and 
co-operation,  in  the  fullest  and  most  efficient  manner,  daily, 
throughout  the  months  of  June  and  July,  until  all  the  sales 
were  effected;  and  effected,  I  may  be  allowed  to  add,  with 
favorable  results  not  to  have  been  surpassed,  as  I  have 
already  reported  to  you,  and  as  the  public  records  of  the 
London  stock  market  on  each  of  the  days  that  I  sold  will 
attest.  Into  his  hands  I  also  put  the  other  mercantile  busi- 
ness necessary  to  the  shipment  of  the  gold.  These  included 
the  obtaining,  verifying,  arranging,  packing,  and  securing 
it  for  shipment,  contracting  for  freight,  entering  and  clear- 
ing at  the  custom-house,  effecting  insurance,  (which  was 
done  at  five  principal  offices  and  with  thirty-two  private 
underwriters,)  and,  finally,  shipping  the  gold.  For  these 
services,  of  whatever  kind,  (and  I  had  many  incidental 
ones  from  him,  not  here  enumerated,)  I  allowed  and  paid 
him  a  commission  of  three-fourths  of  one  per  cent,  which 
amounted  to  £797  155.  6d. 

I  speak  from  good  information  when  expressing  a  belief 
that  an  equal  amount  of  assistance  and  services  to  me, 
under  all  the  heads  rendered,  could  not  have  been  com- 
manded through  the  usual  agency  of  banking  and  com- 
mercial houses,  on  so  heavy  and  responsible  a  moneyed 
operation,  at  a  less  charge  to  the  fund  than  a  commission 
of  from  two  to  two  and  a  half  per  cent,  on  the  whole 
amount  of  it;  and  that  this  falls  below  rather  than  goes 
beyond  what  it  might  be  expected  to  have  been. 

I  enclose  the  consul's  account,  signed  T.  Aspinwall, 
together  with  his  voucher  for  a  charge  of  £6  195.  4d.  for 
expenses  paid  by  him  on  shipping  the  fourteen  Smithsonian 
boxes. 

The.  premium  for  insurance  was  one  half  of  one  per  cent, 


SMITHSONIAN    BEQUEST.  117 

:and  amounted,  with  the  expense  of  stamps  and  polices,  to 
£599  3s.  4d.  The  statement  of  this,  as  paid  for  me  by  the 
consul,  will  be  seen  in  the  enclosure,  (marked  "Invoice,") 
on  which  are  also  certain  items,  as  dock  charges,  charges 
•for  bills  of  lading,  and  some  other  things,  amounting"  in 
all  to  £6  Os.  6d.,  accompanied  by  vouchers.  I  also  enclose 
the  policies  of  insurance.*  The  insurance  covered  all  com- 
missions and  charges  paid  in  London,  so  as  to  have  made 
the  United  States  entirely  whole  in  case  of  loss.  This  I 
directed,  thinking  it  most  prudent. 

The  expenses  on  selling  the  stock,  viz  :  brokerage,  charges 
on  the  transfers,  and  charges  for  stamps,  were  £120  4s.  6d. 
Theee  will  be  seen  in  my  account,  marked  among  the  en- 
closures H.  R. 

The  several  expenses  above  enumerated,  viz : 

1st.  The  consul's  commission  of  £797  15s.  6<i.,  and 
charges  £6  19s.  4d. 

2d.  The  premium  of  insurance,  stamps,  and  policies,  viz  : 
£599  3.5.  4d.,  with  the  charges  £6  Os.  6d. 

And  3.  The  expense  of  selling  the  stock,  viz :  £120  4s. 
6d..  deducted  from  the  gross  amount  of  moneys  that  came 
into  my  hands,  viz:  £106,490  11s.  9d.,  will  leave  £104,960 
8s.  7t/.,  which  was  the  precise  sum  in  gold  I  brought  over 
in  the  eleven  boxes,  and,  under  instructions  from  the  Secre- 
tary of  the  Treasury,  deposited  at  the  Mint  in  Philadelphia, 
on  the  1st  instant,  to  the  credit  of  the  Treasurer  of  the 
United  States. 

The  foregoing  is  the  statement  I  have  to  make  of  the  ex- 
penses. I  presume  to  hope  that  the}7  will  not  be  thought 
objectionable,  but,  on  the  contrary,  moderate  under  all  the 
heads.  If  I  have  been  somewhat  minute  in  explaining 
them,  it  is  for  the  better  understanding  of  the  different  ac- 
counts and  documents  enclosed,  trusting  that  this  will  be 
rny  excuse  when  about  to  surrender  up  a  trust  where  so 
much  pecuniary  responsibility  has  devolved  upon  me. 

In  regard  to  the  14  boxes  containing  the  personal  effects 
of  Mr.  Smithson,  it  will  be  perceived  that  the  letter  of  the 
solicitors,  of  the  5th  July,  mentions  that  they  had  sent  me 
a  list  of  them.  They  did  so,  and  I  enclose  it,  (marked  F.) 
It  is  proper  to  remark,  that  this  list  refers  to  but  one  of  the 
boxes,  or  rather  to  a  trunk,  as  their  letter  specifies,  and  it 
proved  to  be  erroneous.  I  preferred  that  all  these  boxes, 
and  the  trunk,  should  be  first  opened  at  the  consulate,  in 

*  It  has  been  deemed  unnecessary,  at  the  Department  of  State,  to  com- 
:municate  copies  of  the  several  policies  of  insurance  above  referred  to. 


118  SMITHSONIAN    BEQUEST. 

presence  of  the  consul  and  others,  who  might  aid  me  in  as- 
certaining their  contents.  When  the  trunk  was  opened, 
several  of  the  articles  down  upon  the  list  were  not  in  it.  I 
mentioned  this  to  the  solicitors,  and  it  produced  the  explan- 
atory letter  from  them  of  the  13th  of  July,  which  I  enclose, 
(marked  G.)  All  the  rest  of  the  boxes  were  filled  with 
things  of  little  intrinsic  value,  as  far  as  a  mere  superficial 
inspection  of  them,  pressed  upon  me  on  the  eve  of  my  em- 
barkation, could  determine.  They  seemed  to  be  chiefly  old 
books,  pamphlets,  manuscripts,  and  some  philosophical  or 
chemical  instruments.  Of  the  whole  contents,  (such  as  they 
were,)  all  were  left  as  we  found  them,  except  to  have  been 
repacked,  with  the  aid  of  the  consul  and  his  assistants,  and 
put  in  a  better  state  for  crossing  the  sea  than  they  were 
when  delivered  to  me.  When  first  opened,  it  was  evident 
that,  time,  mould,  and  careless  packing  in  the  first  instance, 
had  nearly  destroyed  many  of  the  articles. 

The  freight  payable  on  the  gold  was  not  paid  in  London, 
not  being  due  until  the  arrival  of  the  ship  at  New  York ; 
but  the  consul  agreed  with  the  captain  for  three-eighths  of 
one  per  cent.,  which  brought  the  amount  to  £393  125. 
Primage  was  £19  135.  8d.;  and  the  freight  and  primage  on 
the  14  Smithsonian  boxes  was  to  have  been  £3  85.  5d. 
These  several  charges  I  was  necessarily  obliged  to  assume 
for  the  United  States,  and  engaged  to  pay  them  when  the 
ship  got  to  New  York.  On  arriving  there,  I  received  the 
instructions  of  the  Secrefary  of  the  Treasury,  of  the  20th 
of  July,  directing  me  to  transfer  the  gold  to  the  Mint  at 
Philadelphia  as  soon  as  practicable  ;  it  being  added  that  the 
president  of  the  Bank  of  America  at  New  York  had  been 
requested  to  render  me  any  facilities  in  his  power.  The 
captain  of  the  ship  being  content  to  take  the  bank  as  pay- 
ment for  these  last-mentioned  charges,  I  thought  I  should 
best  consult  the  spirit  of  the  Secretary's  instructions  by 
leaving  the  bank  to  pay  them,  which  its  president  expressed 
an  immediate  readiness  to  do.  I  supposed  it  could  make 
no  difference  to  the  Government,  in  the  end,  whilst  it  saved 
the  necessity  of  opening  one  of  the  boxes  of  the  gold  at 
New  York,  out  of  which  fund  alone  I  could  have  made  the 
payment  if  demanded  of  me  under  the  engagement  I  had 
contracted.  The  bank  may  have  further  charges  to  make 
for  its  aid  to  me  otherwise  in  removing  the  gold  to  the  Mint, 
but  I  know  nothing  of  them  in  detail. 

Referring,  therefore,  to  that  part  of  the  Secretary's  letter 
to  me  of  the  7th  instant,  which  I  mentioned  in  my  No.  33, 
asking  a  statement  of  expenses  attending  the  transportation 


SMITHSONIAN    BEQUEST. 

of  the  gold  after  its  actual  shipment  at  London,  and  its 
transfer  to  the  Mint  at  Philadelphia  after  its  arrival  at  New 
York,  I  beg  to  offer  the  above  explanation,  having  paid 
nothing  myself. 

I  have  the  honor  to  remain,  with  great  respect,  your  obe- 
dient servant,  RICHARD  RUSH. 

Hon.  JOHN  FORSYTH,  Secretary  of  State. 


John  Forsyth  to  Led  Woodhury. 

DEPARTMENT  OF  STATE, 
WASHINGTON,  September  18,  1838. 

SIR  :  I  have  the  honor  to  transmit,  herewith,  two  letters 
from  Mr.  Richard  Rush,  Nos.  34  and  35,  with  the  papers 
which  accompanied  them,  in  relation  to  the  amount  re- 
covered of  the  Smithsonian  legacy,  and  the  expenses  attend- 
ing the  recovery,  and  the  transmission  of  the  proceeds  to 
this  country. 

I  am,  sir,  }^our  obedient  servant, 

JOHN  FORSYTH. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


Edward  Stubbs  to  Stephen  Pleasonton. 

DEPARTMENT  OF  STATE, 
WASHINGTON,  September  24,  1838. 

SIR  :  I  am  directed  to  transmit  to  you,  for  settlement,  the 
enclosed  account  of  Mr.  Richard  Rush,  and  a  letter  from 
him  (No.  36)  accompanying  it.  The  balance  which  may  be 
found  due  to  Mr.  Rush  he  wishes  to  have  remitted  to  him. 
The  compensation  and  allowance  for  expenses  are  to  be  up 
to  the  period  charged  in  the  account,  (the  20th  instant.) 

It  is  presumed  that  the  amount  repaid  to  Mr.  Rush  by 
the  solicitors  in  London,  mentioned  in  his  letter,  (£116  2s. 
2d.  sterling,)  which  was  paid  into  the  Treasury,  together 
with  the  avails  of  the  Smithsonian  legacy,  will  be  brought 
to  the  credit  of  the  appropriation  from  which  it  was  origi- 
nally taken,  and  thus  form  a  fund  from  which  the  balance 
due  to  Mr.  Rush  can  be  paid.  The  papers  explanatory  of 
this  circumstance  have  been  transmitted,  together  with  the 
account  of  the  legacy,  to  the  Treasury  Department. 
I  am,  sir,  your  obedient  servant, 

EDWARD  STUBBS,  Agent. 

STEPHEN  PLEASONTON,  Esq.,  Fifth  Auditor. 


120  SMITHSONIAN    BEQUEST. 

i 


Levi  Woodbury  to  the  President. 

TREASURY  DEPARTMENT,  Dec.  3,  1838. 

SIR  :  I  have  the  honor  to  report  to  you  that,  under  the 
act  of  Congress  approved  1st  July,  1836,  in  relation  to  the 
legacy  bequeathed  to  the  United  States  by  James  Smithson, 
the  sum  of  $508,318.46  has  been  received,  and  paid 'into  the 
Treasury  of  the  United  States. 

In  compliance  with  the  provisions  of  the  sixth  section  of 
the  act  of  Congress  for  the  support  of  the  Military  Academy 
of  the  United  States,  and  for  other  purposes,  approved  7th 
July,  1838,  the  sum  of  $499,500  has  been  expended  in  the 
purchase  of  five  hundred  bonds  of  the  State  of  Arkansas, 
for  one  thousand  dollars  each,  bearing  six  per  cent,  interest, 
payable  semi-annually,  on  the  first  days  of  January  and  July 
in  each  year,  from  the  fourth  day  of  September  last,  (the 
period  of  their  purchase.)  The  further  sum  of  $8,270.67 
has  been  applied  to  the  purchase  of  eight  bonds  of  the  State 
of  Michigan,  bearing  six  per  cent,  interest,  payable  semi- 
annually  hereafter,  on  the  first  Mondays  in  January  and 
July,  from  the  1st  of  May  last.  The  interest  on  all  these 
bonds  is  payable  at  the  city  of  New  York. 

There  is  still  left  in  the  Treasury  the  sum  of  $547.79 
which  has  not  yet  been  invested,  but  will  be  as  soon  as  a 
favorable  opportunity  offers. 

The  amount  received  in  London  by  the  agent  of  the 
United  States,  under  the  decree  of  the  court  of  chancery 
of  England,  was  the  gross  sum  of  £106,490  11s.  9d.,  includ- 
ing the  sum  of  £116  2s.  2c/.,  for  costs  refunded.  This  was 
reduced,  by  the  payment  of  commissions,  insurances,  &c., 
to  the  sum  of  £104,960  8s.  9d,  which  was  brought  into  the 
United  States  in  gold,  and  produced  at  the  Mint  the  sum  of 
$508,318.46,  before  mentioned. 

This  department  having  doubts  as  to  what  constituted  the 
amount  of  the  Smithsonian  fund,  consulted  the  Attorney 
General,  and  he  has  given  his  opinion  (hereto  annexed,  A,) 
that  the  proper  construction  to  be  given  to  the  legislation 
of  Congress  on  this  subject  requires  that  the  gross  amount 
of  the  payment  made  to  the  agent  of  the  United  States, 
after  deducting  the  costs  refunded,  as  before  stated,  shall 
constitute  the  fund,  "  and  all  expenses,  of  whatever  kind  or 
nature,  should  be  paid  out  of  the  appropriation  made  by  Con- 
gress." That  appropriation,  however,  not  being  sufficient,  an 
estimate  will  accordingly  be  submitted  to  the  House  of  Rep- 
resentatives, to  enable  the  Department  to  comply  with  the 


SMITHSONIAN    BEQUEST.  121 

:acts  of  Congress   referred  to,  in  accordance   with  the  con- 
struction thus  given  to  them  by  the  Attorney  General. 

The  estimate  to  he  submitted  is  for  $10,000.  Of  this,  the 
sum  of  $128.24  will  be  required  to  make  good  a  deficiency 
in  the  former  appropriation.  The  sum  of  $6,848.12  will  be 
required  to  be  added  to  the  fund,  on  the  principles  laid 
down  by  the  Attorney  General.  This  sum  is  estimated  on 
the  same  ratio  as  upon  the  amount  produced  in  the  United 
States  on  the  remittance  which  has  been  received.  The  bal- 
ance, $3,023.64,  will  be  required  to  pay  the  freight,  &c.,  of 
the  remittance  amounting,  to  $2,235.63,  arid  such  expenses 
as  ma3r  be  incurred  in  disposing  of  the  personal  effects  of 
Mr.  Smithson,  which  have  been  brought  to  the  United  States ; 
for  the  sale  of  which  I  would  suggest  that  provision  should 
be  made  by  Congress. 

This  report  is  submitted  to  you,  in  compliance  with  the 
resolution  of  the  House  of  Representatives,  which  you  re- 
ferred to  this  Department  for  the  necessary  information 
that  its  archives  would  furnish  in  relation  to  the  call  thus 
.made  upon  you. 

Respectfully  submitted  : 

LEVI  WOODBURY, 
Secretary  of  the  Treasury. 

To  the  PRESIDENT  of  the  United  States. 


A. 

Felix  Grundy  to  Levi  Woodbury. 

ATTORNEY  GENERAL'S  OFFICE,  November  16,  1838. 

SIR  :  I  have  the  honor  to  acknowledge  the  receipt  of  yours 
-of  the  llth  of  October  last,  requesting  my  opinion  upon 
various  points  in  relation  to  the  Smithsonian  legacy.  A 
separate  answer  to  each  of  your  inquiries  is  deemed  un- 
necessary, as  the  opinion  I  entertain,  arid  am  about  to  ex- 
press in  general  terms,  will  be  found  to  cover  most  of  them. 

James  Smithson,  of  London,  on  the  23d  of  October,  1826, 
-executed  his  last  will  and  testament,  by  which,  upon  the 
happening  of  certain  contingencies,  he  bequeathed  to  the 
United  States  of  America  all  his  property,  to  found  at 
Washington,  under  the  name  of  the  Smithsonian  Institu- 
tion, an  establishment  for  the  increase  and  diffusion  of 
knowledge  among  men.  The  Congress  of  the  United 
States,  by  an  act  passed  1st  of  July,  1836,  accepted  the 
bequest,  and  directed  the  President  to  appoint  an  agent  to 


122  SMITHSONIAN    BEQUEST. 

assert  and  prosecute  the  claim,  and  by  said  act  pledged  the?- 
faith  of  the  United  States  to  apply  the  moneys  and  other 
funds  which  might  be  received  to  carry  into  effect  the  pro- 
visions of  said  will ;  and,  by  the  fourth  section  of  said  act, 
it  is  provided,  "  that  to  the  end  that  the  claim  to  said  be- 
quest may  be  prosecuted  with  effect,  and  the  necessary 
expenses  in  prosecuting  the  same  be  defrayed,  the  President 
of  the  United  States  be,  and  he  is  hereby,  authorized  to 
apply  to  that  purpose  any  sum  not  exceeding  $10,000,"  &c. 

From  these  provisions  it  appears  to  me  that  Congress 
intended  that  there  should  be  no  diminution  of  the  funds 
bequeathed  for  the  purpose  specified  in  said  will,  but  that 
the  whole,  whatever  they  might  amount  to,  should  be  ap- 
plied to  carry  into  effect  the  intention  of  the  testator ;  and 
when  the  object  of  the  bequest  is  considered,  it  cannot  be 
supposed  that  Congress  would  act  in  any  other  than  a  liberal 
spirit. 

My  opinion,  therefore,  is,  that  the  amount  of  the  whole 
money  and  other  funds  received  by  the  agent  of  the  United 
States,  under  the  act  of  July  1st,  1836,  without  reduction, 
constitute  the  Smithsonian  fund,  for  the  purposes  specified 
in  said  Smithson's  will ;  and  that  the  whole  expenses  of" 
prosecuting  said  claim,  receiving,  and  transporting  the  same 
to  this  country,  including  any  additional  expenses  which 
imiy  have  been  incurred  here,  ought  to  be  defrayed  out  of 
the  appropriation  made  by  Congress. 

It  appears  that  cash  and  stocks,  which,  when  converted 
into  money,  amounted  to  £106,490  11s.  9rf.,  were  decreed 
to  the  United  States,  as  the  amount  of  the  legacy  and  be- 
quest in  said  will.  This  sum.  after  deducting  £116  2s.  2d., 
the  amount  of  costs  refunded,  is  the  amount  which  should 
be  paid  to  the  Treasurer  of  the  United  States,  to  be  kept 
and  disposed  of  according  to  the  provisions  of  the  act  of 
July  1,  1836,  and  the  sixth  section  of  the  act  of  July  7V 
1838  ;  and  all  expenses,  of  whatever  kind  or  nature,  should 
be  paid  out  of  the  appropriation  made  by  Congress. 

In  relation  to  the  disposition  of  the  other  personal  effects 
of  Mr.  Smithson,  which  have  been  transferred  to  this  country 
by  the  agent  of  the  United  States,  my  opinion  is,  that  Con- 
gress should  direct  the  disposition  of  them. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

FELIX  GRUNDY. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


SMITHSONIAN    BEQUEST.  12& 


RESIDUARY  BEQUEST  OF  JAMES  SMITHSON; 


From  Report  of  the  Secretary  for  the  year  1861. 


Information  has  been  received  from  London  of  the  death, 
at  an  advanced  age,  of  Madame  de  la  Batut,  the  mother  of 
the  nephew  of  James  Smithson,  to  whom  an  annuity  was 
conceded  as  a  compromise  by  the  Hon.  Richard  Rush,  with 
a  view  to  the  more  expeditious  realization  of  the  Smith- 
sonian legacy.  The  principal  of  this  annuity,  amounting 
to  five  thousand  and  fifteen  pounds,  (about  $25,000,)  will 
now  be  added  to  the  bequest  of  Smithson,  of  which  it  origi- 
nally formed  a  part. 


From  Proceedings  of  the  Board  of  Regents,  May  1,  1862. 

The  Secretary  gave  an  account  of  the  circumstances  con- 
nected with  the  money  left  in  England  by  Hon.  Richard 
Rush,  as  principal  of  an  annuity  to  the  mother  of  the 
nephew  of  Smithson,  and  presented  the  following  commu- 
nications from  Fladgate,  Clarke  &  Finch,  of  London. 
40  CRAVEN  STREET,  STRAND, 

London,  W.  C.,  May  16,  18-61. 

SIR  :  We  had  the  honor,  in  the  year  1838,  of  acting  pro- 
fessionally for  the  President  of  the  United  States  in  the 
suit  in  the  English  court  of  chancery,  under  which  the  funds 
for  the  foundation  of  the  Institution  (of  which  we  address 
you  as  manager)  were  decreed  to  be  paid  over  to  him  for 
the  purpose  of  establishing  the  Institution.  We  have  now 
to  make  to  you  as  the  manager  thereof  the  following  com- 
munication : 

On  referring  to  the  papers  connected  with  the  Institution 
you  will  find  that  a  sum  of  £5,015  three  per  cent.  consolsy 
part  of  the  estate  of  Smithson,  the  founder,  were  retained 
in  the  court  of  chancery  to  answer  a  claim  of  one  Madame 
de  la  Batut.  That  person  was,  in  fact,  entitled  to  a  life  in- 
terest in  the  fund,  and  at  her  death  it  was  to  revert  to  the 
President  as  an  additional  fund  for  the  purposes  of  the  In- 
stitution. 

Madame  de  la  Batut  is  now  dead,  so  that  the  fund  has 
become  transferable  to  the  President,  and  it  will  be  requi- 


124  SMITHSONIAN    BEQUEST. 

site  for  him,  or  some  person   duly  authorized  by  him,  to 
take  the  necessary  steps  to  obtain  a  transfer. 

We  have  had  some  communication  with  the  solicitor  of 
the  lady's  family,  who  writes  as  follows^ 

"  My  client  Mr.  La  Batut,  upon  taking  out  administra- 
tion to  his  late  mother,  Madame  La  Batut,  to  whom  Lieu- 
tenant Colonel  Henry  Lewis  Dickinson,  by  his  will  dated 
17th  July,  1819,  gave  half  of  the  income  of  his  property, 
for  her  life,  will  be  entitled  to -an  apportioned  part  of  such 
Income  from  the  last  payment,  on  the  22d  March,  1858,  to 
10th  September,  in  the  same  year,  which  would  amount  to 
about  £70. 

"  The  property  originally  consisted  of  French  5  per  cent, 
rentes,  payable  22d  March,  and  22d  September,  but  by 
order  of  the  court  a  sum  of  £5,015  three  per  cent,  consols 
was  invested  in  the  name  of  the  accountant  general  in  this 
suit,  to  the  separate  account  of  Mary  Ann  de  la  Batut.  the 
annuitant,  to  meet  the  payments  of  the  life  income.  By 
the  law  of  France,  the  life  income  is  apportionable  and  pay- 
able up  to  the  time  of  death,  and  Lieutenant  Colonel  Dick- 
inson having  been  domiciled  in  France  at  the  time  of  his 
death,  that  law  will  apply  to  this  case. 

"  Will  you  be  good  enough,  under  these  circumstances, 
to  obtain  the  consent  of  your  client  in  presenting  a  petition 
as  to  the  £5,015  and  the  arrears  of  dividends  due  thereon, 
to  ask  for  the  payment  to  my  client  of  the  apportioned  sum 
out  of  such  arrears,  without  obliging  him  to  go  to  the  ex- 
pense of  proving  the  law  of  France  upon  this  subject.  I 
will  hand  you  the  necessary  proof  of  death,  the  expense  of 
which  can  be  included  in  the  necessary  costs  of  the  appli- 
cation." 

We  should  recommend  that  the  request  contained  in  this 
letter  be  complied  with. 

We  have  the  honor  to  be,  sir,  your  most  obedient  ser- 
vants, 

FLADGATE,  CLARKE  &  FINCH. 

To  the  SMITHSONIAN  INSTITUTION, 

Washington,  U.  S. 

40  CRAVEN  STREET,  STRAND, 

London,  W.  C.,  October  26,  1861. 

SIR  :  Your  letter  of  the  14th  August  reached  us  in  the 
long  vacation  which  has  just  terminated,  and  we  hasten  to 
reply  to  it. 

All  that  will  be  requisite  to  be  done  in  the  first  instance 
.is,  that  we  should  have  the  authority  of  the  President  of; 


SMITHSONIAN    BEQUEST.  125 

the  United  States  to  present  a  petition  for  an  order  to 
have  the  fund  paid  to  him.  On  our  obtaining  this  order,  a 
power  of  attorney  will  be  sent  out  to  the  President  author- 
izing some  person  here  to  receive  from  the  court  of  chan- 
cery, and  transmit  to  him,  or  to  the  managers  of  the 
Smithsonian  Institution,  the  fund  in  question. 

Having  in  the  suit,  had  the  honor  of  acting  for  the  Presi- 
dent, it  might  be  within  our  functions  to  present  the  petition 
even  without  an  express  authority,  but  we  did  not  deem  it 
right  to  do  so  without  some  communication  with  the  Presi- 
dent or  with  the  managers  of  the  Institution. 

Of  course,  although  the  order  might  be  obtained  without, 
the  fund  can  only  be  dealt  with  on  the  signature  of  the 
President. 

We  have  the  honor  to  be,  sir,  your  very  obedient  ser- 
vants, 

FLADGATE,  CLARKE  &  FINCH. 

JOSEPH  HENRY,  Esq., 

Smithsonian  Institution,  Washington. 

On  motion  of  Mr.  Trumbull,  it  was 

Resolced,  That  the  Secretary  and  Executive  Committee 
consult  with  the  President  of  the  United  States  and  take 
such  action  as  may  be  necessary  for  obtaining  the  money 
referred  to  in  the  communication  from  the  solicitors  in 
London. 


From  Report  of  the  Secretary  for  the  year  1862. 

A  power  of  attorney  has  been  forwarded  from  the  Presi- 
dent of  the  United  States  to  Messrs.  Fladgate,  Clarke  & 
Finch,  of  London,  authorizing  them  to  collect  the  remainder 
of  the  Smithsonian  fund,  which  was  left,  by  the  Honorable 
Mr.  Rush,  as  the  principal  of  an  annuity  to  the  mother  of 
the  nephew  of  Smithson.  The  power  of  attorney  was  for- 
warded to  the  care  of  Honorable  Charles  F.  Adams,  Ameri- 
can minister  to  England,  and  the  money,  when  collected, 
will  be  deposited  with  George  Peabody  &  Co.,  bankers, 
London,  subject  to  the  order  of  the  Institution. 


From  Report  of  the  Secretary  for  the  year  1863. 

A  part  of  the  original  bequest,  amounting  to  £5,015,  was 
left  by  Mr.  Rush  in  England,  as  the  principal  of  an  annuity 
to  be  paid  to  the  mother  of  the  nephew  of  Smithson.  The 


126  SMITHSONIAN   BEQUEST. 

--annuitant  having  died,  a  power  of  attorney  was  sent,  in 
November,  1862,  to  Messrs.  Fladgate,  Clark  &  Finch  to  col- 
lect the  money  ;  but  it  has  not  yet  been  received.  Although 
the  whole  legacy  was  awarded  to  Mr.  Rush  in  behalf  of  the 
United  States,  after  an  amicable  suit  in  chancery,  various 
objections  have  been  raised  to  allowing  the  small  remainder 
to  be  sent  to  this  country.  These  objections  appear  to  be 
principally  of  a  technical  character^  and  are  scarcely  com- 
patible with  an  equitable  interpretation  of  the  facts  of  the 
case.  There  should  be  no  prejudice  in  England  in  regard 
to  the  construction  placed  upon  the  terms  of  the  bequest 
.and  the  policy  which  has  been  adopted,  since  one  hundred 
.and  sixty-nine  institutions  in  Great  Britain  and  Ireland  are 
recipients  of  the  Smithsonian  publications  and  specimens  of 
natural  history,  and  have  enjoyed  the  advantages  of  its  sys- 
tem of  international  exchange. 


From  Proceedings  of  the  Board  of  Regents,  January  25,  1864. 

The  Secretary  called  attention  to  the  unexpected  delays 
and  embarrassments  which  had  occurred  in  obtaining  the 
remainder  of  the  original  bequest  of  Smithson  left  in  Eng- 
land as  the  principal  of  an  annuity  to  the  mother  of  the 
nephew  of  Smithson,  and  read  the  correspondence  on  the 
subject  with  the  attorneys,  and  also  a  letter  from  Hon.  C. 
F.  Adams,  the  American  minister  to  England. 

On  motion  it  was 

Resolved,  That  a  committee  be  appointed,  consisting  oi 
the  Secretary,  Mr.  IT.  W.  Davis,  and  Professor  Bache,  to 
confer  with  the  Secretary  of  State  and  the  British  minister 
relative  to  the  action  of  the  English  authorities  in  regard 
to  the  money  due  the  Smithsonian  Institution. 


From  Report  of  the  Secretary  for  the  year  1864. 

It  was  mentioned  in  the  last  report  that  a  part  of  the 
original  bequest,  amounting  to  £5,015,  was  left  by  Mr.  Rush 
in  England  as  the  principal  to  secure  an  annuity  payable  to 
the  mother  of  Smithson's  nephew.  The  annuitant  having 
died,  a  power  of  attorney  was  sent  in  November,  1863,  to 
Messrs.  Fladgate,  Clark  and  Finch,  (the  same  firm  originally 
employed  by  Mr.  Rush,)  to  collect  the  money.  Alter  a 
considerable  delay,  arising  principally  from  technical  diffi- 


SMITHSONIAN    BEQUEST.  127 

Acuities,  the  money  was  obtained  and  deposited  to  the  order 
of  the  Institution,  with  George  Peabody  &  Co.,  bankers, 
London.  It  was  subsequently  drawn  through  the  agency 
of  the  Secretary  of  the  Treasury,  and  in  accordance  with 
the  law  of  Congress  directing  that  the  money  of  the  Smith- 
sonian bequest  should  be  invested  in  United  States  securi- 
ties, it  was  expended  in  the  purchase  of  government  bonds, 
bearing  interest  at  the  rate  of  7-j\  per  cent.  The  amount 
realized  in  bonds  of  this  denomination,  at  par,  was  $54,150. 
It  was  at  first  supposed  that  this  money,  or  at  least  the 
interest  upon  it,  could  immediately  be  applied  to  the  uses 
of  the  Institution,  but  from  a  critical  examination  of  the 
enactments  of  Congress  in  reference  to  the  Smithsonian 
fund,  it  was  found  that  the  appropriation  of  the  bequest  by 
the  act  organizing  the  establishment  in  1846,  related  only 
to  that  part  of  the  bequest  which  had  already  been  received, 
and  made  no  provision  for  the  disposition  of  the  residuary 
legacy  which  has  just  become  available.  It  can  scarcely  be 
•doubted,  however,  but  that  Congress  intended  to  appropriate 
the  whole  of  the  bequest  to  the  maintenance  of  the  estab- 
lishment; still,  for  this  purpose,  a  special  act  will  be  re- 
quired, and  it  is  desirable  that  the  sum  recently  received  be 
deposited  in  the  treasury  on  the  same  condition  with  the 
amount  originally  obtained  ;  that  the  interest  alone  shall  be 
subject  to  expenditure.  In  this  connection  it  is  proper  to 
remark  that  Mr.  Peabody,  who  received  the  deposit  of  the 
fund,  so  far  from  claiming  the  usual  commission,  allowed 
four  per  cent,  on  the  money  while  it  remained  in  his  hands. 


From  Proceedings  of  the  Board  of  Regents,  February  2,  1865. 

Professor  Henry  presented  the  question  as  to  the  dispo- 
sition of  the  residuary  legacy  of  Smithson  which  had  been 
received  from  England,  and  was  now  on  deposit  with  the 
Treasurer  of  the  United  States. 

On.  motion  of  Mr.  Patterson,  it  was 

Resolved,  That  the  Secretary  be  instructed  to  invest  the 
money  now  on  deposit  with  the  Treasurer  of  the  United 
States,  derived  from  the  residuary  legacy  of  James  Smith- 
eon,  in  United  States  bonds  bearing  7^  per  cent,  interest. 


From  Report  of  the  Secretary  for  the  year  1865. 

It  has  been  mentioned  in  the  two  preceding  reports,  that 
part  of  the  original  bequest  had  been  left  in  England  as  the 


128  SMITHSONIAN   BEQUEST. 

principal  of  an  annuity  payable  to  the  mother  of  Smithson's 
nephew.  The  annuitant 'having  died,  a  power  of  attorney 
signed  by  Abraham  Lincoln,  President  of  the  United  States, 
was  sent  to  Fladgate,  Clarke  &  Finch,  solicitors,  in  England, 
authorizing  them  to.  collect  the  money  and  pay  it  to  the 
order  of  the  Secretary  of  the  Smithsonian  Institution.  The 
proceeds  from  this,  deducting  the  expenses  of  collection, 
were  £5,262  Os.  3d.,  which  were  temporarily  deposited  with 
George  Peabody  &  Co.,  who  not  only  transacted  the  busi- 
ness without  charge,  but  allowed  four  per  cent,  interest  on 
the  money  while  it  remained  in  their  hands.  The  total 
amount  of  this  residuary  legacy  received  by  the  Institution, 
including  the  interest,  £153  195.  4d.,  was  $26,210.63  in 
gold,  which  being  sold  at  the  current  premium,  (about  107,) 
yielded  $54,165.38  in  United  States  currency.  This  sum 
was  invested  in  Government  bonds,  bearing  interest  at  7tV 
per  cent,  and  deposited  for  safe'  keeping  with  General 
Spinner,  the  Treasurer  of  the  United  States. 


From  Report  of  the  Executive  Committee  for  the  year  1865. 

It  appears  from  the  statement  of  the  Secretary,  and  the 
accounts  rendered  by  Riggs  &  Co.,  bankers  of  the  Institu- 
tion, that  the  remainder  of  the  legacy  of  Smithson,  which 
amounted  to  $26,210  63  in  gold,  was  sold  at  a  premium 
from  105  to  107 J  per  cent.,  yielding,  after  deducting  the 
cost  of  sale  and  United  States  tax,  $54,165  38.  This 
amount  was  expended  in  the  purchase  of  United  States 
bonds  bearing  7^p-  Per  cent,  interest  at  par. 

The  following  is  a  detailed  statement  of  the  whole  trans- 
action : 

1864. 
June  11.     The   amount  received   from   Fladgate,    Clarke   & 

Finch,  attorneys,  London,  as  the  residuary  legacy       £      s.    d. 

of  James  Smithson,  was 5,262     0     3 

This  amount  was  deposited  with  George  Peabody  & 
Co.,  hankers,  London,  who  allowed  interest  on  it 
to  the  5th  of  March,  1865 153  19  4 


5,415  19 


This  amount  was  equivalent  to  $26,210  63  in  gold,  which 
was  sold  by  Riggs  &  Co.,  under  the  direction  of  the  Secre- 
tary of  the  Institution,  as  follows  : 


'    SMITHSONIAN    BEQUEST.  129 

$10.000  00  at  207} $20,725  00 

15,000  00  at  206| 31'031  25 

1,000  00  at  207 2,070  00 

210  63  at  205 431  79 


26,210  63  54,258  04 

Less  brokerage,  J $65  53 

Less  United  States  tax,  -J^ 27  13 

92  66 


Net  amount  realized  from  sale  of  gold  ___ $54,165  38 

1865. 
February  17.  United  States  bonds  bearing  7T3Q  per  cent,  interest 

were  purchased  at  par  for 54,150  00 

Balance,  which  could  not  be  invested  on  account 
of  there  being  no  bonds  for  less  than  $50__ 15  38 


After  the  Secretary  bad  purchased  these  bonds  and  de- 
posited them  for  safekeeping  with  the  Treasurer  of  the 
United  States,  it  was  claimed  by  the  Secretary  of  the  Treas- 
ury that  this  money  was  not  under  the  control  of  the  Regents 
of  "the  Institution,  inasmuch  as  the  original  act  of  Congress 
of  1846,  establishing  the  Institution,  referred  to  only  so 
much  of  the  bequest  of  Smithson  as  was  then  in  the  Treas- 
ury of  the  United  States,  and  that  a  special  act  of  Congress 
would  be  required  to  apply  this  money,  or  the  interest  on 
it,  to  the  uses  of  the  Institution.  The  Executive  Commit- 
tee wrould  therefore  recommend  that  an  application  be  made 
to  Congress  for  such  a  disposition  of  this  money. 


From  Proceedings  of  the  Board  of  Regents,  March  24, 1866. 

The  subject  of  the  disposition  of  the  money  in  possession 
of  the  Secretary  of  the  Treasury,  resulting  from  the  residu- 
ary legacy  of  Smithson,  was  next  considered.  The  Secre- 
tary suggested  that  so  much  of  this  sum  as  was  received 
from  England,  independent  of  the  premium  on  the  coin,  viz  : 
$26,210  63,  should  be  added  to  the  amount  originally  de- 
posited in  the  Treasury  of  the  United  States  by  Mr.  Rush,, 
making  $541,379  63  as  the  total  bequest  of  Smithson,  and 
that  the  premium  and  the  interest  since  accrued  be  applied 
to  the  current  uses  of  the  Institution,  and  to  assist  in  defray- 
ing the  cost  of  the  restoration  of  the  building.  By  this 
arrangement  the  interesting  fact  could  be  stated  that,  after 
all  the  Institution  has  done  in  the  way  of  increasing  and 
diffusing  knowledge,  the  entire  sum  derived  from  the  be- 


130  MITH80NIAN    BEQUEST. 

quest  of  Smithson  is  still  uncliminished  in  the  Treasury  of 
the  United  States. 

The  Chancellor  recommended  that  the  sum  thus  added 
to  the  money  now  in  the  Treasury  of  the  United  States 
should  be  sufficient  to  make  up  the  amount  to  §550,000. 

On  motion  of  Mr.  Wallach,  it  was 

Resoked,  That  the  Secretary  he  directed  to  apply  to  Con- 
gress for  an  act  by  which  the  residuary  legacy  of  James 
Smithson,  now -in  the  possession  of  the  Secretary  of  the 
Treasury,  amounting  to  $26,210  63,  be  added  to  the  sum 
originally  received ;  and  that  also  from  the  income  of  the 
above-mentioned  residuary  legacy  the  further  sum  of 
$8,620  87  be  added,  making  the  total  amount  deposited  in 
the  Treasury  of  the  United  States  $550,000  as  the  trust 
fund,  the  interest  on  which  alone  is  to  be  applied  to  the 
maintenance  and  uses  of  the  Institution;  and  further,  that 
the  Regents  be  authorized  to  apply  the  remainder  of  the 
income'of  the  residuary  legacy  to  the  current  expenses  of 
the  Institution  and  the  reconstruction  of  the  building. 


From  Proceedings  of  the  Board  of  Regents,  January  28, 1867. 

On  motion  of  Mr.  Wallach,  the  following  resolution  was 
adopted : 

Resolved,  That  a  committee  of  three  be  appointed  to  pre- 
sent a  memorial  to  Congress  in  behalf  of  the  Board  of 
Regents,  requesting  the  passage  of  an  act  authorizing  the 
Treasurer  of  the  United  States  to  receive  into  the  treasury, 
on  the  same  terms  as  the  original  bequest,  the  residuary 
legacy  of  James  Smithson,  now  in  United  States  bonds  in 
the  hands  of  said  Treasurer,  namely,  $26,210.63,  together 
with  such  other  sums  as  the  Regents  may  from  time  to  time 
see  fit  to  deposit,  not  exceeding,  with  the  original  bequest, 
the  sum  of  one  million  dollars ;  and  that  the  income  which 
has  accrued  or  which  may  accrue  from  said  residuary  legacy 
be  applied  in  the  same  manner  as  the  interest  on  the  origi- 
nal bequest. 

The  Chancellor  appointed  Messrs.  Davis,  Patterson,  and 
Gurfield  as  the  committee. 


From  Proceedings  of  the  Board  of  Regents,  February  1,  1867. 

The  Secretary  presented  the  following  memorial  which 
had  been  offered  to  Congress  by  the  special  committee: 


SMITHSONIAN    BEQUEST.  131 

To  the  Honorable  the  Senate  and  House  of  Representatives 

in  Congress  Assembled  : 

The  Board  of  Regents  of  the  Smithsonian  Institution 
have  directed  the  undersigned  to  transmit  to  your  honor- 
able body  the  resolution  herewith  appended,  and  to  solicit 
the  passage  of  an  act  in  accordance  therewith. 

It  is  known  to  your  honorable  body  that  the  original  sum 
received  into  the  United  States  Treasury  from  the  bequest 
of  James  Smithson,  of  England,  was  $515,167,  which  was 
considered  a  trust  fund,  the  interest  alone  to  be  applied  to 
carrying  out  the  purpose  of  the  testator,  viz  :  u  The  increase 
and  diffusion  of  knowledge  among  men." 

This,  however,  was  not  the  whole  of  the  Smithsonian  be- 
quest, the  sum  of  £5,015  sterling,  having  been  left  b}'  Hon. 
R.  Rush,  the  agent  of  the  United  States,  as  the  principal  of 
an  annuity  to  the  mother  of  the  nephew  of  Smithson. 

The  annuitant  having  died,  the  sum  of  $26,210.63  has 
been  received  from  this  source,  and  is  now  in  charge  of  the 
Secretary  of  the  Treasury  of  the  United  States ;  and  no 
provision  having  been  made  in  the  act  of  August  10,  1846, 
establishing  the  Institution,  for  the  disposition  of  this  re- 
mainder of  the  legac}7,  your  memorialists,  in  behalf  of  the 
Board  of  Regents,  now  ask  that  it  be  added  to  the  original 
bequest  on  the  same  terms ;  and  that  the  increase  which  has 
arisen  from  interest  or  otherwise  on  the  sum  before  men- 
tioned, also  in  the  hands  of  the  Treasury  Department  of  the 
United  States,  be  transferred  to  the  Board  of  Regents  for 
assisting  to  defray  the  expense  of  the  reconstruction  of  the 
building,  and  for  other  objects  of  the  Institution. 

And  your  memorialists  would  further  ask  that  the  Board 
of  Regents  be  allowed  to  place  in  the  Treasury  of  the 
United  States,  on  the  same  terms  as  the  original  bequest, 
such  sums  of  money  as  may  accrue  from  savings  of  income 
and  from  other  sources,  provided  the  whole  amount  thus 
received  into  the  treasury  shall  not  exceed  one  million  dol- 
lars. 

The  sole  object  of  this  request  is  the  permanent  invest- 
ment and  perpetual  security  of  the  entire  Smithsonian 
bequest  and  such  other  sums  as  may  be  accumulated  from 
.savings  of  accrued  interest,  legacies,  &c. 

And  your  memorialists  will  ever  pray,  &c. 

S.  P.  CHASE, 

Chancellor. 
JOSEPH  HENRY, 
Secretary  Smithsonian  Institution. 


132  SMITHSONIAN    BEQUEST. 

Resolved,  by  the  Board  of  Regents  of  the  Smithsonian  Institu- 
tion, That  an  application  be  made  to  Congress  for  an  act 
authorizing  the  Treasurer  of  the  United  States  to  receive 
into  the  treasury,  on  the  same  terms  as  the  original  bequest, 
the  residuary  legacy  of  James  Smithson,  now  in  United 
States  bonds  in  the  hands  of  said  Treasurer,  namely,  $26,- 
210.63,  together  with  such  other  sums  as  the  Regents  may 
from  time  to  time  see  fit  to  deposit,  not  exceeding,  with  the 
original  bequest,  the  sum  of  $1,000,000 ;  and  that  the  in- 
come which  has  accrued  or  may  accrue  from  said  residuary 
legacy  be  applied  in  the  same  manner  as  the  interest  on  the 
original  bequest. 

Mr.  Patterson  stated  that  in  behalf  of  the  committee  he 
had  presented  the  memorial  to  the  House  of  Representa- 
tives, with  a  bill  in  accordance  therewith,  which  had  passed 
unanimously  that  day,  and  been  transmitted  to  the  Senate. 

Mr.  Trumbull  stated  that  this  bill  had  also  unanimously 
passed  the  Senate,  and  only  awaited  the  signature  of  the 
President  to  become  a  law. 


From.  Proceedings  of  the  Board  of  Regents,  February  22, 1867. 

The  Secretary  presented  the  following  copy  of  the  act  of 
Congress  relative  to  the  increase  of  the  trust  fund,  referred 
to  at  the  last  meeting  of  the  Board,  and  a  statement  of  what 
had  been  done  in  accordance  with  it: 

AN  ACT  authorizing  the  Secretary  of  the  Treasury  to  receive  into  the 
treasury  the  residuary  legacy  of  James  Smithson,  to  authorize  the  Re- 
gents of  the  Smithsonian  Institution  to  apply  the  income  of  the  said 
legacy,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Treas- 
ury be,  and  he  is  hereby,  authorized  and  directed  to  receive  into  the  Treas- 
ury, on  the  same  terms  as  the  original  bequest,  the  residuary  legacy  of 
James  Smithson,  now  in  United  States  bonds  in  the  hands  of  said  Secretary, 
namely,  twenty-six  thousand  two  hundred  and  ten  dollars  and  sixty-three 
cents,  together  with  such  other  sums  as  the  Regents  may  from  time  to  time 
see  fit  to  deposit,  not  exceeding  with  the  original  bequest  the  sum  of  one 
million  dollars. 

SEC.  2.  And  be  it  further  enacted,  That  the  increase  which  has  accrued, 
or  which  may  hereafter  accrue,  from  said  residuary  legacy,  shall  be  applied 
by  the  Board  of  Regents  of  the  Smithsonian  Institution 'in  the  same  man- 
ner as  the  interest  on  the  original  bequest,  in  accordance  with  the  provi- 
sions of  the  act  of  August  tenth,  eighteen  hundred  and  forty- six,  establish- 
ing said  Institution. 

Approved  February  8,  1867. 

The  Secretary  stated  that  in  accordance  with  the  direc- 
tions of  the  Board  of  Regents,  and  the  authority  conferred. 


SMITHSONIAN   BEQUEST.  138 

by  the  above  act,  he  had  increased  the  amount  of  the  Smith- 
sonian fund  in  the  Treasury  of  the  United  States  on  the 
19th  of  February,  1867,  to  $550,000,  in  the  following  man- 
ner: 

The  interest  at  7T3^  per  cent.,  due  for  two  years,  to  February 

15,  1867,  on  the  $54,150  U.  S.  bonds,  was  collected,  viz  : I        $7,905  90 

$25,400  of  the  Bonds  were  taken  by  the  Treasury  Depart- 
ment at  6  per  cent,  premium,  yielding  Bonds $25,400 

Premium 1,524 

26,924  00 

Interest  from  15th  February  to  19tli,  four  days 20  32 

Amount  realized 34,850  22 

Amount  placed  in  the  United  States  Treasury,  to  be  added 
to  the  original  trust  fund,  $515,169,  (making  it  $550,000)-—        34,831  00 

Leaving  a  balance  in  cash  of $19  22 

This  balance  was  deposited  with  Riggs  &  Co.  to  the  credit 
of  the  Smithsonian  account. 


CONGRESSIONAL  PROCEEDINGS. 


Message  from  the  President  of  the  United  States. 

WASHINGTON,  December  17,  1835. 

To  the  Senate  and  House  of  Representatives  of  the  United  States : 

I  transmit  to  Congress  a  report  from  the  Secretary  of 
State,  accompanying  copies  of  certain  papers*  relating  to  a 
bequest  to  the  United  States,  by  Mr.  James  Smithson,  of 
London,  for  the  purpose  of  founding,  at  Washington,  an 
establishment,  under  the  name  of  the  Smithsonian  Institu- 
tion, "for  the  increase  arid  diffusion  of  knowledge  among 
men."  The  Executive  having  no  authority  to  take  any 
steps  for  accepting  the  trust,  and  obtaining  the  funds,  the 
papers  are  communicated  with  a  view  to  such  measures  as 
Congress  may  deem  necessary. 

ANDREW  JACKSON. 


PROCEEDINGS  IN  THE  SENATE. 

SENATE,  December  21,  1835. 

The  message  was  read,  and  ordered  that  it  be  referred  to 
the  Committee  on  the  Judiciary,  and  printed. 

SENATE,  TUESDAY,  January  5,  1836. 

Mr.  Leigh,  from  the  Committee  on  the  Judiciary,  to 
whom  was  referred  the  message  of  the  President  of  the 
United  States,  of  the  21st  ultimo,  relative  to  the  bequest  of 
the  late  James  Smithson,  of  London,  made  a  report,  accom- 
panied by  a  joint  resolution  to  authorize  and  enable  the 
President  to  assert  and  prosecute  with  effect  the  claim  of 
the  United  States  to  the  legacy  bequeathed  to  them  by 
James  Smithson,  late  of  London,  deceased,  to  found  at 
Washington,  under  the  name  of  the  Smithsonian  Institu- 
tion, an  establishment  for  the  increase  and  diffusion  of 
knowledge  among  men.  The  resolution  was  read,  and 
passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed. 

*  For  these  papers  see  Correspondence. 

135 


136  CONGRESSIONAL    PROCEEDINGS. 

The  following  is  the  report : 

The  Committee  on  the  Judiciary,  to  whom  was  referred  the 
message  of  the  President  of  the  17th  December  last, 
transmitting  to  Congress  a  report  of  the  Secretary  of 
State,  accompanying  copies  of  certain  papers  relating  to 
a  bequest  to  the  United  States  by  Mr.  James  Smithson,  of 
London,  for  the  purpose  of  founding,  at  Washington,  an 
establishment  under  the  name  of  "  The  Smithsonian 
Institution,  for  the  increase  and  diffusion  of  knowledge 
among  men."  respectfully  report : 

That  it  appears  that  Mr.  James  Smithson,  late  of  London, 
deceased,  by  his  last  will  and  testament  bequeathed  the 
whole  of  his  property  to  his  bankers,  Messrs.  Drummonds, 
of  Charing  Cross,  London,  in  trust,  to  be  disposed  of  in  the 
manner  therein  provided  and  directed,  and  desired  his  said 
executors  to  put  his  property  under  the  management  of  the 
Court  of  Chancery ;  and  then,  (after  bequeathing  an  annuity 
of  £100  sterling  to  John  Fitall  for  life,)  he  bequeathed  and 
provided  as  follows :  "  To  Henry  James  Hungerford,  my 
nephew,  I  give  and  bequeath,  for  his  life,  the  whole  of  the 
income  arising  from  my  property  of  every  nature  and  kind 
whatever,  after  payment  of  the  above  annuity,  and  after  the 
death  of  John  Fitall  that  annuity  likewise;  the  payments 
to  be  made  to  him  at  the  time  interest  or  dividends  become 
due  on  the  stocks  or  other  property  from  which  the  income 
arises.  Should  the  said  Henry  James  Hungerford  have  a 
child  or  children,  legitimate  or  illegitimate,  I  leave  to  such 
child  or  children,  his  or  their  heirs,  executors,  and  assigns, 
the  whole  of  my  property  of  every  kind,  absolutely  and 
forever,  to  be  divided  between  them,  if  more  than  one,  in 
the  manner  their  father  shall  judge  proper ;  and  in  case  of 
his  omitting  to  decide  this,  as  the  Lord  Chancellor  shall 
judge  proper.  Should  my  said  nephew,  Henry  James  Hun- 
gerford, marry,  I  empower  him  to  make  a  jointure.  In  case 
of  the  death  of  my  said  nephew  without  leaving  a  child  or  children, 
or  of  the  death  of  the  child  or  children  he  may  have  had,  under 
the  age  of  twenty -one  years,  or  intestate,  I  then  bequeath  the 
whole  of  my  property  (subject  to  the  annuity  of  £100  to  John 
Fitall,  and  for  the  security  and  payment  of  which  I  mean 
stock  to  remain  in  this  country)  to  the  United  States  of  Amer- 
ica, to  found,  at  Washington,  under  the  name  of  the  Smithsonian 
Institution,  an  establishment  for  the  increase  and  diffusion  of 
knowledge  among  men.'7 

It  further  appears,  from  a  letter  of  Messrs.  Clarke,  Fyn- 
more,  and  Fladgate,  solicitors,  to  Mr.  Vail,  charge  d'affaires 


TWENTY-FOURTH    CONGRESS,    1835-37.  137 

-of  the  United  States  at  London,  dated  the  21st  July  last, 
communicated  by  Mr.  Vail  to  the  Secretary  of  State,  thai 
pursuant  to  the  instructions  contained  in  Mr.  Smithson's 
will,  an  amicable  suit  was,  on  the  death  of  that  .testator, 
brought  in  the  court  of  chancery  of  England,  by  the  lega- 
tee, Mr.  Hungerford,  against  the  Messrs.  Drummonds,  the 
•executors,  in  which  suit  the  assets  were  realized  ;  that  these 
wore  very  considerable ;  that  there  is  now  standing  in  the 
name  of  the  accountant  general  of  the  court  of  chancery, 
on  the  trusts  of  the  will,  stock  amounting  in  value  to  about 
£100,000;  that  Mr.  Hungerford,  during  his  life,  had  re- 
ceived the  income  arising  from  this  property  ;  but  that  news 
had  reached'England  that  Mr.  Hungerford  had  died  abroad, 
leaving  no  child  surviving  him ;  so  that  the  event  has  hap- 
pened on  which  the  executory  bequest  of  this  large  property 
was  made  by  the  testator,  Mr.  Smithson,  to  the  United 
States,  to  found,  at  Washington,  under  the  name  of  "  The 
Smithsonian  Institution,"  an  establishment  for  the  increase 
and  diffusion  of  knowledge  among  men,  Messrs.  Clarke, 
Fynmore,  and  Fladgate  also  inform  Mr.  Yail  that  it  has 
now  become  necessary  that  measures  should  be  taken  for 
the  purpose  of  getting  the  decision  of  the  court  of  chancery 
as  to  the  further  disposition  of  the  property;  that  it  is  not 
clearly  defined  in  Mr.  Smithson's  will,  to  whom,  on  behalf 
of  the  United  States,  the  property  should  be  paid  or  trans- 
ferred ;  and  indeed  there  is  so  much  doubt  that  they  appre- 
hend the  attorney  general  on  behalf  of  the  crown  of 
England  must  be  joined  in  the  proceedings  which  it  may  be 
requisite  the  United  States  should  institute;  that  they  act, 
in  this  matter,  for  Messrs.  Drummonds,  the  bankers,  who 
are  mere  stake-holders,  and  are  ready  to  do  all  in  their 
power  to  facilitate  getting  the  decision  of  the  court  of 
chancery,  and  carrying  the  testator's  intentions  into  effect; 
and  that  they  will  be  happy  to  communicate  with  such  pro- 
fessional advisers  as  the  Government  of  the  United  States 
shall  think  fit  to  appoint  to  act  for  them  in  England.  And 
having  thus  stated  the  nature  of  the  business,  they  add, 
that  they  abstain  from  making  any  suggestion  as  to  the 
party  in  whose  name  proceedings  should  be  adopted,  con- 
sidering that  the  point  should  be  determined  by  counsel  in 
England,  after  the  opinion  of  the  proper  law  officers  in  the 
United  States  shall  have  been  taken  on  the  subject. 

In  a  letter  of  Mr.  Vail  to  the  Secretary  of  State,  of  the 
28th  July  last,  communicating  a  copy  of  Mr.  Smithson's 
will,  and  the  letter  of  Messrs.  Clarke,  Fynmore,  and  Flad- 
gate, to  him,  he  says  that  that  letter,  and  the  inquiries  he 


138  CONGRESSIONAL    PROCEEDINGS. 

has  made,  leave  no  doubt  of  the  will  of  Mr.  Smithson  hav- 
ing been  established,  and  its  dispositions  recognized  by  the 
court  of  chancery  of  England ;  that,  according  to  the  view 
taken  of  the  case  by  the  solicitors,  the  United  States,  in  the 
event  of  their  accepting  the  legacy,  and  the  trust  coupled 
with  it,  should  come  forward,  by  their  representative,  and 
make  themselves  parties  to  an  amicable  suit  before  the 
Lord  Chancellor  of  England,  for  the  purpose  of  legally 
establishing  the  fact  of  the  demise  of  Mr.  Hungerford,  the 
legatee  for  life,  without  children  and  intestate,  proving  their 
claim  to  the  benefit  of  the  will,  and  obtaining  a  decree  in 
chancery  awarding  to  them  the  proceeds  of 4 the  estate; 
that  Messrs.  Clarke,  Fynmore,  and  Fladgate,  are  willing  to 
undertake  the  management  of  the  suit  on  the  part  of  the 
United  States;  and  that,  from  what  he  has  learnt  of  their 
standing,  they  may  safely  be  confided  in.  And  Mr.  Vail 
suggests,  upon  the  advice  of  those  gentlemen,  a  method  of 
proceeding  to  assert  the  claim  of  the  United  States  to  the 
legacy,  without  further  delay,  in  case  it  should  be  thought 
unnecessary  to  await  the  action  of  Congress  to  authorize 
the  institution  of  the  requisite  legal  proceedings. 

The  Secretary  of  State  submitted  the  letter  of  Mr.  Vail, 
and  the  papers  therewith  communicated,  to  the  President, 
who  determined  to  lay  the  subject  before  Congress  at  its 
next  session ;  and  of  this  determination  the  Secretary  of 
State  apprized  Mr.  Vail,  in  a  letter  of  the  26th  September 
last. 

The  president,  in  his  message  of  the  17th  December, 
transmits^to  Congress,  all  the  correspondence  and  informa- 
tion relating  to  the  subject,  as  the  same  had  been  reported 
to  hirn  by  the  Secretary  of  State;  and  adds,  that  "the 
Executive  having  no  authority  to  take  any  steps  for  accept- 
ing the  trust,  and  obtaining  the  funds,  the  papers  are  com- 
municated with  a  view  to  such  measures  as  Congress  may 
deem  necessary." 

The  committee  concur  in  the  opinion  of  the  President, 
that  it  belongs  to  the  Legislature  to  devise  and  prescribe 
the  measures,  if  any,  proper  to  be  adopted  on  this  occasion, 
and  to  provide  for  such  expenses  as  may  be  incurred  in  the 
prosecution  of  them. 

^  Judging  from  the  letters  of  Mr.  Vail  to  the  Secretary  of 
State,  and  of  Messrs.  Clarke,  Fynmore  &  Fladgate  to  Mr. 
Vail,  as  well  as  from  the  information  which  the  committee 
themselves  have  been  able  to  gather,  as  to  the  course  of 
adjudication  of  the  court  of  chancery  of  England  in  such 
cases,  the  committee  suppose  it  unquestionable,  that  the- 


TWENTY-FOURTH    CONGRESS,  1835-37. 

executory  bequest  contained  in  Mr.  Smithson's  will,  of  bis 
whole  property  to  the  United  States,  in  the  event  that  has 
occurred,  for  the  purpose  of  founding,  at  Washington, 
under  the  name  of  the  Smithsonian  Institution,  an  estab- 
lishment for  the  increase  and  diffusion  of  knowledge  among 
men,  is,  by  the  law  of  England,  a  valid  bequest ;  that  the 
United  States,  will  be  entertained  in  the  court  of  chancery 
of  England,  to  assert  their  claim  to-  the  fund,  as  trustees, 
for  the  purpose  of  founding  the  charitable  institution  at 
Washington  to  which  it  is  destined  by  the  donor;  and  that 
that  court  will  decree,  that  the  fund  shall  be  paid  and  trans- 
ferred to  the  United  States,  or  their  lawfully  authorized 
agent,  leaving  it  to  the  United  States  to  apply  the  property 
to  the  foundation  of  the  intended  charity  at  Washington, 
and  to  provide  for  the  due  administration  of  the  fund,  so  as 
to  accomplish  the  purpose  of  the  donor.  The  committee 
are  sensible,  however,  that  these  are  points  which  can  only 
be  determined  and  settled  by  the  judicial  authority  of  Eng- 
land. 

In  the  opinion  of  the  committee,  the  questions  which  it 
behooves  Congress  to  consider,  are,  whether  it  is  competent 
to  the  United  States,  whether  it  comports  with  their  dignity, 
whether  (all  circumstances  considered)  it  is  expedient  and 
proper  that  the  United  States  should  appear  as  suitors  in 
the  courts  of  justice  of  England,  to  assert  their  claim  to  the 
legacy  in  question,  as  trustees  for  the  intended  charitable 
institution  to  be  founded  at  Washington. 

It  might  be  a  question  of  much  doubt  and  difficulty, 
whether  it  would  be  within  the  competency  of  the  Govern- 
ment of  the  United  States  to  appropriate  any  part  of  the 
general  revenue  collected  from  the  nation  at  large,  to  the 
foundation  and  endowment  of  a  literary  or  any  other  chari- 
table institution  in  the  District  of  Columbia.  But,  in  the 
opinion  of  the  committee,  no  such  question  is  involved  in 
the  consideration  of  the  present  subject.  The  fund  given 
to  the  United  States  by  Mr.  Smithson's  will,  is  nowise,  and 
never  can  become,  part  of  their  revenue;  they  cannot  claim 
or  take  it  for  their  own  benefit;  they  can  only  take  it  as 
trustees,  to  apply  to  the  charitable  purpose  for  which  it  was 
intended  by  the  donor. 

The  committee  can  see  no  reason  to  doubt,  that  the 
United  States  must  be  regarded  as  the  parcns  patriot  of  the 
District  of  Columbia;  that,  in  that  character,  they  have  a 
right,  and  they  are  in  duty  bound,  to  assert  a  claim  to  any 
property  given  to  them  for  the  purpose  of  founding  a  char- 
itable institution  of  any  kind  within  the  District,  and  to>- 


CONGRESSIONAL  PROCEEDINGS. 

provide  for  the  due  application  and  administration  of  such 
a  fund  when  they  have  obtained  possession  of  it ;  that  the 
rights  and  duties  of  the  United  States,  as  parens  patrice  of 
the  District,  in  such  a  case,  are  the  same,  whether  the  char- 
itable donation  be  made  by  the  subject  of  a  foreign  nation, 
or  by  a  citizen,  or  whether  the  claim  to  the  bounty  is  to  be 
asserted  before  a  domestic  court  of  justice,  or  before  a  for- 
eign tribunal,  which,  by  the  comity  of  nations,  or  the  laws 
of  its  own  country,  is  bound  to  entertain  the  claim,  and  to 
adjudge  the  property  to  the  United  States,  if  they  are  by 
law  entitled  to  it.  If  a  foreign  tribunal,  decreeing  such 
property  to  the  United  States,  should  think  proper  to  im- 
pose any  conditions  incompatible  with  the  constitutional 
powers  of  this  Government,  or  with  its  duties  or  its  dignity, 
the  United  States  may  then  decline  to  accept  the  property 
and  the  trust.  But  no  difficulty  of  that  kind  is  appre- 
hended. 

The  committee  are  also  of  the  opinion  that  the  United 
States,  in  prosecuting  a  claim  to  property  given  to  them  for 
the  purpose  of  founding  a  charitable  institution  within  the 
District  of  Columbia,  and  which  they  are  entitled  to  claim, 
and  take,  and  regulate  the  administration  of,  as  the  j wrens 
patrice  of  the  District,  may  properly  appropriate,  out  of 
their  general  revenue,  such  sums  as  may  be  necessary  to 
prosecute  the  claim  with  effect — since  the  United  States 
have  no  other  pecuniary  means  to  defray  the  expenses  that 
may  be  incurred  in  exercising  their  powers,  or  in  perform- 
ing their  duties,  as  parens  patrice  of  the  District,  but  such  as 
tire  afforded  by  their  general  revenue. 

Upon  the  whole,  the  committee  are  of  opinion  that  it  is 
within  the  competency  of  the  Government  of  the  United 
States,  that  it  well  comports  with  its  dignity,  that,  indeed, 
it  is  its  duty,  to  assert  in  the  courts  of  justice  of  England 
the  claim  of  the  United  States,  to  the  legacy  bequeathed  to 
them  by  Mr.  Smithson's  will,  for  the  purpose  of  founding, 
•at  Washington,  under  the  name  of  "  The  Smithsonian  In- 
stitution," an  establishment  for  the  increase  and  diffusion 
of  knowledge  among  men ;  and  that  provision  ought  to  be 
made  by  Congress  to  enable  the  Executive  to  assert  and 
prosecute  the  claim  with  effect. 

Therefore,  the  committee  recommend  the  adoption  of  a 
joint  resolution  authorizing  the  President  to  take  measures 
for  recovering  the  said  legacy. 

SENATE,  FRIDAY,  February  5,  1836. 
The  resolution  to  authorize  and  enable  the  President  to 


TWENTY-FOURTH    CONGRESS,  1835-37.  141 

assert  and  prosecute  with  effect  the  claim  of  the  United 
States  to  the  legacy  bequeathed  to  them  by  James  Smithson, 
was  read  the  second  time,  and  considered  as  in  Committee 
of  the  Whole  ;  and, 

On  motion  by  Mr.  PRESTON, 

Ordered,  That  it  be  laid  on  the  table. 

SENATE,  SATURDAY,  April  30,  1836. 

On  motion  of  Mr.  PRESTON,  the  Senate  took  up  the  bill 
authorizing  the  President  of  the  United  States  to  appoint 
an  agent  or  agents  to  prosecute  and  receive  from  the  British 
Court  of  Chancery  the  legacy  bequeathed  to  the  United 
States  by  the  late  James  Smithson  of  London,  for  the  pur- 
pose of  establishing  at  Washington  city  an  institution  for 
the  increase  of  knowledge  among  men,  to  be  called  the 
Smithsonian  University. 

Mr.  PRESTON  said,  that  by  this  will  it  was  intended  that 
this  Government  should  become  the  beneficiaries  of  this 
legacy,  and  contended  that  if  they  had  not  the  competence 
to  receive  it  by  the  Constitution,  the  act  of  no  individual 
could  confer  the  power  on  them  to  do  so.  He  claimed  that 
they  had  not  the  power  to  receive  the  money  for  national 
objects,  and  if  so,  the  expending  it  for  another  object  was 
a  still  higher  power.  He  controverted  the  position  that  if 
they  could  not  receive  it  as  the  beneficiary  legatee,  they 
might  receive  it  as  the  fiduciary  agent.  If  they  had  not  the 
power  to  establish  an  university  without  the  power  conferred 
on  them  by  a  grant,  they  could  not  have  it  with  the  grant ; 
or  what  they  could  not  exercise  directly,  they  could  not  ex- 
ercise as  trustee.  He  referred  to  a  report  made  by  Mr. 
Adams  in  the  House  of  Representatives,  in  which  the  gen- 
ealogy of  Mr.  Smithson  was  given  and  traced  through  the 
line  of  the  illustrious  Percys  and  Seymours  of  England. 
He  thought  this  donation  had  been  partly  made  with  a  view 
to  immortalize  the  donor,  and  that  it  was  too  cheap  a  way 
of  conferring  immortality.  There  was  danger  of  their  im- 
aginations being  run  away  with  by  the  associations  of  Chevy 
Chase  ballads,  &c.,  and  he  had  no  idea  of  this  District  being 
used  as  a  fulcrum  to  raise  foreigners  to  immortality  by  get- 
ting Congress  as  the  parens  patrice  of  the  District  of  Colum- 
bia to  accept  donations  from  them. 

The  committee  had  misconceived  the  facts ;  the  bequest 
was  to  the  United  States  of  America  to  found  an  university 
in  the  District  of  Columbia,  under  the  title  of  the  "  Smith- 
sonian University,"  and  the  execution  of  the  terms  of  the 
legacy  was  to  redound  to  the  purposes  of  the  donation, 


-[42  CONGRESSIONAL    PROCEEDINGS. 

which  was  for  the  benefit  of  all  mankind.  It  was  general 
in  its  terms,  and  not  limited  to  the  District  of  Columbia;  it 
was  for  the  benefit  of  the  United  States,  and  could  not  be 
received  by  Congress. 

Mr.  LETGH  said,  he  would  thank  the  gentleman  to  inform 
the  Senate  that  the  report  he  had  referred  to  was  made  in 
the  House  of  Representatives,  and  not  by  a  committee  of 
the  Senate.  The  report  of  the  Senate's  committee  was 
simply  a  statement  of  matters  of  fact.  Mr.  L.  explained 
the  provisions  of  the  will,  which  were  simply  these  :  The 
testator,  James  Smithaon,  bequeathed  to  his  nephew,  James 
Henry  Hungerford,  a  legacy  of  one  hundred  thousand 
pounds  sterling;  providing,  that  if  Mr.  Hungerford  should 
die  without  children,  the  legacy  should  enure  to  the  United 
States,  for  the  purpose  of  founding,  at  the  city  of  Washing- 
ton,  an  institution  for  the  increase  of  knowledge  among 
men,  to  be  called  the  Smithsonian  University;  and  the 
Government  had  received  information  from  the  American 
consul  at  London,  that  Mr.  Hungerford  had  lately  died 
without  ever  having  been  married,  and  without  leaving  any 
children.  It  now  became  necessary,  Mr.  L.  said,  for  Con- 
gress to  determine  whether  it  was  competent  for  the  United 
States  to  receive  this  money ;  and  if  they  should  receive  it, 
to  take  measures  for  carrying  the  intentions  of  the  testator 
into  effect.  The  committee  to  whom  this  subject  had  been 
referred  were  all  of  opinion,  with  the  exception  of  the  gen- 
tleman from  South  Carolina,  (Mr.  Preston,)  that  it  was 
proper  for  the  United  States  to  receive  this  money.  They 
had  not  considered  the  question  at  all,  whether  it  was  in 
the  power  of  Congress  to  establish  a  national  university ; 
nor  was  it  necessary  they  should  do  so.  They  looked  upon 
this  bequest  as  having  been  made  simply  for  the  benefit  of 
one  of  the  cities  of"  the  District  of  Columbia,  of  which 
Congress  was  the  constitutional  guardian,  and  could  receive 
and  apply  the  money  in  that  form.  Congress  was  the  parens 
patriot  of  the  District  of  Columbia,  in  the  sense  laid  down 
by  Blackstone ;  a  power  which  necessarily  belonged  to 
every  government,  and  could  therefore  very  properly  re- 
ceive this  trust  for  a  charitable  purpose  in  the  District  of 
Columbia.  Congress  had  in  fact  exercised  this  power  of 
parens  patriot  of  the  District  in  the  establishment  of  an 
orphans'  court,  in  the  erection  and  support  of  a  peniten- 
tiary, and  could  create  an  establishment  to  take  care  of 
lunatics;  and  indeed,  if  it  did  not  possess  this  power,  in 
what  a  deplorable  condition  would  this  District  be.  The 
.States  of  Maryland  and  Virginia  undoubtedly  possessed 


TWENTY-FOURTH    CONGRESS,  1835-37.  14b 

this  power,  and  of  course  Congress  derived  it  as  to  the 
District  from  their  deeds  of  cession.  He  did  not  look 
upon  this  legacy  to  be  for  the  benefit  of  the  United  States, 
but  for  the  benefit  of  one  of  the  cities  of  the  District,  over 
which  Congress  was  guardian,  and  he  had  therefore  no 
difficulty  in  voting  for  the  bill. 

Mr.  PRESTON  was  aware  of  the  decision  of  the  Supreme 
Court  cited  by  the  Senator  from  Virginia,  (Mr.  Leigh,)  that 
;  the  people  of  this  District  might  be  taxed  without  represen- 
tation, and  he  had  no  doubt  that  these  corporations  could 
•exercise  a  trust — but  this  was  not  a  trust  to  the  city  of 
Washington.  The  United  States  was  the  cestiti  qui  trust, 
and  not  the  city  of  Washington.  The  corporation  of  the 
city  of  Washington  could  not  enforce  this  claim  in  a  court 
of  chancery  in  England.  If  an  institution  of  the  kind  was 
desired,  he  would  prefer  it  to  be  established  out  of  our  own 
funds,  and  not  have  Congress  pander  to  the  paltry  vanity 
of  an  individual.  If  they  accepted  this  donation,  every 
whippersnapper  vagabond  that  had  been  traducing  our 
country  might  think  proper  to  have  his  name  distinguished 
in  the  same  way.  It  was  not  consistent  with  the  dignity  of 
the  country  to  accept  even  the  grant  of  a  man  of  noble 
birth  or  lineage. 

Mr.  CLAYTON  said  the  Senator  from  South  Carolina  (Mr. 
Calhoun)  had  considered  this  as  a  donation  to  the  United 
States.  It  was  not  so.  The  United  States  was  merely 
named  in  the  will  as  the  trustee,  and  was  to  receive  no 
benefit  whatever.  It  was  merely  a  charitable  object  to 
establish  an  university  in  the  District  of  Columbia.  They 
had  established  similar  institutions  within  the  District  of 
Columbia,  by  acts  of  Congress,  and  no  one  doubted  the 
power  to  permit  persons  from  other  places  to  be  educated 
in  them. 

Mr.  CALHOUN  said  if  his  memory  served  him,  there  was 
opposition  made  to  the  passage  of  those  acts. 

Mr.  CLAYTON  said  he  believed  there  was  some  objection 
made  to  the  policy,  but  not  to  the  power  of  making  the 
donation.  It  was  to  be  located  in  the  city  of  Washington, 
and  persons  in  the  city  would  be  more  benefited  by  it  than 
any  others. 

Mr.  CALHOUN  was  of  opinion  that  this  donation  was  made 
expressly  to  the  United  States.  By  reading  the  terms  in 
which  the  bequest  was  made,  it  was  impossible  to  conceive 
otherwise.  The  bequest  was  "  to  the  United  States  of 
America,  for  the  purpose  of  establishing,  at  the  city  of 
Washington,  an  institution  for  the  increase  of  knowledge 


144  CONGRESSIONAL    PROCEEDINGS. 

among  men."  Now,  take  out  the  words  the  "  city  ot 
Washington,"  and  the  donation,  was  clearly  to  the  United 
States.  The  words,  "  the  city  of  Washington,"  were  only 
used  to  designate  the  place  where  the  university  was  to  be 
established,  and  not  by  any  stretch  of  the  meaning  of  lan- 
guage to  be  considered  as  making  the  donation  to  the  city. 
He  understood  the  Senators  on  all  hands,  to  agree  that  it 
was  not  in  the  power  of  Congress  to  establish  a  nation al 
university,  and  they  all  agreed  that  they  could  establish  a 
university  in  the  District  of  Columbia.  Now,  on  this  prin- 
ciple, they  could  not  receive  the  bequest,  for  the  District  of 
Columbia  was  not  even  named  in  it;  the  city  of  Washing- 
ton being  only  designated  as  the  place  where  tin-  university 
was  to  be  established,  and  the  bequest  being  expressly  made 
to  the  United  States.  He  thought,  that  acting  under  this 
legacy,  would  be  as  much  the  establishment  of  a  national 
university,  as  if  they  appropriated  money  for  the  purpose; 
and  he  would  indeed  much  rather  appropriate  the  money, 
for  he  thought  it  was  beneath  the  dignity  of  the  United 
States  to  receive  presents  of  this  kind  from  anyone.  He 
could  never  pass  through  the  rotunda  of  the  Capitol,  with- 
out having;  his  feelings  outraged  by  seeing  that  statue  of 
Mr.  Jefferson  which  had  been  placed  there  contrary  to  their 
consent. 

Mr.  SOUTHARD  said  that  the  Senator  from  South  Carolina 
was  mistaken  in  saying  that  every  Senator  agreed  that  it 
was  not  in  the  power  of  Congress  to  establish  a  national 
university.  He,  for  one,  believed  that  Congress  had  the 
unquestionable  right  to  do  so.  This,  however,  did  not  in- 
volve the  constitutionality  of  the  question  before  them,  as, 
in  his  opinion,  the  most  rigid  construction  of  the  constitu- 
tion would  not  be  adverse  to  the  bill.  Congress  had  the 
same  right  to  establish  this  university,  as  they  had  to  charter 
a  college  in  Georgetown  or  Alexandria. 

Mr.  BUCHANAN  believed  that  Congress  had  the  power  to 
receive  and  apply  this  money  to  the  purposes  intended  by 
the  testator,  without  involving  the  question  whether  they 
had  the  power  to  establish  a  national  university  or  not. 
There  was  no  question  but  that  James  Smithson,  in  his  life- 
time, had  a  right  to  establish  a  university  at  the  city  of 
Washington,  and  call  it  the  Smithsonian  University;  or  a 
national  university,  if  he  pleased  ;  and  Congress,  by  receiv- 
ing and  applying  this  bequest,  would  only  act  as  the  trustee 
of  the  city  of  Washington,  for  whose  benefit  it  was  made. 

Mr.  WALKER  would  not  discuss  the  question  whether  this 
was  a  national  university,  because  he  believed  that  question 


TWENTY-FOURTH    CONGRESS,  1835-37.  145 

was  not  involved.  But  he  should  vote  for  the  bill  on  the 
ground  that  Congress  would  be  doing  manifest  injustice  to 
the  citizens  of  the  city  of  Washington  by  refusing  to  accept 
the  donation.  It  was  true  that  it  operated  for  the  benefit 
of  all  mankind,  but  not  more  so  than  a  university  estab- 
lished at  Princeton  or  any  other  place.  The  Senator  from 
South  Carolina,  (Mr.  Calhoun,)  had  said  they  ought  to  read 
the  will  as  if  the  words  "  at  Washington  "  were  left  out. 
He,  Mr.  W.,  did  not  think  so ;  the}7  ought  to  read  it  just  as 
it  was  in  connection  with  the  whole,  and  give  it  its  true 
construction,  which  was  that  the  United  States  was  only 
designated  as  the  trustee,  and  the  people  of  the  city  of 
Washington  had  a  right  to  call  upon  Congress  as  the  repre- 
sentatives of  the  United  States  to  execute  the  trust. 

Mr.  DAVIS  said  this  man  Smithson,  it  was  said,  had  devised 
one  hundred  thousand  pounds  sterling  for  the  establishment 
of  a  university  in  the  city  of  Washington  to  diffuse  knowl- 
edge among  men.  It  seemed  to  be  taken  for  granted  that 
it  was  for  the  establishment  of  a  university,  although  he 
believed  the  word  university  was  not  to  be  found  in  the 
will.  He  could  not  infer  why  it  was  so  construed,  as  there 
were  other  means  of  diffusing  knowledge  among  men  be- 
sides doing  it  through  the  medium  of  universities,  and  he 
therefore  thought  the  discussion  as  to  the  particular  design 
of  the  gift  premature.  He  did  not  regard  it  as  a  gift  or 
bequest  to  the  Government.  If  he  did,  he  would  have  all 
the  feelings  evinced  by  the  Senator  from  South  Carolina, 
(Mr.  Preston.)  The  testator  had  not  specified  what  special 
purpose  it  was  to  be  applied  to,  nor  when  the  fund  was  to 
be  used,  and  Congress  might  defer  using  it  until  it  became 
large  enough  to  be  used  advantageously  to  the  purposes  of 
diffusing  knowledge  among  mankind.  If  the}7  denied  the 
right  to  establish  a  university,  they  denied  the  right  to 
establish  all  institutions  of  charity.  The  same  question 
involved  in  this,  was  also  involved  in  the  incorporation  of 
institutions  which  had  been  incorporated  by  them  in  this 
District.  The  only  question  now  under  consideration  was, 
whether  they  should  receive  this  money.  He  would  vote 
for  it,  and  if  they  could  not  devise  some  appropriate  dis- 
position of  it  after  it  was  received,  he  would  be  willing  to 
send  it  back  by  the  first  return  packet. 

Mr.  CALHOUN  asked  the  Senator  from  Massachusetts  (Mr. 
Davis)  what  construction  he  would  put  upon  the  will  if  the 
words  "  at  Washington  "  had  been  left  out  of  it. 

Mr.  DAVIS  replied,  that  he  would  put  the  same  construc- 
tion on  it  then  as  he  did  now.     His  first  inquiry  would  be 
10 


146  CONGRESSIONAL    PROCEEDINGS. 

whether  it  was  for  a  charitable  purpose ;  and  if  there  was 
no  power  to  establish  the  institution  in  any  of  the  States, 
he  would  establish  it  in  the  District  of  Columbia,  and  if  the 
power  to  establish  it  there  was  doubted,  he  would  establish 
it  in  one  of  the  Territories.  He  deemed  the  establishment 
of  institutions  for  the  diffusion  of  knowledge  a  vital  principle 
of  a  republican  government.  They  might  as  well  say  that 
delivering  lectures  in  any  of  the  sciences  was  a  national 
institution,  as  to  call  this,  one. 

Mr.  PRESTON  said,  the  declaration  of  the  Senator  from 
New  Jersey  (Mr.  Southard)  had  satisfied  him  that  this  was 
a  national  university.  There  was  no  difference  between  a 
university  in  the  District  of  Columbia  tor  the  benefit  of  all 
mankind  and  a  national  university.  That  Senator  had  not 
distinguished  between  the  power  of  erecting  buildings  and 
the  use  to  which  they  are  appropriated.  They  had  the  pow- 
er to  erect  buildings  in  loco  parentis  patriot  for  the  benefit  of 
the  District  of  Columbia;  they  might  erect  buildings  for 
the  maintenance  of  paupers  of  the  District,  but  if  the  peo- 
ple of  the  District,  in  this  case,  were  to  have  any  benefit 
peculiar  to  the  place,  it  was  in  the  erection  of  the  buildings 
alone.  He  asked  if  the  buildings  of  the  Post  Office  De- 
partment were  erected  by  Congress  as  the  parens  patriot  of 
the  District  of  Columbia?  Had  they  the  right  as  parens 
patriot  of  the  District  of  Columbia,  to  "erect  this  building  for 
the  benefit  humani  generis  of  this  District,  when  it  was  in 
fact  a*  general  charity  to  mankind,  including  the  confederacy, 
and  not  confined  to  the  District  of  Columbia?  He  was 
against  the  power,  and  would  be  against  the  policy,  if  they 
had  the  power. 

After  some  further  remarks  from  Messrs.  LEIGH  and 
PRESTON,  the  question  was  taken  on  ordering  the  bill  to  be 
engrossed  for  a  third  reading,  and  decided  in  the  affirma- 
tive— yeas  31,  nays  7,  as  follows  : 

YEAS — Messrs.  Benton,  Black,  Buchanan,  Clay,  Clayton,  Crittenden, 
Cuthbert,  Davis,  Ewing  of  Ohio,  Goldsboro,  Grundy,  Hendricks,  Hubbard, 
Kent,  King  of  Alabama,  Knight,  Leigh,  Linn,  Mangum,  Moore,  Naudain, 
Nicholas,  Porter,  Prentiss,  Rives,  Bobbins,  Southard,  Swift,  Tallmadge, 
Tomlinson,  Walker— 31. 

NAYS — Messrs.  Calhoun,  Ewing  of  Illinois,  Hill,  King  of  Georgia,  Pres- 
ton, Eobinson,  White — 7. 

SENATE,  MONDAY,  May  2,  1836. 

The  resolution  to  authorize  and  enable  the  President  to 
assert  and  prosecute  with  effect  the  claim  of  the  United 
States  to  the  legacy  bequeathed  to  them  by  James  Smithson, 


TWENTY-FOURTH    CONGRESS,  1835-37.  147 

Laving  been  reported  by  the  committee  correctly  engrossed, 
was  read  a  third  time. 

Resolved,  That  this  resolution  pass,  and  that  the  title 
thereof  be  as  aforesaid. 

Ordered,  That  the  secretary  requests  the  concurrence  of 
the  House  of  Representatives  therein. 

SENATE,  SATURDAY,  June  25,  1836. 

A  message  from  the  House  of  Representatives,  by  Mr. 
Franklin,  their  clerk: 

Mr.  President:  The  House  of  Representatives  have 
passed  the  resolution  from  the  Senate  (No.  4)  "to  authorize 
and  enable  the  President  to  assert  and  prosecute  with  effect 
the  claim  of  the  United  States  to  the  legacy  bequeathed  to 
them  by  James  Smithson,  late  of  London,  deceased,  to 
found,  at  Washington,  under  the  name  of  the  Smithsonian 
Institution,  an  establishment  for  the  increase  and  diffusion 
of  knowledge  among  men,"  with  amendments. 

The  Senate  proceeded  to  consider  the  amendments  of  the 
House  of  Representatives  to  the  resolution  (No.  4) ;  and 

Resolved,  That  they  concur  therein. 

SENATE,  TUESDAY,  June  28,  1836. 

Mr.  Niles  reported  from  the  committee  that  they  had  ex- 
amined and  found  [the  above  bill]  duly  enrolled. 

SENATE,  SATURDAY,  July  2,  1836. 

A  message  from  the  President  of  the  United  States,  by 
Mr.  Donelson,  his  secretary,  that  he  had  duly  approved  and 
signed,  the  1st  of  July,  1836,  the  above  act. 

AN  ACT  to  authorize  and  enable  the  President  to  assert  and  prosecute  with 
effect  the  claim  of  the  United  States  to  the  legacy  bequeathed  to  them  by 
James  Smithson,  late  of  London,  deceased,  to  found  at  Washington, 
under  the  name  of  the  Smithsonian  Institution,  an  establishment  for  the 
increase  and  diffusion  of  knowledge  among  men. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
-States  of  America  in  Congress  assembled,  That  the  President  of  the  United 
States  be,  and  he  is  hereby,  authorized  to  constitute  and  appoint  an  agent 
or  agents,  to  assert  and  prosecute  for  and  in  behalf  of  the  United  States, 
and  in  their  name  or  otherwise,  as  may  be  advisable,  in  the  Court  of  Chan- 
cery, or  other  proper  tribunal  of  England,  the  right  of  the  United  States 
to  the  legacy  bequeathed  to  them  by  the  last  will  and  testament  of  James 
Smithson,  late  of  London,  deceased,  for  the  purpose  of  founding  at  Wash- 
ington, under  the  name  of  the  Smithsonian  Institution,  an  establishment 
for  the  increase  and  diffusion  of  knowledge  among  men  ;  and  to  empower 
such  agent  or  agents  so  appointed  to  receive  and  grant  acquittances  for  all 
such  sum  or  sums  of  money,  or  other  funds,  as  may  or  shall  be  decreed  or 
.adjudged  to  the  United  States,  for,  or  on  account,  of  said  legacy. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  agent  or  agents  shall, 


148  CONGRESSIONAL    PROCEEDINGS. 

before  receiving  any  part  of  said  legacy,  give  a  bond  or  bonds,  in  the  penal 
sum  of  five  hundred  thousand  dollars,  to  the  Treasurer  of  the  United  States, 
and  his  successors  in  office,  with  good  and  sufficient  securities  to  the  satis- 
faction of  the  Secretary  of  the  Treasury,  for  the  faithful  performance  of 
the  duties  of  the  said  agency,  and  for  the  faithful  remittance  to  the  Treasu- 
rer of  the  United  States  of  all  and  every  sum  or  sums  of  money,  or  other 
funds,  which  he  or  they  may  receive,  for  payment  in  whole  or  in  part  of 
the  said  legacy.  And  the  Treasurer  of  the  United  States  is  hereby  author- 
ized and  required  to  keep  safely  all  sums  of  money  or  other,  funds  which 
may  be  received  by  him  in  virtue  of  the  said  bequest,  and  to  account  there- 
for separately  from  all  other  accounts  of  his  office,  and  subject  to  such 
further  disposal  thereof  as  may  be  hereafter  provided  by  Congress. 

SEC.  3.  And  be  it  further  enacted,  That  any  and  all  sums  of  money,  and 
other  funds,  which  shall  be  received  for  or  on  account  of  the  said  legacy, 
shall  be  applied  in  such  manner  as  Congress  may  hereafter  direct,  to  tin- 
purpose  of  founding  and  endowing  at  Washington,  under  the  name  of  the 
Smithsonian  Institution,  an  establishment  for  the  increase  and  diffusion  of 
knowledge  among  men  ;  to  which  application  of  the  said  moneys  and  other 
funds,  the  faith  of  the  United  States  is  hereby  pledged. 

SEC.  4.  And  be  it  further  enacted,  That,  to  the  end  that  the  claim  to  th«> 
said  bequest  may  be  prosecuted  with  effect,  and  the  necessary  expenses  in 
prosecuting  the  same  be  defrayed,  the  President  of  the  United  States  b.-, 
and  he  is  hereby,  authorized  to  apply  to  that  purpose  any  sum  not  exceed- 
ing ten  thousand  dollars,  out  of  any  moneys  in  the  Treasury  not  otherwise 
appropriated. 

Approved,  1st  of  July,  1836. 


PKOCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  December  21,  1885. 

A  message,  in  writing,  was  received  from  the  President 
of  the  United  States,  by  Mr.  Donelson,  his  private  secre- 
tary, which  was  read.  (See  ante.) 

Ordered,  That  the  said  message  be  referred  to  a  select 
committee,  and  Mr.  John  Quincy  Adams,  Mr.  Thomas,  Mr. 
Garland  of  Virginia,  Mr.  Pearce  of  Rhode  Island,  Mr. 
Speight,  Mr.  McKennan,  Mr.  Hannegan,  Mr.  Garland  of 
Louisiana,  and  Mr.  Chapin,  were  appointed  said  committee. 

HOUSE  OF  REPRESENTATIVES,  January  19,  1836. 

Mr.  JOHN  QUINCY  ADAMS,  from  the  committee  appointed 
on  the  message  of  the  President  of  the  United  States,  of 
the  17th  of  December  ultimo,  and  which  was  laid  before 
the  House  on  the  21st,  communicating  information  in  refa- 
tion  to  a  bequest  made  by  James  Smithson,  late  of  London, 
in  the  Kingdom  of  Great  Britain,  deceased,  to  the  United 
States,  for  toe  purpose  of  establishing  a  seminary  of  learn- 
ing, reported,  (by  leave,)  a  bill  {No.  181)  to  authorize  the 
President  of  the  United  States  to  assert  and  prosecute  with 
effect  the  right  of  the  United  States  to  the  bequest  of  James 


TWENTY-FOURTH    CONGRESS,  1835-37.  149 

Smithson,  late  of  London,  deceased,  to  found,  at  Washing- 
ton, under  the  name  of  the  Smithsonian  Institution,  an 
establishment  for  the  increase  and  diffusion  of  knowledge 
among  men,  accompanied  by  a  report  in  writing;  which 
bill  was  read  the  first  and  second  time,  and  committed  to 
the  Committee  of  the  Whole  House  on  the  state  of  the 
Union. 

The  following  is  the  report  : 

The  Select  Committee,  to  which  was  referred  the  message  of 
the  President  of  the  United  States,  of  the  17th  of  De- 
cember last,  with  documents  relating  to  the  bequest  of 
James  Smithson,  of  London,  to  the  United  States  of 
America,  for  the  purpose  of  founding  at  Washington,  an 
establishment  under  the  name  of  the  Smithsonian  Insti- 
tution, for  the  increase  and  diffusion  of  knowledge 
among  men,  respectfully  report: 

That,  from  the  papers  transmitted  to  Congress  with  the 
message  of  the  President,  it  appears,  that  James  Smithson, 
a  foreigner,  of  noble  family  and  of  affluent  fortune,  did,  by 
his  last  will  and  testament,  made  in  the  year  1826,  bequeath 
under  certain  contingencies,  which  have  since  been  real- 
ized, and  with  certain  exceptions,  for  which  provision  was 
made  by  the  same  will,  the  whole  of  his  property,  of  an 
amount  exceeding  four  hundred  thousand  dollars,  to  the 
United  States  of  America,  to  found  at  Washington,  under 
the  name  of  the  Smithsonian  Institution,  an  establishment 
for  the  increase  and  diffusion  of  knowledge  among  men. 

To  the  acceptance  of  this  bequest,  and  to  the  assumption 
and  fulfilment  of  the  high  and  honorable  duties  involved  in 
the  performance  of  the  trust  committed  with  it,  the  Con- 
gress of  the  United  States,  in  their  legislative  capacity, 
are  alone  competent.  Your  committee  believe,  not  only 
that  they  are  thus  competent,  but  that  it  is  enjoined  upon 
them,  by  considerations  of  the  most  imperious  and  indis- 
pensable obligation.  The  first  steps  necessary  to  be  taken 
for  carrying  into  effect  the  benevolent  intentions  of  the  tes- 
tator, must  be  to  obtain  the  possession  of  the  funds,  now 
held  by  the  Messrs.  Drummonds,  bankers  in  London,  execu- 
tors of  Mr.  Smithson's  will,  and  subject  to  the  superinten- 
dence, custody  and  adjudication  of  the  Lord  Chancellor  of 
England.  To  enable  the  President  of  the  United  States  to 
effect  this  object,  the  committee  report  herewith  a  bill. 

But  your  committee  think  they  would  imperfectly  dis- 
charge their  duty  to  this  House,  to  their  country,  to  the 
world  of  mankind,  or  to  the  donor  of  this  most  munificent 


150  CONGRESSIONAL    PROCEEDINGS. 

bequest,  were  they  to  withhold  a  few  brief  reflections,, 
which  have  occurred  to  them  in  the  consideration  of  the 
subject,  referred  to  them  by  the  House.  Reflections  arising 
from  the  condition  of  the  testator,  from  the  nature  of  the 
bequest  and  from  the  character  of  the  trustee  to  whom  this 
great  and  solemn  charge  has  been  confided. 

The  testator,  James  Smithson,  a  subject  of  Great  Britain, 
declares  himself,  in  the  caption  of  the  will,  a  descendent  in 
blood  from  the  Percys  and  the  Seymours,  two  of  the  most 
illustrious  historical  names  of  the  British  islands.  Xi-arly 
two  centuries  since,  in  1660,  the  ancestor  of  his  own  name. 
Hugh  Smithson,  immediately  after  the  restoration  of  the 
royal  family  of  the  Stuarts,  received  from  Charles  the  Sec- 
ond, as  a  reward  for  his  eminent  services  to  that  house 
during  the  civil  wars,  the  dignity  of  a  Baronet  of  Kngland, 
a  dignity  still  held  by  the  Dukes  of  Northumberland,  as 
descendcnts  from  the  same  Hugh  Smithson.  Tin-  lather  of 
the  testator,  by  his  marriage  with  the  Lady  Elizabeth  Sey- 
mour, who  was  descended  by  a  female  line  from  the  ancient 
Percys,  and  by  the  subsequent  creation  of  George  the 
Third,  in  1766,  became  the  first  Duke  of  Northumberland. 
His  son  and  successor,  the  brother  of  the  testator,  was 
known  in  the  history  of  our  revolutionary  war  by  the  name 
of  Lord  Percy;  was  present,  as  a  British  officer,  at  the  san- 
guinary opening  scene  of  our  revolutionary  war,  at  Lexing- 
ton, and  at  the  battle  of  Bunker's  hill ;  and  was  the  hearer 
to  the  British  Government  of  the  despatches  from  the 
Commander-in-chief  of  the  royal  forces,  announcing  the 
event  of  that  memorable  day;  and  the  present  Duke  oi 
Northumberland,  the  testator's  nephew,  was  the  ambassa- 
dor extraordinary  of  Great  Britain,  sent  to  assist  at  the 
coronation  of  the  late  King  of  France,  Charles  the  Tenth, 
a  few  months  only  before  the  date  of  this  bequest  from  his 
relative  to  the  United  States  of  America. 

The  suggestions  which  present  themselves  to  the  mind, 
by  the  association  of  these  historical  recollections,  with  the 
condition  of  the  testator,  derive  additional  interest  from 
the  nature  of  the  bequest;  the  devotion  of  a  large  estate  to 
an  institution  for  the  increase  and  diffusion  of 'knowledge 
among  men. 

Of  all  the  foundations  of  establishments  for  pious  or 
charitable  uses,  which  ever  signalized  the  spirit  of  the  age, 
or  the  comprehensive  beneficence  of  the  founder,  none  can 
be  named  more  deserving  of  the  approbation  of  mankind 
than  this.  Should  it  be  faithfully  carried  into  effect,  with 
an  earnestness  and  sagacity  of  application,  and  a  steady 


TWENTY-FOURTH    CONGRESS,   1835-37.  151 

perseverance  of  pursuit,  proportioned  to  the  means  furnished 
by  the  will  of  the  founder,  and  to  the  greatness  and  sim- 
plicity of  his  design  as  by  himself  declared,  "the  increase 
and  diffusion  of  knowledge  among  men,"  it  is  no  extrava- 
gance of  anticipation  to  declare,  that  his  name  will  be  here- 
after enrolled  among  the  eminent  benefactors  of  mankind. 

The  attainment  of  knowledge,  is  the  high  and  exclusive 
attribute  of  man,  among  the  numberless  myriads  of  ani- 
mated beings  inhabitants  of  the  terrestrial  globe.  On  him 
alone  is  bestowed,  by  the  bounty  of  the  Creator  of  the  uni- 
verse, the  power  and  the  capacity  of  acquiring  knowledge. 
Knowledge  is  the  attribute  of  his  nature,  which  at  once 
enables  him  to  improve  his  condition  upon  earth,  and  to 
prepare  him  for  the  enjoyment  of  a  happier  existence  here- 
after. It  is  by  this  attribute  that  man  discovers  his  own 
nature  as  the  link  between  earth  and  heaven  ;  as  the  par- 
taker of  an  immortal  spirit;  as  created  for  a  higher  and 
more  durable  end,  than  the  countless  tribes  of  beings  which 
people  the  earth,  the  ocean,  and  the  air,  alternately  instinct 
with  life,  and  melting  into  vapour,  or  mouldering  into  dust. 

To  furnish  the  means  of  acquiring  knowledge  is,  there- 
fore, the  greatest  benefit  that  can  be  conferred  upon  man- 
kind. It  prolongs  life  itself,  and  enlarges  the  sphere  of 
existence.  The  earth  was  given  to  man  for  cultivation,  to 
the  improvement  of  his  own  condition.  Whoever  increases 
his  knowledge,  multiplies  the  uses  to  wThich  he  is  enabled 
to  turn  the  gift  of  his  Creator  to  his  own  benefit,  and  par- 
takes in  some  degree  of  that  goodness  which  is  the  highest 
attribute  of  Omnipotence  itself. 

If,  then,  the  Smithsonian  Institution,  under  the  smile  of 
an  approving  Providence,  and  by  the  faithful  and  perma- 
nent application  of  the  means  furnished  by  its  founder,  to 
the  purpose  for  which  he  has  bestowed  them,  should  prove 
effective  to  their  promotion;  if  they  should  contribute  es- 
sentially to  the  increase  and  diffusion  of  knowledge  among  men, 
to  what  higher  or  nobler  object  could  this  generous  and 
splendid  donation  have  been  devoted  ? 

The  father  of  the  testator,  upon  forming  his  alliance  with 
the  heiress  of  the  family  of  the  Percys,  assumed,  by  an  act  of 
the  British  Parliament,  that  name,  and  under  it  became 
Duke  of  Northumberland.  But,  renowned  as  is  the  name 
of  Percy  in  the  historical  tin  mils  of  England,  resounding  as 
it  does  froni  the  summit  of  the  Cheviot,  hills,  to  the  ears  of 
our  children,  in  the  ballad  of  Chevy  Chase,  with  the  classi- 
cal commentary  of  Addison;  freshened  and  renovated  in 
our  memory  as  it  has  recently  been  from  the  purest  fountain 


152  CONGRESSIONAL    PROCEEDINGS. 

of  poetical  inspiration,  in  the  loftier  strain  of  Alnwick 
Castle,  tuned  by  a  bard  of  our  own  native  land;*  doubly  im- 
mortalized as  it  is  in  the  deathless  dramas  of  Shakespear ; 
•"  confident  against  the  world  in  arms,"  as  it  may  have  been 
in  ages  long  past,  and  may  still  be  in  the  virtues  of  its 
present  possessors  by  inheritance ;  let  the  trust  of  James 
Smithson  to  the  United  States  of  America,  be  faithfully  ex- 
ecuted by  their  Representatives  in  Congress  ;  let  the  result 
accomplish  his  object,  "  the  increase  and  diffusion  of  knowl- 
edge among  men,"  and  a  wreath  ot  more  unfading  verdure 
shall  entwine  itself  in  the  lapse  of  future  ages  around  the 
name  of  Smithson,  than  the  united  hands  of  tradition, 
history,  and  poetry,  have  braided  around  the  name  of  Percy, 
through  the  long  perspective  in  ages  past  of  a  thousand 
years. 

It  is  then  a  high  and  solemn  trust  which  the  testator  has 
committed  to  the  United  States  of  America,  and  its  execu- 
tion devolves  upon  their  Representatives  in  Congress,  duties 
of  no  ordinary  importance.  The  location  of  the  Institution 
at  Washington,  prescribed  by  the  testator,  gives  to  Congress 
the  free  exercise  of  all  the  powers  relating  to  this  subject 
with  which  they  are,  by  the  Constitution,  invested  as  the 
local  Legislature  for  the  District  of  Columbia.  In  advert- 
ing to  the  character  of  the  trustee  selected  by  the  testator 
for  the  fulfilment  of  his  intentions,  your  committee  deem 
it  no  indulgence  of  unreasonable  pride  to  mark  it  as  a  signal 
manifestation  of  the  moral  effect  of  our  political  institu- 
tions, upon  the  opinions,  and  upon  the  consequent  action  of 
the  wise  and  the  good  of  other  regions,  and  of  distant, 
climes ;  even  upon  that  nation  from  whom  we  generally 
boast  of  our  descent,  but  whom  from  the  period  of  our 
revolution  we  have  had  too  often  reason  to  consider  as  a 
jealous  and  envious  rival.  How  different  are  the  sensations 
which  should  swell  in  our  bosoms  with  the  acceptance  of 
this  bequest !  James  Smithson,  an  Englishman,  in  the  ex- 
ercise of  his  rights  as  a  free-born  Briton,  desirous  of  dedi- 
cating his  ample  fortune  to  the  increase  and  diffusion  of 
knowledge  among  men,  constitutes  for  his  trustees,  to  ac- 
complish that  object,  the  United  States  of  America,  and 
fixes  upon  their  seat  of  Government  as  the  spot  where  the 
Institution,  of  which  he  is  the  founder,  shall  be  located. 

The  revolution,  which  resulted  in  the  independence  of 
these  United  States,  was  commenced,  conducted,  and  con- 
summated under  a  mere  union  of  confederated  States.  Sub- 

*Fitz-Greene  Halleck. 


TWENTY-FOURTH    CONttRESS,  1835-37.  153 

.-sequently  to  that  period,  a  more  perfect  union  was  formed, 
combining  in  one  system  the  principle  of  confederate  sov- 
ereignties with  that  of  a  Government  by  popular  represen- 
tation, with  legislative,  executive,  and  judicial  powers,  all 
limited,  but  co-extensive  with  the  whole  confederation. 

Under  this  Government,  a  new  experiment  in  the  history 
•of  mankind  is  now  drawing  to  the  close  of  halt  a  century, 
during  which  the  territory  and  number  of  States  in  the 
Union  have  nearly  doubled,  while  their  population,  wealth, 
.and  power  have  been  multiplied  more  than  fourfold.  In 
the  process  of  this  experiment,  they  have  gone  through  the 
vicissitudes  of  peace  and  war,  amidst  bitter  and  ardent  party 
collisions,  and  the  unceasing  changes  of  popular  elections 
to  the  legislative  and  executive  offices,  both  of  the  general 
confederacy  and  of  the  separate  States,  without  a  single 
execution  tor  treason,  or  a  single  proscription  for  a  political 
offence.  The  whole  Government,  under  the  continual  su- 
perintendence of  the  whole  people,  has  been  holding  a 
steady  course  of  prosperity,  unexampled  in  the  cotemporary 
history  of  other  nations,  not  less  than  in  the  annals  of  ages 
past.  During  this  period,  our  country  has  been  freely 
visited  by  observers  from  other  lands,  and  often  in  no 
friendly  spirit  by  travellers  from  the  native  land  of  Mr. 
Srnithson.  Their  reports  of  the  prevailing  manners,  opin- 
ions and  social  intercourse  of  the  people  of  this  Union, 
have  exhibited  no  flattering  or  complacent  pictures.-  All 
the  infirmities  and  vices  of  our  civil  and  political  condition 
have  been  conned  and  noted,  and  displayed  with  no  forbear- 
ance of  severe  satirical  comment  to  set  them  off;  yet,  after 
all  this,  a  British  subject,  of  noble  birth  and  ample  fortune, 
desiring  to  bequeath  his  whole  estate  to  the  purpose  of  in- 
creasing and  diffusing  knowledge  throughout  the  whole 
community  of  civilized  man,  selects  for  the  depositaries  of 
his  trust,  with  confidence  unqualified  with  reserve,  the  Con- 
gress of  the  United  States  of  America. 

In  the  commission  of  every  trust,  there  is  an  implied 
tribute  of  the  soul  to  the  integrity  and  intelligence  of  the 
trustee ;  and  there  is  also  an  implied  call  for  the  faithful 
exercise  of  those  properties  to  the  fulfilment  of  the  purpose 
of  the  trust.  The  tribute  and  the  call  acquire  additional 
force  and  energy,  when  the  trust  is  committed  for  perform- 
ance after  the  decease  of  him  by  whom  it  is  granted,  when 
he  no  longer  exists  to  witness  or  to  constrain  the  effective 
fulfilment  of  his  design.  The  magnitude  of  the  trust,  and 
the  extent  of  confidence  bestowed  in  the  commits]  of  it,  do 
•but  enlarge  and  aggravate  the  pressure  of  the  obligation 


154  CONGRESSIONAL    PROCEEDINGS. 

which  it  carries  with  it.  The  weight  of  duty  imposed  is 
proportioned  to  the  honor  conferred  by  confidence  without 
reserve*  Your  committee  are  fully  persuaded,  therefore, 
that,  with  a  grateful  sense  of  the  honor  conferred  by  the 
testator,  upon  the  political  institutions  of  this  Union,  the 
Congress  of  the  United  States,  in  accepting  the  bequest, 
willlee!,  in  all  its  power  and  plenitude,  the  obligation  of 
responding  to  the  confidence  reposed  by  him,  with  all  ^the 
fidelity,  disinterestedness,  and  perseverance  of  exertion, 
which  may  carry  into  effective  execution  the  noble  purpose 
of  an  endowment  for  the  increase  and  diffusion  of  knowl- 
edge among  men. 

A  motion  was  made  by  Mr.  CHAPIN,  that  five  thousand 
additional  copies  be  printed  of  the  message  of  the  Presi- 
dent, and  the  papers  which  accompanied  the  same,  in  rela- 
tion to  the  bequest  of  James  Smithson,  together  with  the- 
report  and  bill  this  day  submitted  by  Mr.  John  Quincy 
Adams,  from  the  committee  to  which  the  same  was  referred  ; 
which  motion  was  laid  on  the  table  one  day  under  the  rule. 

HOUSE  OF  REPRESENTATIVES,  WEDNESDAY,  January  20,  1836. 

Mr.  CHAPIN  moved  to  consider  the  motion,  which  he  sub- 
mitted yesterday,  for  printing  5000  copu-s  of  the  report 
submitted  yesterday  by  Mr.  Adams  from  a  select  committee, 
together  with  the  President's  Message,  correspondence  and 
will,  relating  to  the  bequest  of  James  Smithson,  late  of 
London,  deceased. 

Objection  being  made, 

Mr.  MANN,  of  New  York,  said  the  report  was  in  reference 
to  a  subject  of  considerable  interest,  not  only  to  the  House, 
but  to  the  country  generally.  As  the  report  was  in  the 
hands  of  the  printer,  it  was  proper  that,  if  an  extra  num- 
ber of  copies  was  ordered,  it  should  be  done  at  this  time. 
He  moved  to  suspend  the  rule,  for  the  purpose  of  entertain- 
ing the  motion  to  print,  which  was  agreed  to — ayes  107, 
noes  46. 

Mr.  HOWARD  desired  to  know  from  some  member  of  the 
Committee  the  purport  of  the  report,  and  what  disposition 
was  proposed  to  be  made  of  the  bequest.  He  was  entirely 
ignorant  on  the  subject. 

Mr.  CHAPIN  of  New  York,  said  he  would,  as  a  member  of 
the  committee  to  which  the  subject  of  the  Smithsonian  be- 
quest had  been  referred,  answer  the  inquiry  of  the  honora- 
ble gentleman  from  Maryland  (Mr.  Howard.)  It  was  not 
proposed  either  by  the  report  or  bill  which  the  honorable 
chairman  of  the  select  committee  (Mr.  Adams)  had  sub- 


TWENTY-FOURTH    CONGRESS,    1835-37.  155 

mitted,  to  indicate  the  plan  or  organization  of  the  institu- 
tion to  be  founded.  At  present,  it  would  be  entirely  pre- 
mature to  do  so,  because  the  first  step  was  to  obtain  the 
funds,  leaving  the  application  of  them  to  future  legislation. 
The  bill  provides  that  the  President  of  the  United  States 
shall  appoint  an  agent  to  prosecute  the  claim  in  the  Court 
of  Chancery  in  England,  where  the  funds  are  locked  up  in 
behalf  of  the  United  States,  and  on  the  receipt  of  them,  to 
give  the  proper  discharge  or  acquittance  for  the  same. 

Sir,  the  bequest  of  James  Smithson,  amounting  to  nearly 
half  a  million  of  dollars,  is  among  the  most  liberal  benefac- 
tions upon  record.  Coming,  too,  as  it  does,  from  a  citizen 
of  Great  Britain,  who  is  not  known  to  have  visited  the 
United  States,  or  to  have  had  any  friends  residing  here,  it 
may  be  regarded  as  a  distinguished  tribute  of  respect  paid 
by  a  foreigner  and  stranger  to  the  free  institutions  of  our 
country.  It  is  due  to  the  memory  and  character  of  the 
donor,  that  suitable  publicity  should  be  given  to  this  no'ble 
and  generous  act  of  public  munificence ;  it  is  due,  also,  as 
the  acknowledgment  of  the  grateful  sense  of  Congress,  in 
behalf  of  the  people  of  the  United  States,  for  whose  benefit 
the  bequest  \vas  made  ;  and  it  is  in  an  especial  manner  neces- 
sary, in  order  to  call  the  attention  of  men  distinguished  for 
learning  and  talents  in  all  parts  of  the  Union  to  the  subject, 
for  the  purpose  of  obtaining  an  expression  of  their  views 
and  opinions  in  regard  to  the  plan  and  organization  of  the 
institution  proposed  to  be  established.  This  splendid  bene- 
faction confers  immortality  upon  the  individual  by  whom  it 
was  bestowed,  and  does  honor  to  the  age  in  which  we  live. 

Mr.  C.  concluded  by  expressing  the  hope,  that  the  motion 
to  print  would  be  adopted  by  the  House,  without  a  dissent- 
ing voice. 

Mr.  PARKER  said  the  House  had  not  entirely  got  out  of  a 
debate  which  had  arisen  upon  a  bill  which  was  intended  to 
provide  for  their  own  pay,  in  reference  to  the  alleged  exces- 
sive expenditures  of  the  contingent  fund  of  the  House,  for 
the  item  of  printing.  A  great  deal  of  complaint  was  made 
on  the  occasion  alluded  to,  because  of  the  number  of  Presi- 
dent's Messages  ordered  to  be  printed  by  the  House.  He 
was  so  case-hardened,  that  he  would  upon  a  like  occasion, 
do  the  same  thing  again.  He  was,  however,  not  prepared 
to  vote  for  the  proposition  before  the  House.  The  report 
was  doubtless  an  able  one,  but  he  could  see  no  reason  why 
five  times  the  number  which  were  necessary  for  the  infor- 
mation of  the  House  should  be  printed.  It  would  be  recol- 
lected that  a  report  had  been  made  in  the  Senate  on  this 


156  CONGRESSIONAL    PROCEEDINGS. 

subject,  which  had  been  published  in  all  the  newspapers  he 
had  seen.  They  would  not  be  called  upon  to  make  any  dis- 
position of  these  funds,  because  they  had  not  yet  received 
them ;  and  if  they  ever  did,  it  would  perhaps  be  fifteen  or 
twenty  years  first  Upon  the  whole,  he  did  not  consider  it 
at  all  important  that  an  extra  number  of  this  report  should 
be  published. 

The  motion  to  print  5,000  extra  copies  of  the  report  wus 
then  agreed  to. 

HOUSE  OF  REPRESENTATIVES,  May  4,  1836. 

A  message  from  the  Senate,  by  Mr.  Lowrie,  their  secre- 
tary, that  the  Senate  had  passed  the  following  resolution  : 

No.  4.  Resolution  to  authorize  and  to  enable  the  Presi- 
dent to  assert  and  prosecute  with  effect  the  claim  of  the 
United  States  to  the  legacy  bequeathed  to  them  by  James 
Smithson,  late  of  London,  deceased,  to  found,  at  Washing- 
ton, under  the  name  of  the  Smithsonian  Institution,  an 
establishment  for  the  increase  and  diffusion  of  knowledge 


HOUSE  OF  REPRESENTATIVES,  May  10,  1886. 

The  resolution  (No.  4)  from  the  Senate  was  read  the  first 
and  second  time,  and  committed  to  the  Committee  of  the 
Whole  House  on  the  state  of  the  Union. 

A  motion  was  made  by  Mr.  ADAMS,  that  the  rule  be  'Sus- 
pended to  enable  him  to  make  a  motion  that  said  resolution 
be  the  special  order  of  the  day  on  Tuesday,  the  17th  instant, 
from  eleven  o'clock  a.  m.  to  one  p.  m. ;  which  motion  to 
suspend  was  disagreed  to  by  the  House. 

HOUSE  OF  REPRESENTATIVES,  June  25,  1836. 

In  Committee  of  the  Whole,  Senate  resolution  No.  4  was 
considered  and  amended. 

The  amendments  made  in  Committee  of  the  Whole,  one 
of  which  amendments  changes  the  Senate  resolution  into 
the  form  of  a  bill  to  authorize  the  President  of  the  United 
States  to  assert  and  prosecute  the  right  of  the  United  States 
to  the  legacy  of  James  Smithson,  late  of  London,  were  re- 
ported to  the  House,  and  were  concurred  in. 

The  bill  was  ordered  to  be  engrossed,  and  was  then  read 
a  third  time  and  passed. 


TWENTY-FOURTH    CONGRESS,    1835-37.  157 

SEPTEMBER,  1837. 

The  sum  of  $10,000  having  proved  insufficient,  the  Sec- 
retary of  State  asks  an  additional  appropriation  by  Con- 
gress : 

John  Forsyth  to  C.  C.  Cambreleng. 

DEPARTMENT  OF  STATE, 
WASHINGTON.  September  14,  1837. 

SIR:  It  will  be  seen  by  the  annexed  statement,  that  of  the 
appropriation  made  in  the  year  1836,  to  prosecute  the  claim 
of  the  United  States  to  the  legacy  bequeathed  by  James 
Smithson,  of  London,  there  remained  unexpended,  on  the 
31st  day  of  July  last,  but  $4,000.  As  that  sum  will  not, 
probably,  be  sufficient  to  meet  the  necessary  expenditures 
until  an  appropriation  could  be  made  at  the  next  session  of 
Congress,  and  placed  in  London,  I  have  the  honor  to  sub- 
mit to  the  Committee  of  Ways  and  Means  the  necessity  of 
providing  for  them,  by  an  appropriation,  at  this  session. 
I  have  the  honor  to  be,  sir,  your  obedient  servant, 

JOHN  FORSYTE. 
Hon.  C.  C.  CAMBRELENG, 

Chairman  of  the  Committee  of  Ways  and  Means, 

House  of  Representatives. 

STATEMENT    OF    THE    SMITHSONIAN    FUND. 

Amount  of  appropriation  made  in  1836 $10,000 

Mr.  Hush's  account  for  salary  for  one  year,  to  the  31st  of 

July,  1837 — $3,000 

Mr.    Hush's   account  fyr   incidental  and   contingent  ex- 
penses for  the  same  period 2,000 

Amount  of  solicitor's  bill,  £200  4s.,  say 1,000 

6,000 

Amount  remaining  of  the  appropriation  of  1836 $4,000 

[Same  to  the  Hon.  SILAS  WRIGHT,  Chairman  of  the  Com- 
mittee on  Finance,  Senate.] 


John  Forsyth  to  C.  C.  Cambreleng. 

DEPARTMENT  OF  STATE, 
WASHINGTON,  September  19,  1837. 

SIR:  I  have  the  honor  to  enclose  a  letter  received  at  this 
Department  from  Mr.  Richard  Rush,  agent  of  the  United 
States  in  London,  for  the  prosecution  of  their  claim  to  the 
property  bequeathed  by  the  late  James  Smithson,  together 
with  the  bill  of  Messrs.  Clark,  Fynmore,  and  Fladgate, 
solicitors,  paid  by  him. 


CONGRESSIONAL    PROCEEDINGS. 

I  also  enclose  a  letter  from  Mr.  Daniel  Brent,  consul  of 
the  United  States  at  Paris,  in  relation  to  payments  made  by 
him  in  endeavoring  to  secure  property  supposed  by  him  tp 
constitute  a  part  of  that  bequeathed  by  Mr.  Smithson,  with 
a  copy  of  Mr.  Hush's  answer  to  his  application  for  reim- 
bursement. I  would  suggest  ten  thousand  dollars  as  the 
amount  necessary  to  be  appropriated  for  the  continuation 
of  the  prosecution  of  the  claim  of  the  United  States,  and 
that  it  is  of  urgent  necessity  that  it  be  made  at  this  session, 
in  order  that  funds  may  be  transmitted  to  the  bankers  of 
the  United  States  in  London,  to  meet  the  drafts  that  may 
necessarily  be  made  upon  them  for  the  expenses  to  be  in- 
curred therein. 

I  have  to  request  that  the  papers  enclosed  may  be  shown 
to  the  chairman  of  the  Committee  on  Finance  of  the  Sen- 
ate, and  that  they  may  be  returned  to  this  Department. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

JOHN  FORSYTH. 

Hon.  C.  C.  CAMBRELENG, 

Chairman  of  the  Committee  of  Ways  and  Means, 

House  of  Representatives. 


OCTOBER,   1837. 

An  additional  appropriation  of  five  thousand  dollars  was 
passed  by  Congress  to  defray  expenses,  as  follows : 

AN  ACT  making  further  appropriations  for  the  year  1837 : 

For  defraying  the  expenses  attending  the  prosecution  of  the  claim  of  the 
United  States  to  the  legacy  bequeathed  by  the  late  James  Smithson,  of 
London,  five  thousand  dollars. 

APPROVED,  October  16,  1837. 

JULY,  1838. 

The  following  section  providing  for  the  investment  of  the 
Smithsonian  fund  was  passed  : 

AN  ACT  to  provide  for  the  support  of  the  Military  Academy  of  the 
United  States  for  the  year  1838  and  for  other  purposes. 

SEC.  6.  And  be  it  further  enacted,  That  all  the  money  arising  from  the 
bequest  of  the  late  James  Smithson,  of  London,  for  the  purpose  of  found- 
ing at  Washington,  in  this  District,  an  institution  to  be  denominated  the 
Smithsonian  Institution,  which  may  be  paid  into  the  Treasury,  is  hereby 
appropriated,  and  shall  be  invested  by  the  Secretary  of  the  Treasury,  with 
the  approbation  of  the  President  of  United  States,  in  stocks  of  States,  bear- 
ing interest  at  the  rate  of  not  less  than  five  per  centum  per  annum, 
which  said  stocks  shall  be  held  by  the  said  Secretary  in  trust  for  the  uses 
specified  in  the  last  will  and  testament  of  said  Smithson,  until  provision  is 
made  by  law  for  carrying  the  purpose  of  said  bequest  into  effect ;  and  that 
the  annual  interest  accruing  on  the  stock  aforesaid,  shall  be  in  like  manner 
invested  for  the  benefit  of  said  institution. 

APPROVED,  July  7,  1838. 


TWENTY-FIFTH    CONGRESS,  1837-39.  159 

PKOCEEDINGS  IN  THE  SENATE. 

SENATE,  December  10,  1838. 

Message  from  the  President  of  the  United  States. 

WASHINGTON,  December  6,  1838. 

To  the  Senate  and  House  of  Representatives  of  the  United  States  : 

The  act  of  the  1st  July,  1836,  to  enable  the  Executive  to 
.assert  and  prosecute  with  effect  the  claim  of  the  United 
States  to  the  legacy  bequeathed  to  them  by  James  Smith- 
son,  late  of  London,  having  received  its  entire  execution, 
'and  the  amount  recovered  and  paid  into  the  Treasury  hav- 
ing, agreeably  to  an  act  of  the  last  session,  been  invested  in 
State  stocks,  I  deem  it  proper  to  invite  the  attention  of 
Congress  to  the  obligation  now  devolving  upon  the  United 
States  to  fulfill  the  object  of  the  bequest.  In  order  to 
obtain  such  information  as  might  serve  to  facilitate  its 
attainment,  the  Secretary  of  State  was  directed,  in  July 
last,  to  apply  to  persons  versed  in  science,  and  familiar  with 
the  subject  of  public  education,  for  their  views  as  to  the  mode 
of  disposing  of  the  fund  best  calculated  to  meet  the  intentions 
of  the  testator,  and  prove  most  beneficial  to  mankind. 
Copies  of  the  circular  letter  written  in  compliance  with 
these  directions,  and  of  the  answers  to  it  received  at  the 
Department  of  State,  are  herewith  communicated,  for  the 
-consideration  of  Congress.* 

M.  VAN  BUREN. 

Ordered  to  be  printed  with  the  accompanying  documents. 
SENATE,  January  10,  1839. 

Mr.  ROBBINS  offered  the  following  resolution  (S.  7)  which 
was  read : 

Resolved,  By  the  Senate,  (the  House  of  Representatives  concurring,)  that 
a  joint  committee  be  appointed,  consisting  of  seven  members  of  the  Senate, 
and  such  a  number  of  said  House  as  they  shall  appoint,  to  consider  the  ex- 
pediency of  providing  an  institution  of  learning,  to  be  established  in  the 
city  of  Washington,  for  the  application  of  the  legacy  bequeathed  by  Mr. 
James  Smithson,  of  London,  to  the  United  States  in  trust  for  that  purpose; 
also,  to  consider  the  expediency  of  a  charter  for  such  an  institution  ; 
together  with  the  powers  and  privileges,  which,  in  their  opinion,  the  said 
charter  ought  to  confer  ;  also,  to  consider  the  expediency  of  ways  and 
means  to  be  provided  by  Congress,  other  than  said  legacy,  but  in  addition 
thereto,  and  in  aid  of  said  benevolent  intention  ;  and  to  report  by  bill  or 
bills,  or  otherwise. 

Mr.  BOBBINS  made  the  following  remarks : 
The  motive  to  this  noble  legacy  was,  as  the  will  expresses 
it,  "  The   increase   and   diffusion  of  knowledge  among  men" 

*  These  communications  appear  elsewhere. 


160  CONGRESSIONAL    PROCEEDINGS. 

Noble,  indeed,  it  was  in   every  point  of  view ;    noble   as 
coming  from  a  stranger,  with  whom  this  _  country  had  no 
personal  relations ;  speaking  at  once  his  high  sense  of  our 
merit,  while  it  proclaimed  his  own;  noble  in  amount,  and 
may  be  made  effective  to  its  beneficent  purpose  ;  but,  above 
all,  noble  for  its  destination—"  the  increase  and  diffusion  of 
knowledge  among  men;"  leaving  it  to  the  wisdom  of  Con- 
gress to  devise'and  provide  the  institution  that  should  be 
most  effective  to  this  end.     It  ought  to  be  an  institution, 
whose  effects  upon  the  country  will  make  it  a  living  monu- 
ment to  the  honor  of  the  illustrious  donor  in  all  time  to 
come.     Such  an  institution,  I  conceive,  may  be  devised  ;  of 
which,  however,  at  present  there  is  no  model  either  in  this 
country  or  in  Europe;  giving  such  a  course  of  education 
and  discipline  as  would  give  to  the  faculties  of  the  human 
mind,  an  improvement  and  power  far  beyond  what  they 
obtain  by  the  ordinary  systems  of  education,  and  far  be- 
yond what  they  afterwards  attain  in  any  of  the  professional 
pursuits.     Such  an  institution,  as  to  its  principle,  suggested 
itself  to  the  sagacious  and  far-seeing  mind  of  Bacon,  as  one 
of  the  greatest  importance.      But  while  his  other  sugges- 
tions have  been  followed  out  with  such  wonderful  success 
in  extending  the  boundaries  of  physical   science,  this  has 
been   overlooked  and  neglected.     One  reason   is,  that  the 
other  suggestions  were  more  elaborately  explained  by  him; 
there,  too,  he  not  only  pointed  out  the  path,  but  he  led  the 
way  in  it  himself.     Besides,  those  other  suggestions  could 
be  carried  out  by  individual  exertion  and  enterprise,  inde- 
pendently of  the  existing  establishments  of  learning ;  or 
they  could  be  grafted  on,  and  made  a  part  of,  those  estab- 
lishments.    But  this  required  an  original  plan  of  education, 
and  a  new  foundation  for  its  execution ;  where  the  young 
mind  would  be  trained  by  a  course  of  education  and  disci- 
pline that  would  unfold  and  perfect  all  his  faculties  ;  where 
genius  would  plume  his  young  wings,  and  prepare  himself 
to  take  the  noblest  flights.     The  idea,  however,  was  not 
entirely  original  with  Bacon  ;  for  it  would  be  in  effect  but 
the  revival  of  that  system  of  education  and  discipline  which 
produced  such  wonderful  improvement  and  power  of  the 
human  mind  in  Greece  and  Rome,  and  especially  in  Greece. 
Its  effects  here,  I  am  persuaded,  would  be  many  and  glo- 
rious.    Of  these  I  shall  now  indicate  only  one ;  but  that 
one  whose  importance  all  must  admit.     In  its  progress  and 
ultimately  it  would  give  to  our  country,  I  have  no  doubt,  a 
national  literature  of  a  high  and  immortal  character.     How- 
ever mortifying  to  our  national  pride  it  is  to  say  it,  it  must 
be  confessed  that  we  have  not  a  national  literature  of  that 


TWENTY-FIFTH    CONGRESS,    1837-39.  161 

character ;  nor  is  it  possible  we  ever  should  have,  as  it 
appears  to  me,  on  our  present  systems  of  education.  Not 
that  our  literature,  such  as  it  is,  is  inferior  to  that  of  other 
nations  produced  at  the  present  day.  No ;  mediocrity  is 
the  character  of  all  literary  works  of  the  present  day,  go 
where  you  will.  It  is  so  in  England,  it  is  so  in  France,  the 
two  most  literary  nations  of  Europe.  It  is  true,  learned 
men  and  great  scholars  are  every  where  to  be  found,  indeed, 
they  may  be  said  to  abound  more  than  ever ;  the  whole 
world,  too,  has  become  a  reading  world  ;  the  growth  of  the 
press  is  prodigious  ;  but  it  is  all  ephemeral  and  evanescent — 
all  destined  to  the  grave  of  oblivion.  Nor  is  it  that  our 
countrymen  have  not  the  gift  of  genius  for  literary  works 
of  that  high  and  immortal  character.  Probably  no  people 
were  ever  blessed  with  it  in  a  greater  degree — of  which 
every  where  we  see  the  indications  and  the  evidence ;  but 
what  signifies  genius  for  an  art  without  discipline,  without 
knowledge  of  its  principles,  and  skill  in  that  art  ? 

"  Vis  consili  expers,  mole  ruit  sua ; 
Vim  temperatam,  Dii  quoque  provebunt, 
In  majus." 

Literature  is  now  everywhere  mediocre — because  the  arts 
of  literature  are  nowhere  cultivated,  but  everywhere  neglect- 
ed— and  apparently  despised.  I  recollect  to  have  seen  in  a 
late  and  leading  periodical  of  Great  Britain,  an  article  in 
which  the  writer  congratulates  the  age  upon  having  thrown 
off  the  shackles  of  composition  ;  and  says  (in  a  tone  of  tri- 
umph) that  no  one  now  thinks  of  writing  like  Junius,  (as  if 
it  was  an  easy  matter,  but  beneath  him,  to  write  like  Juni- 
us,) except,  he  adds,  some  junior  sophister  in  the  country, 
corresponding  with  the  editor  of  some  village  newspaper. 
The  whole  tribe  of  present  writers  seem,  by  their  silence, 
to  receive  this  description  as  eulogy — as  a  tribute  of  praise 
properly  paid  to  their  merit ;  while  in  truth  it  is  the  charac- 
teristic of  a  barbarous  age,  or  of  one  declining  to  barba- 
rism ;  it  is  the  very  description  applied  to  mark  the  decline 
and  last  glimmering  of  letters  in  Greece  and  Rome. 

The  object  of  education  is  two-fold  —  knowledge  and 
ability ;  both  are  important,  but  ability  by  far  the  most 
so.  Knowledge  is  so  far  important  as  it  is  subsidiary 
to  the  acquiring  of  ability ;  and  no  further ;  except  as  a 
source  of  mental  pleasure  to  the  individual.  It  is  ability 
that  makes  itself  to  be  felt  by  society ;  it  is  ability  that 
wields  the  sceptre  over  the  human  heart  and  the  human  in- 
tellect. Now  it  is  a  great  mistake  to  suppose  that  knowl- 
edge imparts  ability  of  course.  It  does,  indeed,  impart 
ability  of  a  certain  kind ;  for  by  exercising  the  attention 


162  CONGRESSIONAL    PROCEEDINGS. 

and  the  memory,  it  improves  the  capacity  for  acquiring ; 
but  the  capacity  to  acquire  is  not  ability  to  originate  and 
produce.  No  ;"  ability  can  only  be  given  by  the  appropriate 
studies,  accompanied  with  the  appropriate  exercises— di- 
rected by  a  certain  rule,  and  conducted  infallibly  to  a  cer- 
tain result. 

In  all  the  celebrated  schools  of  Athens,  this  was  the  plan 
of  education ;  and  there  the  ingenious  youth,  blessed  with 
faculties  of  promise,  never  failed  to  attain  the  eminence 
aspired  to,  unless  his  perseverance  failed.  Hence  the 
mighty  effects  of  those  schools ;  hence  that  immense  tide 
of  great  men  which  they  poured  forth  in  all  the  depart- 
ments of  science  and  letters  ;  and  especially  of  letters  ;  and 
hence,  too,  the  astonishing  perfection  of  their  works.  A 
celebrated  writer,  filled  with  astonishment  at  the  splendor 
as  well  as  the  number  of  the  works  produced  by  the  schol- 
ars of  these  schools,  ascribes  the  event  to  the  hand  of  a 
wonder-working  Providence,  interposed  in  honor  of  human 
nature,  to  show  to  what  perfection  the  species  might  ascend. 
But  there  was  nothing  of  miracle  in  it;  the  means  wnv 
adequate  to  the  end.  It  is  no  wonder  at  all  that  such 
schools  gave  to  Athens  her  Thucydides  in  history,  her  Plato 
in  ethics;  her  Sophocles  to  her  drama,  and  her  Demostho 
nes  to  her  forum  and  her  popular  assemblies  ;  and  gave  to 
her  besides  that  host  of  rivals  to  these  and  almost  their 
equals.  It  was  the  natural  and  necessary  effect  of  such  a 
system  of  education  ;  and  especially  with  a  people  who  held, 
as  the  Athenians  did,  all  other  human  considerations  as 
cheap  in  comparison  with  the  glory  of  letters  and  the  arts. 

It  is  true,  this  their  high  and  brilliant  career  of  literary 
glory  was  but  of  short  duration  ;  for  soon  as  it  had  attained 
its  meridian  blaze  it  was  suddenly  arrested ;  for  the  tyrant 
came  and  laid  the  proud  freedom  of  Athens  in  the  dust, 
and  the  Athenians  were  a  people  with  whom  the  love  of 
glory  could  not  survive  the  loss  of  freedom.  For  freedom 
was  the  breast  at  which  that  love  was  fed ;  freedom  was  the 
element  in  which  it  lived  and  had  its  being ;  freedom  gave 
to  it  the  fields  where  its  most  splendid  triumphs  were 
achieved.  The  genius  of  Athens  now  drooped ;  fell  from 
its  lofty  flights  down  to  tame  mediocrity — to  ephemeral 
works  born  but  to  languish  and  to  die ;  and  so  remained 
during  the  long  rule  of  that  ruthless  despotism — the  Mace- 
donian ;  and  until  the  Roman  came  to  put  it  down,  and  to 
merge  Greece  in  the  Roman  empire.  Athens  now  was 
partially  restored  again  to  freedom.  Her  schools  which 
had  been  closed,  or  which  had  existed  only  in  form,  revived 
with  something  of  their  former  effect.  'They  again  gave 


TWENTY-FIFTH    CONGRESS,    1837-39.  163 

forth  some  works  worthy  of  their  former  fame,  though  of 
less  transcendant  merit ;  and  they  now  gave  to  Rome  the 
Roman  eloquence  and  literature. 

Groecia  capta  serum  Victorem  cepit  et  artes 
Intulit  agresti  satio : 

and,  if  we  are  wise  to  profit  by  their  example,  may  yet  give 
to  us  an  equal  eloquence  and  literature. 

I  mention  these  things  to  show  what  encouragement 
we  have  to  this  enterprise- — what  well  grounded  hope 
of  success.  We  have  only  to  tread  the  path  that  led 
the -Athenian  to  his  glory,  and  to  open  that  path  to  the 
youth  of  our  country.  All  the  animating  influences  of 
freedom  exist  here  in  still  greater  force  than  they  existed 
there ;  for  while  it  is  not  less  absolute  here,  it  is  better 
regulated  —  better  combined  with  order  and  security. 
Neither  is  the  gift  of  genius  wanting  here ;  the  gleams  of 
this  precious  ore  are  seen  to  break  out  here  and  there  all 
over  the  surface  of  our  society ;  the  animus  acer  et  sublimis  is 
daily  displayed  by  our  countrymen  in  all  the  forms  of  dar- 
ing and  enterprise ;  the  eagle,  their  emblem,  is  not  more 
daring  in  his  flights.  And  if  the  love  of  fame,  which  was 
the  ruling  passion  of  the  Greek,  is  not  now  so  strong  with 
us,  it  is  because  the  want  of  the  means,  the  want  of  plain 
and  sure  directions  for  its  pursuits,  begets  a  despair  of  its 
attainment.  The  Greek  had  these  means,  had  these  plain 
and  sure  directions ;  and  it  was  the  certainty  of  success  by 
perseverance  and  by  their  guide  that  kindled  and  sustained 
his  passion,  and  made  it  his  ruling  passion.  This  passion 
is  now  burning  in  the  young  bosoms  of  thousands  of  our 
youth  ;  but  it  "is,  as  I  have  said,  vis  consili  expers,  and  strug- 
gles in  vain  because  it  struggles  blindly  for  the  fame  it 
pants  after.  Let  this  Athenian  mode  of  education  be 
adopted  in  this  instance — let  it  produce  but  a  few  examples 
of  eminent  success,  (as  I  have  no  doubt  it  speedily  would,) 
and  thousands  would  rush  to  the  path  that  had  led  to  that 
success ;  and  members  now  of  this  body  are  yet  young 
enough  to  live  to  see  a  new  era  arising  in  our  land — another 
golden  age  of  literature,  no  less  splendid  than  any  that  had 
gone  before  it — not  excepting  even  the  Athenian. 

I  know  it  has  been  supposed  that  the  Athenians  had 
something  peculiar  in  their  genius,  which  gave  to  them 
their  unparalleled  success.  But  we  have  seen  that  when, 
with  the  loss  of  freedom,  they  lost  their  love  of  literary 
glory,  they  fell  back  to  the  ordinary  level  of  mankind ;  and 
were  not  at  all  distinguished  for  literary  merit  from  the 
mass  of  nations.  So  it  was  not  nature,  but  the  means 
adopted  to  assist  and  improve  nature,  that  gave  to  them 


164  CONGRESSIONAL    PROCEEDINGS. 

their  pre-eminence  ;  and  their  success  was  but  in  exact  pro- 
portion to  the  perfection  and  use  of  those  means. 

I  could  wish,  if  all  were  agreed  in  it,  that  this  institution 
should  make   one  of  a  number  of  colleges  to  constitute  a 
university  to  be  established  here,  and  to  be  endowed  in  a 
manner  worthy  of  this   great   nation  and  their  immense 
resources.     This  object,  recommended  by  Washington   in 
one  of  his  early  communications  to  Congress,  has  not,  as  it 
appears  to  me,  received  the  attention  it  merits.     For  such 
an  establishment,  formed  and  conducted  as  it  might  bo, 
would  be  attended  with  great  and  glorious  results  to  this 
country — not  only  by  its  direct  operation  in  elevating  the 
standard  of  education,  but  by  forming  a  central  point,  ji 
local  head  to  all  the  learning  of  the  country — such  as  the 
most  learned  nations  of  Europe  have,  and  from  which  they 
derive  the  greatest  advantages.     But  as  opinions  are  divided 
upon  this  subject— not,  I  should  hope,  as  to  the  great  de- 
sirableness of  such  an  establishment — but  as  to  the  consti- 
tutional competency  of  Congress  to  undertake  it,  I  will  not 
embarrass  my  present  object  by  involving  it  with  that  sub- 
ject.    This,  as  an  independent  institution,  may  hereafter  be 
made  a  part  of  such  a  university,  should  one  be  established  ; 
but  it  is  now  to  be  looked  at  only  as  an  independent  institu- 
tion.    Still  I  should  hope  that  the  liberality  of  Congress 
would  so  far  concur  with  the  generosity  of  this  foreign  ben- 
efactor as  to  give  full  effect  to  his  beneficent  purpose  ;  and 
would  not  only  give  the  grounds  convenient  for  the  accom- 
modation and  location  of  the  buildings,  but  would  also 
make  an  appropriation  of  money  therefor  sufficient  to  cover 
the  cost  of  their  erection;  leaving  the  whole  amount  of  the 
legacy  as  a  fund,  the  proceeds  of  which  to  be  applied  to 
the  accumulation  of  books  and  apparatus — and  to  the  sup- 
port of  the  instruction  and  government  of  the  institution  ; 
otherwise  the  whole  thing,  I  fear,  will  prove  a  failure  by 
the  expense  of  the  outfits ;  at  least  when  compared  to  the 
results  which  it  might  be  made  to  produce.     For  though 
the  salaries  of  instruction  should  not  be  over  large,  yet  they 
should  be  so  liberal  as  to  command  the  services  of  the  ablest 
instructors  in  every  department  embraced  by  the  plan  of 
education.     This  is  not  the  occasion  for  a  detail  in  full  of 
the  plan  of  education  which  I  should  wish  to  see  adopted  ; 
I  will,  however,  beg  leave  to  give  its  outline;  premising 
that  my  object  would  be  to  give  both  learning  and  ability, 
but  ability  as  the  primary  object.     Ability,  as  I  have  stated, 
can  only  be  given,  as  I  am  fully  persuaded,  by  appropriate 
exercises  directed  by  a  certain  rule ;  that  is,  by  the  princi- 
ples of  the  art,  whatever  that  art  may  be.     So  that  exercises, 


TWENTY-FIFTH    CONGRESS,    1837-39.  165 

exercises,  would  be  the  Alpha  and  Omega  of  my  system. 
The  studies  should  be  combined  of  science  and  literature 
with  its  appropriate  arts.  As  to  science,  they  should  be 
restricted  to  science  properly  so  called — to  pure  original 
science — with  some  of  the  practical  branches  thereof  not 
necessary  now  to  be  indicated ;  excluding  professory  learn- 
ing altogether.  As  to  literature,  the  studies  should  be 
given  to  select  models  of  a  perfect  literature,  and  to  all 
those  arts  by  which  that  perfect  literature  has  been  pro- 
duced and  may  be  reproduced,  accompanied  by  all  those 
exercises  regularly  and  ardently  pursued,  by  which  power 
and  skill  is  given  in  those  arts.  The  preliminary  studies  to 
qualify  for  admission  should  also  be  prescribed.  I  would 
have  a  model  school  for  this  preparation  annexed  to  this 
institution  and  made  a  part  of  the  establishment. 

Such  an  institution,  conducted  by  great  masters,  as  I 
should  hope  the  instructors  to  be,  and  without  such  indeed 
nothing  great  in  education  can  be  accomplished  whatever 
the  system  may  be  ;  but,  conducted  by  great  masters,  would 
make  the  illustrious  stranger,  the  founder  of  the  institution, 
as  I  think,  one  of  the  greatest  of  benefactors  to  our  country 
and  to  mankind,  and  to  be  worshipped  almost,  here  at  least, 
as  the  patron  saint  of  education. 

Mr.  PRESTON  rose  and  said  :  Unquestionably  the  subject 
to  which  my  venerable  friend,  the  honorable  Senator  from 
Rhode  Island,  has  called  the  attention  of  the  Senate,  is  one 
of  great  importance,  demanding  the  grave  consideration  of 
Congress.  As  it  is  in  the  order  of  Providence  that,  as  the 
mind  is  enlarged,  our  moral  nature  is  also  exalted,  there 
can  be  no  object  more  beneficent  or  dignified  than  that 
which  the  acceptance  of  this  legacy  presents  to  us.  And 
-surely,  Mr.  President,  the  establishment  of  the  Smithso- 
nian Institute  could  not  commence  under  more  favorable 
auspices  than  to  have  attracted  the  care  of  the  honorable 
Senator,  who  in  every  way  is  so  eminent^  qualified  to  take 
charge  of  whatever  concerns  the  interest  of  learning  or  of 
charity.  No  one  has  more  experience  in  his  own  heart,  or 
more  exemplified  in  his  own  character,  the  benign  influ- 
ences of  education,  than  the  honorable  gentleman  ;  and  no 
one,  therefore,  in  this  bod}',  was  so  fit  to  have  submitted 
the  resolution  before  you,  or  to  cast  the  foundations  of  an 
institution,  whose  duration,  we  may  hope,  will  bear  a  pro- 
portion to  its  enlarged  objects.  I  am  sure  I  but  speak  the 
sentiments  of  all  the  Senators,  when  I  offer  him  my  earnest 
thanks  for  the  lead  he  takes  in  this  matter.  Nor  can  I  for- 
bear also,  to  thank  him  for  introducing  those  elegant  and 
-elevated  topics  which  carry  us  for  a  moment  into  regions  of 


1(36  CONGRESSIONAL  PROCEEDINGS. 

calm  and  serene  air,  above  the  smoke  and  din  of  pur  accus- 
tomed and  more  strenuous  efforts  on  this  floor.  It  is  pleasant 
to  repose  upon  the  green  spot  he  has  presented  to  us. 

I  rejoice  that  this  subject  demands  our  attention  at  this 
session.  After  a  long  term  of  useful  and  honorable  public 
service,  my  honorable  friend  is  now  about  to  terminate  his 
co-operation  with  us  on  this  floor.  It  is  his  last  session.  It 
is  a  fortunate,  as  it  is  a  most  just  and  fit  termination  of  his 
official  productions,  that  he  at  once  finishes  and  perfects 
them  by  inscribing  his  name  where  it  will  be  most  appro- 
priately placed — upon  an  institution  for  the  promotion  of 
knowledge. 

SENATE,  January  11,  IS",!*. 

Mr.  Bobbins'  resolution  was  adopted,  and  it  was  ordered 
that  Messrs.  Robbins,  Preston,  Rives,  Buchanan,  l>cntonr 
Southard  and  Bayard  be  the  committee. 

SENATE,  January  14,  1839. 

Message  from  the  House  that  Senate  resolution  (No.  7) 
had  been  concurred  in. 

SENATE,  January  15,  1839. 

Message  from  the  House  that  a  resolution  had  bron  passed 
concerning  the  Smithsonian  bequest. 

SENATE,  January  16,  1839. 

The  resolution  of  the  House  was  laid  on  the  table. 
SENATE,  January  28,  1839. 

The  Seriate  concurred  in  the  resolution  from  the  House 
to  authorize  the  joint  committee  on  the  bequest  of  James 
Smithson  to  employ  a  clerk,  and  to  cause  such  papers  as 
they  may  deem  necessary  to  be  printed. 

SENATE,  February  18,  1839. 

Mr.  Robbins,  from  the  committee  on  the  Smithsonian  be- 
quest, submitted  the  following  resolutions  ;  which  were  read, 
and  ordered  to  be  printed  : 

1.  Resolved,  That  it  is  the  duty  of  the  United  States,  they  having  accep- 
ted the. trust  under  the  will  of  Mr.  Smithson,  of  London,  to  execute  that 
trust  bona fide,  according  to  the  true  intent  and  meaning  of  the  testator. 

2.  Resolved,  That  the  trust  being  to  found  an  institution   in  the  city  of 
Washington,  for  the  increase  and  diffusion  of  knowledge  among  men,  the 
kind  of  institution  which  will  have  the  effect  intended  and  described,  in  the 
most  eminent  degree,  will  be  the   kind  of  institution  which  ought,  in  good 
faith  to  be  adopted,  as  being  most  in  accordance  with   the  true  intent  and 
meaning  of  the  testator. 

3.  Resolved,  That  all  experience  having  shown  scientific  and  literary  in- 
stitutions to  be  by  far,  the  most  effectual   means  to  tho  end  of  increasing 
and  diffusing  knowledge  among  men,  the  Smithsonian  Institution  should  be 
a  scientific  and  literary  institution,  formed  upon  a  model  the  best  calculated 
to  make  those  means  the  most  effectual  to  that  end. 


TWENTY-FIFTH    CONGRESS,  1837-39.  1G7 

4.  Resolved,  That  to  apply  said  trust  fund  to  the  erection  and  support  of 
an  observatory,  would  not  he  to  fulfil  bona  fide  the  intention  of  the  testa- 
tor, nor  would  it  comport  with  the  dignity  of  the  United  States  to  owe 
such  an  establishment  to  foreign  eleemosynary  means. 

Mr.  ROBBINS,  from  the  committee  appointed  on  the  part 
of  the  Senate,  on  the  Smithsonian  bequest,  reported  the 
following  bills ;  which  were  severally  read,  and  passed  to 
the  second  reading : 

[S.  No.  292.] 

A  BILL  providing  for  the  disposition  and  management  of  the  fund  be- 
queathed to  the  United  States,  in  trust,  by  James  Smithson,  of  London, 
deceased,  for  the  establishment  of  an  institution  for  the  increase  and  dif- 
fusion of  knowledge  among  men. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  all  sum  or  sums  of  money 
heretofore  received,  or  which  shall  hereafter  be  received,  under  and  in  pur- 
suance of  the  last  will  and  testament  of  the  late  James  Smithson,  deceased, 
of  London,  and  all  fund  or  funds,  stock  or  stocks,  or  evidence  or  evidences 
of  public  debt  whatsoever,  in  which  said  sum  or  sums  of  money  have  been, 
or  shall  hereafter  be,  invested,  shall  be,  and  are  hereby,  constituted  and 
declared  to  be  a  fund  to  be  named  or  styled  "  the  Smithsonian  fund,"  and 
shall  be  under  the  management  and  control  of  nine  trustees,  to  be  styled 
"  the  board  of  trustees  of  the  Smithsonian  fund,"  subject,  however,  to  such 
rules,  regulations,  and  restrictions  as  the  Congress  of  the  United  States 
may  or  shall,  from  time  to  time,  make,  ordain,  or  establish  ;  and  said 
trustees  shall  constitute  a  portion  of  such  corporation  as  shall  hereafter  be 
created  by  Congress  for  the  government  of  an  institution  for  the  increase 
and  diffusion  of  knowledge  among  men. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  trustees  shall  hold  their 
offices  for  the  term  of  one  year,  and  until  their  successors  be  appointed, 
and  shall  be  appointed  annually  on  or  before  the  day  of  , 

in  the  following  manner,  that  is  to  say  :  three  of  the  said  trustees  shall  be 
appointed  by  the  Senate  and  three  by  the  House  of  Representatives,  in  such 
manner  as  the  said  Houses  shall  respectively  determine,  and  the  remaining 
three  shall  be  appointed  by  the  President  of  the  United  States  ;  and  the 
trustees  so  appointed,  or  a  majority  of  them,  shall  meet  together,  in  the 
city  of  Washington,  on  the  day  of  next  succeeding 

their  appointment,  and  shall  elect  one  of  their  own  body  as  President  of 
said  board  ;  they  shall  have  authority  to  appoint  a  clerk  and  printer,  and 
fix  their  respective  compensations  ;  and  make  and  establish  such  rules  and 
regulations  for  their  own  government  as  they  may  deem  necessary  or  proper  ; 
hold  one  or  more  sessions  for  the  transaction  of  business  during  the  recess 
of  Congress  ;  and  adjourn  from  day  to  day,  as  they  may  deem  proper  ; 
they  shall  keep  a  journal  of  their  proceedings,  and  report  the  same,  or  an 
attested  copy  thereof,  to  both  Houses  of  Congress  on  or  before  the 
day  of  ,  in  each  and  every  year. 

SEC.  3.  And  be  it  further  enacted,  That  all  expenditures  made  by  the 
said  board  shall  be  subject  to  the  approval  of  the  President  of  the  United 
States  ;  and  all  the  accounts  thereof  shall  be  reported  to  the  Secretary  of 
the  Treasury,  and  audited,  under  his  direction,  by  the  proper  officers  of  the 
Treasury  Department ;  and  the  said  board  shall  report  to  Congress,  at  every 
session  thereof,  the  state  of  the  Smithsonian  fund,  and  a  full  statement  of 
their  receipts  and  expenditures  during  the  preceding  year. 

SEC.  4.  And  be  it  further  enacted,  That  the  said  trustees  be,  and  they  are 
hereby,  specially  authorized  and  directed  to  prepare  such  a  charter  of 
incorporation,  and  such  a  plan  of  an  institution  for  the  increase  and  diffu- 
sion of  knowledge  among  men,  as  to  them  may  appear  best  adapted  to 


168  CONGRESSIONAL    PROCEEDINGS. 

carry  into  effect  the  bona  fide  intention  of  the  testator,  the  said  James 
Smithson,  and  to  report  the  same  for  the  consideration  and  action  of  Con- 
gress at  the  next  session  thereof. 

[S.  No.  293.] 

A  BILL  to  provide  for  the  disposal  and  management  of  the  fund  be- 
queathed by  James  Smithson  to  the  United  States,  for  the  establishment 
of  an  institution  for  the  increase  and  diffusion  of  knowledge  among  men. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Vice-President  of  the 
United  States,  the  Chief  Justice  of  the  United  States,  the  Secretaries  of 
State  and  of  the  Treasury,  the  Attorney  General  of  the  United  States,  and 
the  Mayor  of  the  city  of  Washington,  all  during  the  time  when  they  shall 
hold  their  respective  offices,  together  with  three  members  of  the  Senate  and 
four  members  of  the  House  of  Representatives,  to  be  annually  elected  by 
their  respective  Houses,  on  the  fourth  Wednesday  of  December,  shall  be, 
and  hereby  are,  constituted  a  body  politic  and  corporate,  by  the  style  and 
title  of  the  trustees  of  the  Smithsonian  Institution  for  the  increase  and  dif- 
fusion of  knowledge  among  men,  with  perpetual  succession,  and  the  usual 
powers,  duties,  and  liabilities  incident  to  corporations; 

SEC.  2.  And  be  it  further  enacted,  That  the  corporation  so  constituted 
shall  have  power  to  appoint  from  citizens  of  the  United  States,  other  than 
members  of  the  board,  a  secretary  and  a  treasurer,  to  hold  their  offices  dur- 
ing the  pleasure  of  the  board,  and  removable  at  their  pleasure,  and  others 
to  he  appointed  in  their  places,,  and  to  fix  their  compensations.  And  the 
secretary  and  the  treasurer  only  shall  receive  pecuniary  compensation  for 
their  services,  and  those  of  the  members  of  the  board  of  trustees  shall  be  gra- 
tuitous. And  the  offices  of  secretary  and  treasurer  may,  at  the  discretion  of 
the  board  of  trustees,  be  held  by  the  same  person.  The  secretary  and 
treasurer  shall  be  sworn  to  the  'faithful  discharge  of  the  dutie.s  of  their 
respective  offices,  and  the  treasurer  shall  give  bond,  with  the  penalty  of 
fifty  thousand  dollars,  with  sureties,  to  the  satisfaction  of  the  Secretary  of 
the  Treasury,  for  the  safe  custody  and  faithful  application  of  all  the  funds 
of  the  Institution  which  may  come  to  his  hands  or  be  at  his  disposal. 

SEC.  3.  And  be  it  further  enacted,  That  the  sum  of  placed  in  the 

Treasury  of  the  United  States  on  the  day  of  a>  tin- 

proceeds  in  part  of  the  bequest  of  James  Smithson  to  the  United  States, 
together  with  all  sums  which  may  hereafter  be  realized,  shall  be  passed 
hereafter  to  the  credit  of  a  fund  to  be  denominated  the  Smithsonian  fund, 
in  the  Treasury  of  the  United  States.  And  the  faith  of  the  United  States 
is  hereby  pledged  for  the  preservation  of  the  said  fund  undiminished  and 
unimpaired,  to  bear  interest  at  the  rate  of  six  per  centum  a  year,  payable 
on  the  first  days  of  January  and  July  to  the  treasurer  of  the  board  of 
trustees  of  the  Smithsonian  fund,  to  be  applied  to  the  purposes  of  the  fund, 
conformably  to  the  laws,  and  subject  to  the  revision  and  regulation  of  the 
board  of  trustees. 

SEC.  4.  And  be  it  further  enacted,  That  no  part  of  the  said  Smithsonian 
fund,  principal  or  interest,  shall  be  applied  to  any  school,  college,  univer- 
sity, institute  of  education,  or  ecclesiastical  establishment. 

SEC.  5.  And  be  it  further  enacted,  That  the  appropriations  to  be  made, 
from  time  to  time,  by  Congress,  to  the  purposes  of  the  Smithsonian  Insti- 
tution, as  declared  by  the  testator,  shall  be  exclusively  from  the  accruing 
interest,  and  not  from  the  principal  of  the  said  fund  :  Provided,  That  Con- 
gress shall  retain  the  power  of  investing,  at  their  discretion,  the  principal 
of  said  lund  in  any  other  manner  so  as  to  secure  not  less  than  a  yearly  In- 
terest of  six  per  centum. 

SEC.  6.  And  be  it  further  enacted,  That  the  sum  of  thirty  thousand  dol- 
lars, part  of  the  first  year's  interest  accruing  on  the  said  Smithsonian  fund, 
be,  and  the  same  is  hereby,  appropriated  towards  the  erection  and  estab- 
lishment, at  the  city  of  Washington,  of  an  astronomical  observatory, 


TWENTY-FIFTH    CONGRESS,  1837-39.  169 

adapted  to  the  most  effective  and  continual  observation  of  the  phenomena 
of  the  Heavens  ;  to  be  provided  with  the  necessary,  best,  and  most  perfect 
instruments  and  books,  for  the  periodical  publication  of  the  said  observa- 
tions, and  for  the  annual  composition  and  publication  of  a  nautical  almanac. 

SEC.  7.  And  be  it  further  enacted,  That  the  said  observatory  shall  be 
erected  under  the  direction  of  the  Secretary  of  the  Treasury,  subject  to  the 
approbation  of  the  President  of  the  United  States  ;  and  the  site  of  the 
same  shall  be  selected  upon  land,  in  the  city  of  Washington,  belonging  to 
the  United  States  ;  and  the  land  necessary  for  the  same,  and  for  any 
other  buildings  proper  to  be  connected  with  the  said  observatory  and  the 
appurtenances  thereof,  is  hereby  granted,  and  shall  be  duly  conveyed,  as  a 
deed  of  gift,  to  the  trustees  of  the  Smithsonian  fund,  and  to  their  succes- 
sors forever,  in  aid  of  the  purposes  of  the  said  Institution. 

SEC.  8.  And  be  it  further  enacted,  That  all  expenditures  made  by  the 
said  board  shall  be  subject  to  the  approval  of  the  President  of  the  United 
States,  and  all  the  accounts  thereof  shall  be  reported  to  the  Secretary  of 
the  Treasury,  and  audited,  under  his  direction,  by  the  proper  officers  of  the 
Treasury  Department ;  and  the  said  board  shall  report  to  Congress,  at  every 
session  thereof,  the  state  of  the  Smithsonian  fund,  and  a  full  statement  of 
their  receipts  and  expenditures  during  the  preceding  year. 

SEC.  9.  And  be  it  further  enacted,  That  the  first  meeting  of  the  trustees 
of  the  Smithsonian  fund  shall  be  held  at  the  city  of  Washington  on  the 
third  Monday  of  January  next,  and  that,  in  the  mean  time,  the  custody  of 
the  said  fund,  and  the  expenditures  under  the  appropriation  herein  made, 
shall  be  held  and  authorized  by  the  Secretary  of  the  Treasury,  subject  to 
the  approbation  of  the  President  of  the  United  States. 

SENATE,  February  25,  1839. 

The  bill  (S.  292)  providing  for  the  disposition  and  man- 
agement of  the  fund  bequeathed  to  the  United  States  in 
trust,  by  James  Smithson,  of  London,  deceased,  for  the 
establishment  of  an  institution  for  the  increase  and  diffusion 
of  knowledge  among  men,  was  read  the  second  time,  and 
considered,  as  in  Committee  of  the  Whole. 

On  motion  by  Mr.  HUBBARD,  that  the  bill  lie  on  the  table, 
it  was  determined  in  the  affirmative — yeas,  20 ;  nays,  15. 

On  motion  by  Mr.  HUBBARD,  the  yeas  and  nays  being 
desired  by  one-fifth  of  the  Senators  present;  those  who 
voted  in  the  affirmative  are — 

Messrs.  Allen,  Bayard,  Benton,  Brown,  Calhoun,  Clay  of  Alabama, 
Hubbard,  King,  Lyon,  Morris,  Mouton,  Niles,  Norvell,  Roane,  Robinson, 
-Smith  of  Connecticut,  Strange,  Williams  of  Maine,  Williams  of  Missis- 
sippi, Wright. 

Those  who  voted  in  the  negative  are — 

Messrs.  Clay  of  Kentucky,  Davis,  Fulton,  Knight,  Linn,  Merrick, 
Prentiss,  Preston,  Rives,  Robbins,  Ruggles,  Sevier,  Smith  of  Indiana, 
"Walker,  Young. 

So  it  was  ordered  that  this  bill  lie  on  the  table. 
SENATE,  February  28,  1839. 

Mr.  BOBBINS  submitted  the  following  motion  for  consid- 
eration : 

Resolved  by  the  Senate,  That  the  mayor  and  city  council  of  the  city  of 


170  CONGRESSIONAL    PROCEEDINGS. 

Washington  be,  and  hereby  are,  authorized  to  prepare  and  report  a  plan  o 
an  institution,  to  be  called  the  Smithsonian  Institution,  to  be  founded  01 
the  bequest  of  Mr.  James  Smithson,  of  London,  and  to  report  the  same  t 
the  Senate  at  the  next  session  of  Congress. 

SENATE,  March  1,  1839. 

The  Senate  proceeded  to  consider  the  motion  submittec 
yesterday  by  Mr.  Bobbins  respecting  a  Smithsonian  Institu 
tion;  and,  on  motion  by  Mr.  CLAY,  of  Alabama,  ordere( 
that  it  lie  on  the  table. 


PKOCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  March  5,  1838. 
On  motion  of  Mr.  CHILDS, 

Resolved,  That  the  President  be  requested  to  communicate  to  this  Hous 
(if  the  same  can  be  done  without  prejudice  to  the  public  service)  all  th 
documents  and  information  in  his  possession  relative  to  the  prosecution  o 
the  claim  to  the  Smithsonian  bequest ;  also,  what  duty  has  been  performed 
and  remains  to  be  performed,  by  the  agent  employed  at  London,  in  refer 
ence  to  said  claim,  and  how  the  money  heretofore  appropriated  by  Congres 
has  been  applied. 

HOUSE  OF  REPRESENTATIVES,  Jane  28,  1838. 

Mr.  RENCHER,  on  leave,  submitted  the  following  resolu 
tion  ;  which  was  agreed  to  : 

^Resolved,  That  the  Committee  of  Ways  and  Means  inquire  into  the  expe 
diency  of  authorizing  a  temporary  investment  of  the  Smithsonian  legacy 
as  soon  as  it  shall  be  received  by  the  President  of  the  United  States. 

HOUSE  OF  REPRESENTATIVES,  July  2,  1838. 

Mr.  CAMBRELENG,  from  the  Committee  of  Ways  anc 
Means,  reported  the  following  bill : 

[H.  R.  No.  863.] 

A  BILL  to  provide  for  the  investment  of  money  received  under  the  will  o 

th,e  late  James  Smithson,  of  London. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Unitec 
States  of  America  in  Congress  assembled,  That  all  money  arising  from  the 
bequest  of  the  late  James  Smithson,  of  London,  for  the  purpose  of  found- 
ing at  Washington,  in  this  District,  an  institution  to  be  denominated  the 
Smithsonian  Institution,  shall  be  paid  into  the  Treasury,  and  invested  bj 
the^Secretary  of  the  Treasury,  with  the  approbation  of  the  President  of  the 
United  States,  in  stock  of  the  United  States,  to  be  created  for  that  purpose, 
bearing  interest  at  the  rate  of  six  per  centum  per  annum,  payable  annually; 
that  the  certificates  for  said  stock  shall  be  issued  by  the  Secretary  of  the 
Treasury  to  the  President,  who  shall  hold  the  same  in  trust  for  the  uses 
specified  in  the  last  will  and  testament  of  said  Smithson,  until  provision  is 
made  by  law  for  carrying  the  purpose  of  said  bequest  into  effect;  and  thai 
the  annual  interest  accruing  on  the  stock  aforesaid  shall  be  in  like  manner 
invested  for  the  benefit  of  said  institution. 


TWENTY-FIFTH    CONGRESS,    1837-39.  171 

HOUSE  OF  REPRESENTATIVES,  July  9,  1838. 

Mr.  CALHOUN,  of  Massachusetts,  submitted  the  following, 
which  was  agreed  to  : 

Resolved,  That  the  President  of  the  United  States  be  requested  to  cause- 
to  be  laid  before  the  House  during  the  first  week  of  the  next  session  of  Con- 
gress, all  such  communications,  papers,  documents,  &c.,  now  in  the  posses- 
sion of  the  Executive,  or  which  can  be  obtained,  as  shall  elucidate  the 
origin  and  object  of  the  Smithsonian  bequest,  and  the  origin,  progress,  and 
consummation  of  the  process  by  which  that  bequest  has  been  recovered, 
and  whatever  may  be  connected  with  the  subject. 

HOUSE  OF  REPRESENTATIVES,  December  10,  1838. 

Two  messages  were  received  from  the  President  of  the 
United  States,  as  follows  : 

FIRST    MESSAGE. 

To  the  House  of  Representatives  of  the  United  States  : 

I  herewith  transmit  to  the  House  of  Representatives 
reports  from  the  Secretary  of  State  and  the  Secretary  of 
the  Treasury,  with  accompanying  documents,  in  answer  to 
the  resolution  of  the  House  of  the  9th  of  July  last. 

WASHINGTON,  December  7,  1838. 

Ordered,  That  said  message  be  referred  to  a  select  com- 
mittee. 

Mr.  John  Q.  Adams,  Mr.  Smith,  Mr.  Ogle,  Mr.  Charles 
Shepard  of  North  Carolina,  Mr.  Holt,  Mr.  Thompson,  Mr. 
Hunter  of  Ohio,  Mr.  Kennedy,  and  Mr.  Garland  of  Vir- 
ginia, were  appointed  said  select  committee. 

SECOND    MESSAGE. 

For  second  message  see  Senate  Proceedings,  December 
10th. 

Ordered,  That  said  message  be  referred  to  the  select  com- 
mittee last  appointed. 

HOUSE  OF  REPRESENTATIVES,  December  20,  1838. 

Mr.  John  Quincy  Adams  presented  a  memorial  of  Charles 
Lewis  Fleischmann,  a  citizen  of  the  United  States,  showing 
the  importance  of,  and  the  benefits  which  may  arise  from, 
the  establishment  of  a  national  agricultural  school,  as  a 
branch  of  the  Smithsonian  Institution;  which  memorial 
was  referred  to  the  select  committee  appointed  on  two 
messages  from  the  President  in  relation  to  the  Smithsonian 
bequest. 

On  motion  of  Mr.  John  Quincy  Adams 

Ordered,  That  the  memorial  of  Walter  11.  Johnson,  for  an  institution  for 
experiments  in  physical  sciences,  presented  May  21,  1838,  be  referred  to  the 
select  committee  appointed  on  two  messages  from  the  President  in  relation 
to  the  Smithsonian  bequest. 


•17*2  CONGRESSIONAL    PROCEEDINGS. 

The  following  is  the  memorial  of  Prof.  Walter  R.  Johnson : 

To  the  Senate  and  House  of  Representatives  of  the  United  States, 

in  Congress  assembled.          . 

The  memorial  of  the  undersigned,  a  citizen  of  the  United 
States,  respectfully  represents— 

That,  having  been  for  many  years  devoted  to  the  invest!} 
gation  and  elucidation  of  those  departments  of  science 
which  pertain  to  the  practice  of  the  useful  arts;  and  hav- i 
ing,  as  he  conceives,  witnessed  on  various  occasions  the 
serious  detriment  which  the  public  interest  has  suffered 
from  the  want  of  a  national  institution  to  encourage  and 
facilitate  the  cultivation  of  those  departments  of  knowledge 
on  which  these  arts  are  founded,  he  has  at  this  time  ven- 
tured to  present  himself  as  a  memorialist  before  your 
honorable  bodies,  and  to  ask  permission  to  set  forth  the 
importance  and  necessity  of  such  an  institution  to  the  coun- 
try, and  its  claims  to  the  countenance  of  the  (-Jovcrnment 
of  the  United  States. 

In  a  clear  comprehension  of  the  internal  resources  of  the 
country,  the  whole  nation  possesses  a  deep  and  a  growing 
interest;  and  in  those  vast  portions  of  territory  constituting 
the  public  domain,  the  Government  has  a  stake  of  immense 
magnitude.  But  great  as  these  interests  are,  and  much  as 
they  demand  the  services  of  men  professionally  devoted  to 
their  elucidation,  the  United  States  as  yet  possess  no  insti- 
tution appropriated  to  the  lormation  of  those  habits,  and 
the  acquisition  of  that  skill  which  might  insure  the  success 
of  such  researches. 

The  want  of  an  institution  for  these  purposes  is  daily 
rendered  more  striking,  in  proportion  as  the  enterprise  of 
our  citizens  is  enlarged,  and  as  a  reliance  on  our  own 
resources  becomes  the  more  obviously  necessary.  But  the 
determination  of  the  value  of  the  natural  resources  of  the 
country  is  far  from  being  the  only  motive  for  the  establish- 
ment of  an  institution  for  prosecuting  researches  in  phys- 
ical science.  Those  resources  require  to  be  applied  and 
improved,  as  well  as  discovered  and  described. 

A  further  purpose,  therefore,  to  be  effected  by  such  an 
institution  is  the  enlarging  of  those  resources,  by  the  intro- 
duction of  improvements  in  agriculture,  and  by  naturaliz- 
ing the  productions  of  other  climates  to  the  soil  of  our 
widely  extended  territory — the  encouraging  of  those  arts 
which  are  essential  to  our  national  prosperity  and  independ- 
ence— the  diffusing  of  important  information  respecting  the 
commercial  value  of  our  different  resources — the  examin- 
ing of  questions  in  every  department  of  physical  research, 


TWENTY-FIFTH    CONGRESS,    1837-39.  173 

connected  with  the  public  service,  and  the  preventing  of 
those  impostures,  to  which  both  individuals  and  the  public 
are  liable,  while  important  physical  truths  remain  unex- 
plained. 

Motives  of  higher  import  are  not  wanting  :  inducements 
drawn  from  an  exalted  patriotism  might  be  presented,  in 
favor  of  such  measures  as  might  place  our  national  re- 
sources, institutions,  and  arms  of  defence  above  a  depend- 
ence on  the  science  of  foreign  nations. 

In  recognizing  the  important  truth,  that  the  power,  free- 
dom, and  happiness  of  nations  are  essentially  connected 
with  a  comprehension  of  their  own  natural  advantages,  not 
less  than  with  the  wisdom,  firmness,  and  prudence  of  those 
who  are  exalted  to  civil  authority,  we  discover  at  once  the 
vast  magnitude  of  the  obligation  imposed  on  the  people  of 
this  Union  to  become  thoroughly  acquainted  with  the  re- 
sources of  their  country. 

It  is  said,  and  said  truly,  that  every  freeman  should 
understand  the  civil  constitutions  of  the  country  which 
secure  his  rights  ;  and  is  it  less  imperative  to  understand  its 
physical  constitution,  which  secures  his  existence  ? 

Whoever  loves  his  country  would  see  her  great,  power- 
ful— loved  at  home,  and  respected  abroad.  And  what  ele- 
ment in  her  greatness,  her  power,  her  loveliness,  her 
respectability,  is  more  sure  to  win  the  affections,  than  the 
rich  abundance  of  her  natural  advantages,  and  the  ability 
of  her  citizens  to  comprehend,  to  develop,  and  enjoy  them  ? 

It  is  a  mark  of  a  meek  colonial  dependence,  to  remain 
ignorant  of  all  but  the  most  obvious  features  and  produc- 
tions of  a  country ;  and  it  is  an  evidence  of  something 
worse  than  colonial  dependence,  for  a  nation  professing  to 
be  independent,  to  receive  from  foreigners  all  the  knowledge 
that  they  ever  acquire  of  the  natural  features  and  resources 
of  the  country,  and  of  their  application  to  useful  purposes. 
Why  need  we  cite  the  examples  of  antiquity  ?  Why  go  to 
India,  to  Africa,  to  New  Holland,  to  seek  illustrations  of 
this  truth  ?  What  is  the  condition  of  the  colonies  still 
remaining  on  this  continent,  in  regard  to  a  knowledge  of 
their  respective  territories  ?  With  what  jealousy  did  the 
courts  of  Madrid  and  Lisbon  spread  for  three  centuries  a 
midnight  of  ignorance,  with  regard  to  the  arts,  over  the 
fairest  portions  of  the  globe  ! 

And  what  was  the  state  of  the  useful  arts,  in  those  coun- 
tries, at  the  moment  when  they  at  last  greeted  the  uncertain 
dawn  of  a  questionable  liberty  ?  What  is  their  degree  of 
weakness  and  irresolution,  even  at  this  day,  superinduced 


174  CONGRESSIONAL    PROCEEDINGS. 

bv  an  habitual  neglect  of  the  bounties  of  nature,  and  the 
achievements  of  art  ?  How  utterly  at  the  mercy  of  strangers 
—how  little  competent  to  assert  the  dignity  of  any  national 
character,  are  most  of  the  Spanish  American  republics !  It 
is  not  pretended  that  ignorance  of  their  resources  is  the 
only  cause  of  this  degradation ;  but  that  the  former  may  at 
least  be  considered  a  fair  index  to  mark  and  measure  the 
latter. 

But,  it  may  be  asked,  what  great  national  interests  will 
be  benefitted  by  an  institution  like  that  now  proposed  ?  The 
reply  is  easy. 

Wherever,  in  prosecuting  his  designs,  man  has  occasion 
to  call  to  his  aid  the  energies  of  nature,  there  will  researches 
in  physical  science  find  an  appropriate  sphere  of  action. 
And  wherever  any  national  interest  involves  the  production 
or  use  of  material  objects,  there  must  the  energies  of  nature 
be  more  or  less  constantly  put  in  requisition. 

Among  the  prominent  interests  affected  by  the  existence 
and  operation  of  an  institution  for  physical  researches,  are 
those  of  agriculture,  of  the  army,  the  navy,  the  public 
domain,  engineering  and  topography;  architecture,  civil, 
military,  and  naval ;  the  mining  industry  of  the  country 
and  its  interests  in  the  success  of  the  inventive  genius  of 
its  citizens.  To  these  must  be  added  commerce  and  manu- 
factures. 

That  all  these  subjects  are  regarded  as  public  interests,  is, 
perhaps,  sufficiently  evinced  by  the  fact,  that  in  the  distri- 
bution of  the  subjects  of  legislation  in  Congress,  each,  with 
the  exception  of  mining,  is  deemed  of  sufficient  importance 
to  merit  the  attention  of  a  separate  standing  committee  of 
each  House.  Thus  there  is  in  each  House  a  committee  on 
agriculture,  on  military  affairs,  on  naval  affairs,  on  the 
public  lands,  on  roads  and  canals,  on  public  buildings,  on 
patents  and  the  patent  office,  on  commerce,  and  on  manu- 
factures. 

The  foregoing  statement  is  made  in  order  to  show  that, 
in  asking  the  attention  of  the  national  authorities  to  this 
subject,  there  is  no  design  to  obtrude  upon  their  notice 
matters  not  already  within  the  acknowledged  and  long  con- 
ceded sphere  of  constitutional  action ;  that  there  is  no 
attempt  to  introduce  a  course  of  legislation,  on  concerns 
foreign  to  those  great  interests  of  the  nation,  for  the  protec- 
tion of  which  the  fundamental  law  has  invested  the  Legis- 
lature with  ample  powers. 

1.  In  no  department  of  industry  is  the  need  of  experi- 
mental science  more  evident  than  in  that  of  agriculture. 


TWENTY-FIFTH    CONGRESS,    1837-39.  175 

'The  labor  of  research  and  observation  in  this  department 
belongs  alike  to  the  botanist,  the  zoologist,  and  the  chemist. 
The  iirst  should  investigate  the  physiology  and  habitudes  of 
all  those  vegetable  productions  which  constitute  so 'large  a 
portion  of  the  products  of  farming  operations,  together 
with  the  accidents,  blights,  and  diseases,  to  which  they  are 
liable,  the  insects  by  which  their  growth  or  usefulness  may 
be  affected,  and  the  method  of  securing  and  reducing  to  a 
^merchantable  form  the  crops  of  each  vegetable,  when  ma- 
tured. The  introduction  of  exotic  plants,  and  the  treat- 
ment which  may  insure  their  success  in  our  climate,  with 
the  method  of  regulating  and  varying  the  succession  of 
crops,  to  avoid  the  exhaustion  of  soils,  would  appropriately 
fall  under  the  same  branch  of  the  agricultural  department. 

The  practicability  and  the  proper  methods  of  cultivating 
the  vine,  the  olive,  the  mulberry,  the  sugar  beet,  the  Sisal 
and  Manilla  hemp,  the  New  Zealand  flax,  and  other  fibrous 
vegetables  fit  to  furnish  textures  and  cordage,  would  also 
appropriately  fall  under  the  botanical  division  of  agricultu- 
ral science. 

The  collections  in  this  department  would  exhibit  samples 
of  not  only  the  ordinary  and  the  rare  specimens  of  each 
plant,  but  also  the  diseased  individuals  and  the  vegetable 
monsters  of  each  class,  displaying,  when  practicable,  the 
cause  of  such  disease  or  monstrosity.  Under  the  botanical 
division  is  necessarily  included,  also,  whatever  pertains  to 
horticulture  and  the  management  of  fruit  in  all  its  varie- 
ties. 

Zoology  applied  to  agricultural  purposes  would  make 
known  the  rearing  and  treatment  of  every  species  of  useful 
domestic  animals,  whether  bird  or  quadruped,  the  kinds  of 
labor  to  which  any  of  them  may  be  applied  while  living ; 
the  diseases,  contagious  or  otherwise,  to  which  they  may  be 
liable  ;  the  value  and  uses  of  their  living  products,  as  milk, 
wool,  hair,  or  feathers,  and  the  importance  to  man  of  their 
flesh,  sinews,  bones,  horns,  and  pelage,  when  slaughtered. 

The  best  methods  of  domesticating  or  naturalizing  desira- 
ble species  of  animals  not  now  in  use  in  this  country,  and 
improving  the  breeds  of  all  such  as  may  be  susceptible  of 
melioration,  would  likewise  come  under  the  cognizance  of 
this  department.  To  the  same  would  pertain  an  examina- 
tion of  such  of  the  inferior  races  of  animals  which  are 
either  useful,  as  the  bee  and  the  silk-worm,  or  noxious  and 
destructive,  as  the  Hessian  fly,  the  locust,  the  weevil,  and  the 
canker  worm,  as  well  as  of  those  parasitic  insects  which 
often  prove  so  annoying  and  destructive  to  the  larger  ani- 


176  CONGRESSIONAL  PROCEEDINGS. 

mals,  together  with  the  methods  of  their  extermination. 
In  short,  an  agricultural  study  of  animal  beings  must  deal, 
with  the  physiology  and  structure  of  each  race,  in  every 
stage  of  its  existence.  How  wide  is  this  field  of  inquiry, 
and  how  momentous  to  the  interests  of  agriculture,  needs 
riot  to  be  demonstrated. 

But  to  the  chemist  is  assigned,  in  connection  with  agri- 
culture, a  branch  of  duty  not  less  important,  and,  if  any- 
thing, more  difficult,  than  to  either  of  the  preceding.  To 
him  belongs  not  only  the  duty  of  ascertaining  the  constitu- 
ents of  every  soil,  and  the  ingredients  which  render  it 
either  barren  or  fertile,  which  adapt  it  to  peculiar  produc- 
tions, which  cause  it  to  require  more  or  less  labor  in  the 
tillage,  but  also  that  of  determining  the  nature  of  the  dress- 
ing which  may  restore  it  wrhen  exhausted,  whether  tin-  same 
should  consist  of  animal,  vegetable,  or  mineral  substum •»-. 
and  in  what  proportions.  He  must  also  examine  the  con- 
stituents, immediate  and  ultimate,  of  each  vegetable,  and 
trace  the  relation  between  the  character  of  a  soil  and  that 
of  the  vegetable  substances  which  it  is  capable  of  produc- 
ing. 

In  various  parts  of  our  country  it  is  well  known  that 
shell  and  other  limestones,  marl,  gypsum,  and  alluvial 
deposits  of  various  kinds,  are  resorted  to  for  furnishing 
the  dressings  of  worn-out  or  barren  soils  ;  and  yet  it  is 
equally  well  known  that  not  every  soil  is  alike  benefited  by 
the  same  dressing.  Even  among  the  marls,  some  produce 
an  effect  absolutely  injurious,  on  the  very  soils  which  others 
would  fertilize  in  a  high  degree.  Hence  the  importance  of 
designating,  by  means  of  chemical  analysis,  the  fertilizing 
or  non-fertilizing  properties  of  every  compost  used  in  the 
dressing  of  land,  its  adaptation  to  each  soil,  and  its  utility 
as  applied  to  each  production  which  that  soil  is  designed  to 
yield. 

Though  almost  unknown  in  our  country,  and  unapplied 
to  its  industry,  the  subject  of  agricultural  chemistry  has  not 
been  deemed  unworthy  to  engage  the  best  talents  of  Euro- 
pean chemists.  In  proof  of  this,  we  need  only  recur  to  the 
names  of  Henry  and  Ure,  and  the  immortal  Davy. 

The  three  branches  of  agricultural  science  above  de- 
scribed would  in  their  several  collections  present  an  exhibi- 
tion of  exceeding  interest,  and  one  every  way  worthy  to 
fix  the  attention  of  the  multitudes  of  citizens  who  annually 
visit  the  seat  of  Government,  as  well  as  of  the  assembled 
representatives  of  the  people. 

Stored  in  appropriate  receptacles  would   be  found  the 


TWENTY-FIFTH    CONGRESS,    1837-39.  177 

botanical  treasures  of  every  portion  of  our  territory,  and 
the  useful  products  of  every  foreign  clime ;  so  that,  while 
our  conservatory  of  arts  and  trades,  now  rising  with 
increased  splendor  from  the  ashes  of  its  late  conflagration, 
shall  receive  the  monuments  of  inventive  genius,  the  con- 
templated depository  of  our  natural  riches  would  soon  vie 
with  it  in  curiosities  and  in  usefulness. 

2.  Of  the  importance  to  the  military  interests  of  the 
country  of  an  institution  like  that  herein  proposed  no 
doubt  can  be  entertained,  when  we  take  into  view  the  great 
number  of  practical  subjects  which,  in  that  service,  it  is 
necessary  to  determine  by  actual  experiment.  Questions 
relating  to  the  form,  construction,  and  efficiency  of  ord- 
nance and  arms  of  every  description,  the  effect  of  projec- 
tiles as  related  to  their  weight,  bulk,  and  velocity,  and  to 
the  charges  by  which  they  are  projected,  or  to  the  length, 
weight,  windage,  and  other  circumstances  of  the  guns  em- 
employed  ;  to  the  durability  of  the  latter,  as  dependent  on 
the  quality  of  metal  used  in  their  fabrication,  or  on  the 
method  of  casting  and  subsequent  preparation  for  service, 
are  often  presented  for  solution. 

In  connection  with  the  products  of  a  national  foundry, 
should  such  an  establishment  be  authorized,  the  prosecu- 
tion of  experiments  would  be  of  the  utmost  consequence, 
and  they  certainly  cannot  be  less  important  when  the  ord- 
nance for  our  army  and  navy  is  manufactured  entirely  by 
contract.  Much  of  that  skill  which  is  required  in  the 
fabrication  of  small  arms  is  dependent  on  a  just  application 
of  scientific  principles ;  and  careful  researches  into  the 
nature  of  the  materials,  and  the  best  methods  of  working 
them,  is  often  demanded.  Nor  are  inquiries  for  this 
department  of  public  service  confined  to  one  or  a  few 
materials.  Iron,  copper,  and  zinc,  brass,  and  many  other 
alloys;  materials  for  tents,  clothing,  and  accoutrements; 
the  whole  range  of  substances  employed  in  pyrotechny; 
the  materials  for  constructing  fortifications,  whether  on  the 
seaboard  or  in  the  interior;  for  gun-carriages  and  other 
vehicles;  for  portable  bridges,  and  for  every  species  of 
camp  equipage,  are  among  the  objects  of  attention  in  this 
connection.  Nor  must  the  influence  of  heat,  moisture,  and 
other  causes,  in  destroying  the  various  materials  employed 
in  the  military  service,  or  the  means  of  preventing  their 
injurious  effects,  be  omitted. 

The  interests  of  the  army,  then  require  many  series  of 
experimental  inquiries.  And  though,  for  the  purposes  of 
educating  youth  to  the  profession  of  arms,  it  is  admitted 

12 


178  CONGRESSIONAL  PROCEEDINGS. 

that  we  have  an  institution  which  has  received  many  high 
enconiums  for  excellence,  yet  it  is  certain  that  original  inves- 
tigations of  physical  truth  are  not  the  objects  contemplated 
or  mainly  pursued  in  that  establishment.  Consequently,  its 
existence  in  full  activity  and  usefulness  does,  not  diminish 
the  necessity  of  a  national  institution  for  the  purposes  now 
proposed. 

3.  To  the  naval  service  of  the  country  the  subject  offers 
a  great  variety  of  important  considerations.  The  whole 
business  of  navigation,  whether  for  commercial  or  for  war- 
like purposes,  ought  to  be  founded  on  the  most  accurate- 
scientific  principles;  and  every  motive  which  should  impel 
the  mechanic  or  engineer  to  guide  his  practice  by  the  lights 
of  science  is  equally  or  more  urgent  on  the  mariner.  In 
the  prosecution  of  his  adventurous  enterprise,  the  land- 
must  encounter  every  element  of  nature.  Taking,  as  WI- 
DOW do,  steam  navigation  into  the  account,  we  find  him 
engaged  at  the  same  moment  in  a  conflict  between  lire,  air, 
earth,  water,  light,  heat,  electricity,  galvanism,  magnetism. 
chemical  action,  and  the  gravitating  forces  of  the-  earth,  the 
ocean,  and  the  atmosphere. 

To  enable  him  to  contend  successfully  against  these 
various  forces,  he  must,  in  addition  to  the  principles  of  the 
art  of  navigation,  with  no  mean  modicum  of  astronomy, 
bring  to  his  aid  an  extensive  range  of  physical  sciences. 
Not  that  a  staunch,  well-equipped  vessel  must  necessarily  re- 
quire in  him  who  directs  her  course  all  these  qualifications : 
the  above  remarks  are  intended  to  apply  to  nantieal  science 
and  practice  as  a  whole,  embracing  whatever  helongs  to 
the  naval  profession.  This  requires  investigations  to  be 
made  into  the  good  qualities  and  the  defects  of  different 
species  of  timber,  the  i  nil  nonce  of  the  season  of  cutting  on 
the  durability  of  its  various  kinds,  and  the  most  effective 
and  economical  methods  of  preventing  decay. 

Among  other  materials  for  naval  use  requiring  attention 
are  those  of  cordage,  in  all  their  varieties,  frorrT  the  rigid 
hempen  ropes  of  our  own  manufactories,  to  the  rude  coir 
cable  of  the  east,  buoyant  and  elastic,  floating  clear  of  a 
rocky  bottom,  where  the  heavier  hempen  line  would  be 
chafed  and  destroyed ;  and  from  the  delicate  production  of 
Manilla  to  the  stouter  staple  of  the  Sisal  hemp  of  Yucatan. 
^  Far  from  being  distinctly  known,  and  their  several  quali- 
ties clearly  discriminated,  these  different  materials  have 
hitherto  been  scarcely  distinguished  by  their  proper  names, 
even  among  our  mariners  and  merchants.  And  the  names, 
Characters,  and  habitudes  of  the  plants  which  produce  the 


TWENTY-FIFTH    CONGRESS,  1837-39.  179 

textile  fibres  have,  if  possible,  been  less  clearly  understood 
than  the  peculiar  properties  of  the  cordage  itself.  Thus 
the  name  "  sea  grass  "  is  sometimes  applied  to  the  fibres  of 
a  fleshy  perennial  plant  of  the  agave  genus,  which  grows 
on  dry  rocky  hills  far  in  the  interior  of  the  country.  The 
influence  of  heat  and  moisture  on  all  the  different  materials 
employed  for  either  cordage,  sails,  hammocks,  bags,  or  cloth- 
ing, presents  a  wide  field  for  useful  research.  The  relative 
strength  and  durability  of  tarred  and  white  cordage  has 
already  engaged  attention  in  Europe,  but  further  inquiries 
spring  up  as  new  materials  are  introduced. 

Not  less  important  than  either  of  the  preceding  topics  is 
that  of  the  strength  and  other  properties  of  iron,  as  appli- 
cable to  the  fabrication  of  chain  cables  and  smaller  chains 
for  standing  or  running  rigging,  (the  latter  particularly  for 
steam  vessels,)  and  of  bolts  and  anchors  for  all  the  various 
sea  and  river  craft.  Not  only  the  strength  and  elasticity, 
but  the  chemical  purity  also  of  this  material,  and  its  power 
to  resist  corrosion,  are  objects  of  deep  interest. 

The  naval  and  commercial  marine  interests  are  alike  in- 
volved in  an  inquiry  into  the  possibility  of  obtaining  an 
economical  substitute  for  copper  for  the  sheathing  of  ves- 
sels ;  and  whether  that  material  itself  may  yet  be  defended 
from  the  corrosion  which  now  causes  so  heavy  a  charge  on 
the  Government,  as  well  as  on  the  private  shipowner,  A 
movable  galvanic  armature  has  been  suggested  for  this 
purpose,  but  awaits  a  trial  of  its  efficacy. 

Other  subjects  of  inquiry  likewise  press  upon  the  atten- 
tion, such  as  the  most  efficient  and  economical  forms  of 
pumps,  and  the  best  methods  of  working  them  ;  the  best 
modes  of  heating,  ventilating,  and  disinfecting  vessels  at 
sea,  and  of  freeing  them  from  vermin  ;  of  preserving  every 
species  of  provision  on  long  voyages ;  the  practicability  of 
obtaining  fresh  water  by  any  convenient  apparatus  for  dis- 
tillation on  shipboard ;  and  the  most  effective  means  of 
securing  ships  from  electrical  discharges.  Time  would  fail 
us  to  enumerate  all  the  beneficial  results  of  an  enlightened 
application  of  science  to  the  operations  of  dock  yards,  to 
the  construction  and  use  of  dry  docks,  screw  docks,  floating 
docks>  and  marine  railways. 

To  show  that  the  importance  of  science  to  the  naval 
Interest  is  not  herein  overrated,  it  may  not  be  amiss  to 
mention,  that  a  single  division  of  science  applicable  to  this 
service  of  naval  construction,  that  of  the  influence  of  form 
on  the  flotation  and  motion  of  solid  bodies  in  liquids,  has 
not  been  thought  unworthy  to  occupy  the  attention  of  some 


ISO  CONGRESSIONAL    PROCEEDINGS. 

of  the  ablest  philosophers  and  experimenters  of  France, 
Sweden,  and  England.  The  names  of  Bossut,  of  Lagher- 
jelm,  and  of  Beaufoy,  are  vouchers  for  the  truth  of  this 
assertion.  The  labor  of  the  last  named  author,  in  which  it 
appears  that  his  wife  was  a  frequent  participator,  was  truly 
Herculean;  and  the  splendid  publication  and  gratuitous 
distribution  by  their  son  of  the  thirty  years'  scientific 
labors  of  his  parents,  is  a  method  of  building  u  monument 
as  novel  and  touching  as  it  is  liberal  and  affectionate; 
while  the  monument  itself  is  more  honorable,  perhaps, 
than  any  which  the  pencils,  burins  and  chisels  'of  Britain 
have  ever  produced. 

4.  If  from  the  public  defence,  both  military  and  naval,  we. 
pass  to  the  public  revenues,  especially  to  that  part  which  is 
derived  from  the  sale  of  the  public  domain,  we  readily  find 
ample  reason  to  sustain  a  call  for  scientific  investigations. 

The  agricultural  value,  the  geological  structure,  the  min- 
eral resources,  the  botanical  productions,  the  supplies  of 
water  for  manufacturing  purposes,  the  true  geographical 
position,  and  the  force  and  present  direction  of  terrestrial 
magnetism  in  the  regions  where  the  public  lands  are  situ- 
ated, are  circumstances  to  be  attentively  examined  in  pros- 
ecuting a  survey  of  those  lands. 

The  analytical  chemist  will  decide  the  value,  for  mining 
purposes,  of  those  regions,  which  the  geologist  and  miner- 
alogist shall  have  explored;  while  the  engineer  will  note 
whatever  advantages  and  facilities  may  be  offered  for  inter- 
nal communications. 

The  formation  of  a  geological  and  mineralbgical  collec- 
tion, would  result,  of  course,  from  the  surveys  and  exami- 
nations contemplated  in  the  foregoing  remarks.  And  none, 
surely,  can  doubt  the  ability  of  our  country  to  furnish 
collections  which  may  stand  in  competition  with  the  richest 
and  most  celebrated  in  Europe.  Though  it  is  true  that 
mineralogical  exploration,  the  art  of  mining,  and  the  chem- 
ical analysis  of  minerals,  are  almost  in  their  infancy  amongst 
us,  and  though  it  will  be  remembered,  that  even  geological 
inquiries  in  this  country  have  not  surpassed  the  time  of  a 
single  human  life,  since  the  father*  of  American  geology  is 
still  among  the  living;  and  though,  as  a  natural  conse- 
quence, we  yet  know  comparatively  little  respecting  the 
treasures  of  our  mountains,  and  forests,  and  prairies^  still, 


*  William   Maclure,  Esq.,  author  of  "Geology  of    the  United  States," 
resident  in  the  city  of  Mexico  ;  April,  1838.     [Since  deceased,  1844.] 


TWENTY-FIFTH    CONGRESS,    1837-39.  181 

enough  is  already  known  to  warrant  the  brightest  anticipa- 
tions for  the  future. 

As  it  regards  mineral  fuel,  the  American  continent 
appears  to  be  peculiarly  distinguished.  In  one  or  another 
of  its  varieties,  that  material  is  found  in  Nova  Scotia,  in 
Massachusetts,  Rhode  Island,  Pennsylvania,  Maryland, 
Virginia,  Ohio,  Indiana,  Illinois,  Kentucky,  Tennessee,  and 
Missouri ;  on  the  Yellow  Stone  river  on  the  eastern,  and 
and  the  Columbia  on  the  western  side  of  the  Rocky  Moun- 
tains ;  in  the  province  of  Durango  in  Mexico  ;  in  the  Island 
of  Cuba; 'on  the  lofty  Andes  of  Peru;  at  the  Cerro  di 
Pasco  and  Huallanca,  bordering  on  perpetual  snow  ;  and 
near  the  level  of  the  sea,  at  the  city  of  Conception,  on  the 
coast  of  Chili.  But  in  the  Central  arid  Western  States  of 
this  Union  the  greatest  abundance  and  variety  of  this  fuel 
has  hitherto  been  discovered.  It  is  hardly  more  than  thirty 
years  since  so  little  was  known  of  the  coal  of  Pennsylvania, 
that  a  wealthy  and  enterprising  citizen,  who  had  caused  a 
wagon  load  of  excellent  anthracite  to  be  transported  from 
the  valley  of  Wyoming  to  Philadelphia,  at  an  expense  of 
fifty  dollars  a  ton,  and  had  parceled  it  out  for  trial  among 
his' friends,  was  soon  beset  by  the  latter  with  rebuke  and 
ridicule,  for  having,  as  they  alleged,  attempted  to  palm 
upon  them  a  heap  of  black  stones,  under  pretence  of  their 
being  coal,  while  in  fact  they  could  no  more  ignite  them 
than  if  they  had  been  so  much  granite.  A  fortunate  occur- 
rence at  length  dissipated  their  incredulity,  and  saved  the 
credit  of  theVorth}'  citizen  ;  and  the  results  of  that  interest 
which  was  thus  awakened  on  the  subject  have  led  to  a 
knowledge  of  the  mineral  resources  of  that  State,  far  more 
accurate  than  had  ever  previously  existed. 

A  view  of  the  map  of  Pennsylvania  presents  us  with 
nearly  the  form  of  a  parallelogram,  of  which  the  eastern 
end  is  replaced  by  the  irregular  line  traced  by  the  course  of 
the  Delaware  river.  If  lines  were  drawn  parallel  to  the 
western  boundary  of  the  State,  running  north  and  south, 
one  mile  apart,  so  as  to  divide  the  whole  State  into  strips 
one  mile  wide,  proceeding  eastward  and  ending  with  the 
first  of  those  lines  which  should  strike  the  Delaware  river, 
every  one  of  those  belts  would,  it  is  confidently  believed, 
contain  some  portion  of  a  coal  field ;  and  if  these  dividing 
lines  were  crossed  by  others  a  mile  apart,  running  east  and 
west,  dividing  the  State  throughout  its  whole  breadth  into 
similar  strips,  every  one  of  the  latter,  except  perhaps  a  few 
on  the  northern  border,  would  also  contain  more  or  less 
coal  ;  and  we  could  scarcely  draw,  over  the  surface  of  that 


182  CONGRESSIONAL  PROCEEDINGS. 

State,  in  any  direction,  a  straight  line  equal  in  length  to  the 
breadth  of  the  State,  without  traversing  a  bed  of  iron  ore, 
or  of  limestone,  or  of  both.  It  is  not  doubted  that  equally 
interesting  proofs  of  the  prodigality  of  nature  towards  our 
country  may  be  found  in  other  States  and  territories  of  the 
Union,  nor  is  it  necessary  to  dwell  on  the  importance  of 
obtaining  accurate  information  respecting  them. 

In  regard  to  our  extensive  lead  mines,  the  value  of  such 
information  will  be  readily  perceived  by  comparing  the 
present  abundant  supply  of  that  article  with  the  condition 
of  things  when  it  was  obtained  only  by  importation,  and 
when  organ  tubes  of  that  metal  were  taken  from  the 
churches  to  yield  a  scanty  supply  of  bullets  to  Washing- 
ton's little  army  at  Cambridge. 

It  is  unnecessary  to  dwell  on  the  importance  of  obtaining 
accurate  information  respecting  the  metals  employe* I  for 
coin.  Whatever  materials  the  financial  wisdom  of  the 
nation  shall  at  length  decide  to  render  current,  as  the 
medium  of  exchange  and  the  standard  of  value,  our  mines 
of  the  precious  metals,  their  nature,  extent,  and  richness. 
must  ever  remain  objects  of  deep  interest,  both  to  individ- 
uals and  to  the  public. 

The  value  to  be  attached  to  our  materials  for  architectural 
constructions  and  other  ornamental  purposes  yet  remains  to 
be  fully  developed.  Enough,  however,  is  known  to  assure 
us  that  we  have  among  our  marbles  for  massive  structures, 
those  which  may  vie  with  the  Pentelican  of  Greece ;  for 
ornamental  furniture,  with  the  variegated  species  of  Egypt; 
and  for  beautiful  statuary,  with  the  snow-white  Cararra  of 
Italy.  With  lithographic  limestone  we  need  no  longer  call 
on  Germany  to  supply  us.  Our  mineral  colors,  hydraulic 
cements,  and  fire  clays,  need  only  be  better  understood  in 
order  to  supercede  entirely  similar  articles  from  abroad. 

A  patriotic  resolution  of  one  branch  of  the  National 
Legislature  has  recently  decreed  that  the  bust  of  one  of  our 
most  eminent  revolutionary  statesmen  shall  henceforth  rest 
on  a  massive  fragment  of  that  iron  mountain  found  in  the 
rich  and  productive  region  which,  by  a  bloodless  and  hon- 
orable purchase,  his  sagacious  counsels  annexed  to  our 
beloved  country.  Would  that  our  thirty  years  of  posses- 
sion had  taught  us  other  uses  of  that  ore  than  to  lie  in 
unshaped  masses  as  pedestals  for  our  patriots.  Then  might 
we  boast  some  greater  share  of  that  real  national  independ- 
ence, to  the  attainment  of  which  the  whole  life  of  our  Jef- 
ferson was  devoted. 

5.  Passing  to  the  interests  of  the  country,  as  involved  in 


TWENTY-FIFTH    CONGRESS,    1837-39.  183 

her  internal  improvements,  we  find  much  to  occupy  the 
attention  of  scientific  inquirers;  and,  as  the  revenues  of  the 
nation  are  more  or  less  directly  benefitted  by  those  improve- 
ments, it  is  perhaps  but  reasonable  that  the  science  to 
design  and  the  skill  to  execute  those  works  should  be  sup- 
plied by  means,  of  a  national  institution.  To  a  limited 
extent,  our  practice  has  sanctioned  this  course.  Surveyors 
and  engineers  in  the  service  of  the  Government  have,  in  a 
few  cases,  been  placed  at  the  disposal  of  the  State  authori- 
ties. For  reasons  sufficiently  obvious,  however,  no  perma- 
nent reliance  can  be  placed  on  such  a  diversion  of  military 
officers  from  the  peculiar  duties  for  which  the  Government 
has  caused  them  to  be  educated. 

Incidental  to  the  subject  of  internal  commerce  is  that  of 
locomotion,  whether  on  land  or  on  water,  embracing  every 
inquiry  relative  to  steam  navigation,  the  causes  of  explo- 
sions, and  the  methods  proposed  for  insuring  safety. 

Another  incident  to  this  division  of  the  subject  is  the 
introduction  into  our  mining  and  metallurgic  processes  of 
those  improvements  which  may  free  our  country  from  a 
dependence  on  foreign  skill,  foreign  shipping,  foreign  insu- 
rance, commission,  and  brokerage,  for  every  yard  of  rail- 
road iron  which  is  laid  throughout  the  length  and  breadth 
of  the  land.  Over  our  very  richest  beds  of  iron  ore,  and 
coal,  and  limestone,  are  laid  bars  of  foreign  iron,  extending 
far  away  and  crossing  each  other  in  various  directions, 
while  through  their  gratings  the  country  looks  out  at  an 
importunate  creditor  beyond  the  Atlantic.  No  small  por- 
tion of  the  hundred  millions  which  have  been  borrowed 
from  Europe  for  the  purposes  of  internal  improvment,  has 
been  applied  to  the  procuring  of  this  article;  an  article 
which  it  requires  no  very  daring  spirit  of  prophecy  to  assure 
us  will  one  day  be  exported  in  immense  quantities  from  the 
United  States. 

6.  In  reference  to  the  subject  of  architecture  and  public 
buildings,  the  acquisition  of  information  by  experiment 
would  often  prove  a  most  economical  investment  of  a  mod- 
erate portion  of  the  means  devoted  to  such  constructions. 
Besides  all  the  intercresting  inquiries  relating  to  the  form, 
strength,  and  durability  of  materials,  the  permanency  of 
foundations,  and  the  adhesion  of  mortars  and  cements,  we 
have  various  questions  concerning  the  influence  of  temper- 
ature in  the  expansion  of  building  materials,  and  of  the 
proper  forces  to  be  opposed  to  such  expansions,  as  well  as 
to  other  disturbing  causes,  which  might  endanger  the  sta- 
bility of  large  structures.  A  competent  knowledge  of 


184  CONGRESSIONAL    PROCEEDINGS. 

these  various  subjects  would  enable  our  architects  to  insure 
the  permanency  of  their  works,  without  involving  the 
expenditure  of  enormous  sums,  either  to  replace  ill  con- 
structed tottering  edifices,  or  to  surmount  imaginary  nn^^si- 
biliti.es. 

Other  subjects  of  inquiry,  incidental  to  the  departniem 
of  art  now  referred  to,  would  also  merit  attention.  An 
understanding  of  the  laws  which  regulate  the  motions  and 
reverberations  of  sound  would  not  be  found  unprofitable  to 
those  who  construct  halls  for  the  sessions  of  legislative  and 
judicial  bodies.  Exemplifications  of  this  statement  are  but 
too  well  known  at  the  seat  of  Government. 

Many  of  the  truths  which  experimental  research  might 
develop  would  be  equally  applicable  to  every  species  of 
architecture,  whether  civil,  military,  or  naval.  Many  would 
have  reference  chiefly  to  buildings  on  land,  while  others 
would  pertain  exclusively  to  submarine  constructions,  .such 
as  the  foundations  of  piers  and  docks,  sea-walls  and  break- 
waters. 

7.  That  the  country  has  such  an  interest  in  the  inventive 
genius  of  its  citizens  as  would  authorize  the  establishment 
of  an  institution  capable  of  testing  the  value,  as  well   as  of 
proving  the  novelty,  of  any  invention,  seems  to  have  been 
fully  admitted  by  the  constitution  and  laws  of  the   Tinted 
States. 

Several  appropriations  have,  indeed,  already  been  made 
for  special  purposes  of  this  nature,  and  others  have  been 
recently  asked,  for  objects  highly  deserving  of  considera- 
tion, as  connected  with  the  welfare  and  safety  of  the  public. 
The  advantages  to  be  expected  from  this  particular  applica- 
tion of  scientific  labor  are  not  limited  to  any  one  great 
interest.  In  every  branch  of  the  public  service,  inventions 
and  improvements  may  be  found  beneficial,  and  in  all  of 
them  may  investigations  be  deemed  necessary,  before  an 
impartial  decision  can  be  anticipated. 

8.  The  bearing  of  numerous  investigations  on   the   vast 
and   complicated   interests   of  commerce,    is,    perhaps,    too 
obvious  to  require  even   the  slightest  elucidation.     What- 
ever facilitates  navigation,  such  as  improvements  in  steam- 
boats   or    other   vessels ;    whatever    diminishes    the   risks 
attendant  on  its  prosecution,  as  improvements  in   charts, 
beacons,  light-houses,  telegraphs,  and  life-boats,  and  what- 
ever transmits  rapidly  information,  or  funds,  or  persons,  or 
merchandise,  is  essentially  interwoven  with  the  prosperity 
of  commerce. 

9.  And  since  all  the  facilities  and  improvements  in  com- 


TWENTY-FIFTH    COA'GBESS,    1837-39.  185 

merce,  all  the  elements  and  productions  and  moving  forces 
of  nature,  all  the  inventions  of  ingenuity,  all  the  obscure 
movements  of  mining  industry,  all  the  skill  of  the  architect, 
all  the  science  of  the  engineer,  and  all  the  productions  of 
the  agriculturist,  are,  directly  or  indirectly,  conducive  to 
the  manufacturing  and  mechanical  interests  of  the  country, 
there  cannot  exist  a  doubt  of  the  value,  to  those  interests,  of 
an  institution  for  researches  in  practical  science. 

It  is  by  no  means  supposed  by  your  memorialist  that  alt 
the  ramifications  of  each  of  the  great  interests,  which  have 
now  been  shown  to  have  a  stake  in  the  advancement  of 
useful  knowledge,  would  come  simultaneously  under  inves- 
tigation. Eesearches  in  each  would  naturally  follow  in  the 
order  of  its  relative  importance,  and  of  the  facilities  for  its 
examination.  To  obtain  these  facilities  would  be  a  primary 
step  in  the  operations  of  the  establishment. 

The  foundation  of  an  institution  for  practical  science  is, 
in  itself,  no  novel  project  for  the  enlightened  Government 
of  a  cililized  nation  to  entertain.  What  an  intelligent 
stranger  mi#ht,  perhaps,  consider  more  remarkable  in  the 
case,  is  the  fact  that  so  long  a  period  has  been  allowed  to. 
elapse  without  witnessing  an  attempt  to  erect  in  our 
country  such  an  institution.  If  examples  were  required 
we  might  find  them  in  England,  in  her  Eoj^al  Institution 
and  Society  of  Arts ;  in  Scotland,  in  the  Andersonian  In- 
stitution, at  Glasgow  ;  in  France,  in  her  Potytechnic  School 
and  School  of  Mines ;  and  in  Prussia,  in  her  "  Gewerb- 
verein  "  at  Berlin.  To  these  might  be  added  some  local 
establishments  in  our  own  country.  But  even  if  no  prece- 
dent existed,  it  would  be  no  valid  argument  Ugainst  a 
measure  prompted  by  reason,  recommended  by  utility, 
sanctioned  by  our  national  position,  and  demanded  by  so 
many  important  public  interests. 

For  the  accomplishment  of  an  object  so  comprehensive  in 
its  design,  a  considerable  amount  of  means  would  doubtless 
be  required;  and  your  memorialist  would  have  hesitated  to 
offer  at  this  time  his  views  on  a  plan  for  augmenting  the 
public  expenditures,  had  such  been  deemed  a  necessary 
consequence.  And  though  firmly  persuaded  that,  either  for 
the  public  or  for  individuals,  no  fund  is  more  safe  or  pro- 
ductive than  that  of  useful  knowledge,  and  that  in  none 
other  could  a  more  judicious  investment  be  made,  yet  it  is 
believed  that  even  the  admission  of  these  truths  is  not 
required  in  order  to  obtain  means  applicable  to  the  purposes 
now  contemplated. 

A  considerable  fund  has  been  represented  as  likely  to  be 


186  CONGRESSIONAL    PROCEEDINGS. 

soon  forthcoming,  through  the  hands  of  an  agent  specially 
delegated  to  Europe,  under  provision  of  law  for  that  service,, 
to  obtain  a  legacy  left  to  the  United  States,  for  the  express 
purpose  of  founding  an  institution  for  the  "increased  dif- 
fusion of  knowledge  among  men."  While,  therefore,  your 
memorialist  would  solicit  your  honorable  bodies  to  establish 
by  law  an  institution  for  the  purposes  herein  contemplated, 
he  would  also  respectfully  submit  the  propriety  of  inquiring 
whether  such  purposes  be  not  the  most  appropriate  to 
which  the  Smithsonian  legacy  can  be  devoted,  whenever 
the  same  shall  have  been  "received  in  the  United  States; 
and  should  this  be  determined  in  the  affirmative,  then  to 
apply  said  legacy  to  the  carrying  into  execution  of  said  law, 
and  to  the  promotion  of  the  several  objects  herein  sot  forth. 
Respectfully  submitted,  WALTER  R.  JOHNSON. 

HOUSE  OF  REPRESENTATIVES,  January  9,  1839. 

On  motion  of  Mr.  John  Quincy  Adams  from  the  select 
committee  appointed  on  two  messages  of  the  President  of 
the  United  States,  in  relation  to  the  Smithsonian  beqiu-st,  it 
was 

Ordered,  That  the  memorial  of  Charles  Lewis  Fleischmann  !>••  printed, 
and  that  the  drawings  accompanying  the  same  be  lithographed. 

The  following  is  the  memorial  : 

PATENT  OFFICE,  WASHINGTON,  December  8,  1838. 

To  the  Honorable  the  Senate  and  House  of  Representatives 

of  tin',  United  States  of  America  in  Congress  Assembled  : 

The  memorial  of  Charles  Lewis  Fleischmann,  a  citi/en 
of  the  United  States,  respectfully  represents : 

That  your  memorialist  had  the  honor  of  laying  before 
Congress,  at  their  last  session,  (see  Doc.  of  the  House  of 
Representatives,  25th  Congress,  2d  session,  No.  334,)  a  me- 
morial on  the  subject  of  agriculture,  in  which  he  endeavored 
to  show  the  utility  and  importance  of  establishing  an  agri- 
cultural school  at  the  seat  of  Government:  \\liile,  at  the 
same  time,  he  entertained  doubts  whether  Congress  were 
constitutionally  empowered  to  effect  so  desirable  an  object. 
This  object,  however,  can  now  be  attained  without  involv- 
ing any  constitutional  questions,  as  Congress  lias  conic  into 
the  possession  of  the  Smithsonian  legacy,  for  "the  diffusion 
of  knowledge  among  mankind  ;"  a  bequest  bestowed  in  terms 
so  general  that  it  cannot  fail  to  embrace  the  object  of  this 
memorial,  and  it  is  left  solely  to  the  wisdom  of  Congress  to 
designate  the  particular  branch  of  knowledge  which  they 
,  may  please  to  select,  for  the  purpose  of  carrying  into  effect 
the  intention  of  the  testator,  and  thus  attain  the  end  of  hia 


TWENTY-FIFTH    CONGRESS,    1837-39.  187 

enlightened  philanthropy,  and  accomplish  the  object  of  his 
munificent  benefaction. 

As  the  Government  are  annually  adding  vast  tracts  of 
valuable  lands  to  the  public  domain,  Congress  will  doubt- 
less regard  the  consideration  of  agriculture  as  among  its 
first  duties,  as  well  as  one  of  the  most  important  means  of 
promoting  the  welfare  and  prosperity  of  the  country — a 
country  blessed  beyond  all  others  by  the  bounty  of  nature 
and  the  patriotism  of  its  citizens,  and  surpassed  in  the  free- 
dom of  her  institutions  only  by  the  diversity  and  fertility  of 
her  soil. 

It  is  a  self-evident  proposition,  that  agriculture  is  the 
basis  of  civilization  as  well  as  population.  A  neglect  of 
this  great  truth  has  doomed  the  aborigines  of  this  country 
again  to  the  desert,  and  dwindled  down  their  countless 
hosts  to  a  few  feeble  tribes — a  few  solitary  and  starving 
stragglers,  roaming  at  large,  like  the  beasts  of  prey  they 
once  pursued  in  the  chase. 

The  Romans,  though  a  warlike  nation,  considere'd  agri- 
culture as  one  of  the  chief  sources  of  their  wealth  and 
welfare,  and  regarded  its  systematical  pursuit  as  both  honor- 
able and  patriotic.  Cincinnatus  was  twice  called  from  his 
plough  to  the  consulship,  and  once  to  the  dictatorship ;  re- 
turning each  time  again  to  his  plough. 

The  American  Cincinnatus,  who  has  so  well  earned  the 
title  of  "  Father  of  his  country  "  resembled  the  Roman  patriot 
not  less  in  his  principles  and  pursuits  than  his  fortunes  and 
honors.  Twice  called  to  the  chief  magistracy  of  his  country, 
and  once  to  the  chieftancy  of  her  armies,  he  returned  again 
and  again  to  his  plough. 

The  Governments  of  Europe  in  the  8th  century,  to  save 
the  soil  from  deterioration,  and  prevent  emigration,  were 
obliged  to  establish  by  law  the  "  three-field  system"  viz  :  fal- 
low, wheat  or  rye,  and  barley  or  oats ;  which  may  still  be 
traced  in  France  and  Germany.  To  this  law  Europe  owes 
her  advanced  state  of  civilization. 

As  the  population  became  more  dense,  a  higher  degree  of 
knowledge  in  agriculture  was  required,  and  several  efforts 
were  made  to  accomplish  it :  among  others,  the  establishing 
of  professorships  in  universities,  to  teach  agriculture  to 
statesmen,  lawyers,  theologians,  and  physicians.  This  gave 
rise  to  the  perfection  of  agriculture  as  a  science ;  but  as 
universities  are  not  calculated,  in  many  respects,  to  educate  . 
agriculturists,  agricultural  schools  were  established,  to  illus- 
trate theory  by  practice,  which  had  the  desired  effect. 

This  brief  historical  sketch  shows  the  gradual   rise   of 


188  CONGRESSIONAL  PROCEEDINGS. 

European  agriculture,  which  the  science  of  chemistry  and 
physiology  is  now  bringing  to  the  greatest  perfection. 

Let  us  now  compare  the  general  system  of  agriculture  of 
this  country  with  that  of  Europe,  and  we  shall  find  that  the 
one  adopted  here  is  the  system  of  deterioration  and  emigra- 
tion. 

That  the  effect  of  such  a  system  will  and  must  have  a 
very  injurious  influence  on  the  prosperity  of  a  country,  is 
obvious.  Unfortunately,  the  cause  does  not  arise-  alone 
from  the  insufficient  knowledge  of  agriculture,  but  also 
from  the  passion  for  wealth. 

Wealth  has  always  been  the  object  of  the  ambition  of 
individuals  as  well  as  of  nations,  notwithstanding  the  sound 
arguments  of  moralists.  This  passion,  however,  kept  in 
proper  limits,  gives  impulse  to  prosperity ;  but  as  soon  as 
it  degenerates  into  wild  speculations,  it  is  then  the  greatest 
obstacle  to  the  liberty,  independence,  and  prosperity  of 
mankind. 

But  when  wealth  is  produced  by  agriculture,  it  banishes 
idleness  and  the  vices  connected  with  it;  it  renders  the 
greatest  portion  of  the  population  strong,  healthy,  and  in- 
dustrious ;  it  is  the  source  of  domestic  happiness  and  con- 
tentment, and  of  all  the  other  social  virtues ;  it  renders 
nations  powerful;  it  attaches  its  citizens  to  their  native 
soil,  and  the  success  of  the  national  affairs  is  their  highest 
interest. 

To  direct  the  besetting  passion  for  wealth  properly,  and 
to  promote  the  prosperity  of  every  individual  as  well  as  of 
the  whole  nation,  it  is  necessary  to  teach  the  great  mass  of 
the  population  (the  agricultural  class)  how  to  gain  the 
greatest  clear  and  annual  profit,  under  all  existing  circum- 
stances, from  agriculture ;  and  what  will  be  the  most  effi- 
cient means  of  checking  the  rapidly  increasing  evil  of 
exhausting  and  abandoning  the  soil. 

The  prosperity  of  the  whole  Union  has  not,  hitherto,  it 
seems,  suffered  by  this  system  of  unsteadiness;  but  that  is 
no  proof  of  the  welfare  of  the  separate  States ;  for,  in  pro- 
portion as  the  far  west  improves  and  prospers,  the  Atlantic 
States  are  declining;  and  it  shows  that  the  welfare  of  a 
State  depends  on  the  stability  of  its  cultivators,  contented 
with  their  portion,  and  manifesting  a  determination  to  iden- 
tify themselves  with  the  land  of  their  fathers,  (not  thirsting 
after  supposed  fairylands,  cultivated  without  labor ;)  a  living 
example  of  which  is  to  be  found  in  the  wealthy  sons  of  the 
keystone  State,  Pennsylvania. 

It  would  be  ridiculous  to  suggest  the  improvement  of  ag- 


TWENTY-FIFTH    CONGRESS,    1837-39.  189 

riculture  in  this  country  by  laws,  among  a  free,  independent, 
arid  enlightened  people,  who  are  already  aware  of  the  want 
of  instruction,  and  are  seeking  for  it.  The  different  State 
Governments,  the  agricultural  societies,  and  the  agricultural 
journals,  have  all  signally  promoted  the  interests  of  differ- 
ent branches  of  agriculture ;  it  wants  only  the  knowledge 
of  the  means  of  putting  the  improved  parts  of  this  great  and 
useful  machine  together,  so  that  every  part  may  operate  ac- 
cording to  the  law  of  science,  to  produce  the  desired  effect. 

A  beginning  only  is  wanted,  and  the  science  of  agricul- 
ture will  spread  over  the  whole  Union,  like  all  useful  im- 
provements. Congress,  always  acting  wisely  for  the  welfare 
of  their  country,  will  doubtless  apply  a  portion  of  the  Smith- 
sonian legacy  to  the  promotion  of  agriculture,  by  establishing 
an  agricultural  institution,  which  would  be  an  enduring  monu- 
ment in  honor  of  the  testator. 

Your  memorialist,  therefore,  presents  a  plan  of  such  an 
institution,  with  designs  for  the  buildings,  and  estimates  for 
all  the  requisites. 

Such  an  institution,  being  the  first  in  the  United  States, 
would  be  the  rlursery  of  scientific  agriculturists  for  the 
whole  Union  ;  their  education  should  therefore  be  as  perfect 
as  possible,  to  enable  them  to  qualify  themselves  to  serve  as 
directors,  professors,  and  superintendents,  for  similar  estab- 
lishments. 

This  institution  is  calculated  for  one  hundred  pupils;  and 
the  number  should  be  increased  by  degrees,  from  the  profit 
of  the  farm. 

The  lectures  should  be  free,  and  the  price  of  board  mod- 
erate, as  half  of  the  number  of  the  pupils  should  be  practi- 
cally employed  every  day  on  the  farm. 

For  the  convenience  of  medical  attendance  in  cases  of 
sickness,  together  with  the  facility  for  attendance  at  Divine 
worship,  this  institution  should  be  located  within  the  bound- 
ary of  the  cit}7  of  Washington. 


AGRICULTURAL    INSTITUTION 


The  object  of  such  an  institution  should  be  to  show  how 
to  gain  the  highest  clear  and  permanent  profit  from  agricul- 
ture, under  any  circumstances. 

That  such  results  are  not  effected  by  the  mere  imitation 
of  a  certain  tillage  in  every  climate,  of  different  soils  and 
localities,  is  obvious;  it  needs,  therefore,  rules  and  laws, 
founded  on  experience  and  science.  To  design  such  rules 
and  laws,  it  requires  scientific  and  practical  knowledge. 
Therefore,  the  institution  of  an  agricultural  school  must^be 


190  CONGRESSIONAL    PROCEEDINGS. 

theoretical  and  practical.  The  theoretical  instruction  has 
to  extend  not  only  to  the  principal  and  secondary  depart- 
ments, but  also  to* all  the  auxiliary  sciences  which  influence 
agriculture,  directly  or  indirectly,  viz : 

PRINCIPAL    DEPARTMENT. 

I.  Agronomy,  the   science   which  treats  of  the  diffeivnt 
primitive  earths,  and  other  substances  of  which  the  soil  is 
composed,  viz:  silex,  alumen,  lime,  magnesia,  iron,  vegeta- 
ble matter,  &c. 

The  naming  of  the  soils,  from  the  mixture  of  the  primi- 
tive earths,  and  their  value,  as  resulting  from  this  mixture. 

II.  Agriculture,  the  science  teaching  the  cultivation  of  the 
respective  soils,  in  such  manner  as  to  produce  the  most 
perfect  crops.     This  is  divided  into  two  parts  : 

1.  Chemical  agriculture,  treating  of— 

a  Manures  in  general ;  b  Vegetable  manures  ;  c  Mineral  manures. 

2.  Mechanical  agriculture,  treating  of — 

a  Agricultural  implements.  e  Draining. 

b  Modes  of  ploughing.  /  Irrigation. 

c  The  cultivation  of  new  land.  'g  Culture  of  mdbdows. 

d  Fencing.  h  Culture  of  pasture  lands. 

III.  Vegetable  productions,  teaching  the  culture  of — 

a  Cereal  grasses.  rial  plants,  oleaginous  plants, 

b  Leguminous  field  plants.  hops,       tobacco,       medicinal 

c  Plants  cultivated  for  their  roots.  plants,  &c. 

d  Herbage  plants.  g  The  vine. 

€  Grasses.  h  The  mulberry. 

J  Plants  used  in  arts  and  manu-  i  Fruit  trees, 
factures:  such  as  flax,  tincto- 

IV.  Animals  used  or  reared  by  the  agriculturist — 

a  Horses.  knowledge    of    the    different 

b  Mules.  kinds  of  wool. 

c  Cattle —  e  Breeding  and  rearing  swine. 

1.  Dairy.  f  Fowls. 

2.  Fattening.  g  Silkworms. 
d  Sheep,     and  particularly     the       h  Bees. 

V.  Economy,  or  the  manner  of  arranging  and  conducting 
a  farm,  treating  of— 

a  Labor  in  general.  nature  and   quantity  of   ma- 

b  Labor  with  horses  and  oxen.  nure   required   for   a   certain 

c  Labor  performed  by  men.  system  of  rotation  of  crops. 

d  Conducting  a  farm.  ff  Change  of  system. 

e  Book-keeping.  A  The  different  systems  of  rotations. 
J  The  arrangement  of  a  farm  ;  the 

SECONDARY    COMPARTMENT. 

1.  Veterinary. 

2.  Technological  agriculture,  suoh  as  the  making  of  sugar 

from  beets,  making  cider,  burning  lime,  &c. 

3.  Culture  of  forest  trees. 


TWENTY-FIFTH    CONGRESS,    1837-39.  191 

4.  Agricultural  architecture,  and 

5.  Civil  engineering,  as  connected  with  agriculture. 

AUXILIARY    SCIENCES. 

1.  Chemistry. 

2.  Natural  philosophy. 

3.  Mineralogy  and  geology. 

4.  Botany  and  physiology  of  plants. 

5.  Zoology. 

6.  Study  of  the  properties  of  the  atmosphere. 

7.  Mathematical  sciences — 

a  Arithmetic. 

b  Theoretical  and  practical  geometry. 

c  Mechanics. 

8.  Drawing  of  machines,  animals,  plants,  and  landscapes. 

To  illustrate  the  sciences,  there  should  be — 

1.  An  extensive  farm,  with  a  field  for  experiments,  work- 

shops, beet-sugar  manufactory,  mill,  &c. 

2.  A  botanical  garden. 

3.  A  collection  of  the  best  and  most  approved  imple- 

ments-, or  models  of  them. 

4.  A  library. 

5.  A  collection  of  minerals,  properly  arranged,  according 

to  their  chemical  characters,  and  with  relation  to 
their  different  soils. 

6.  An  apparatus  for  mathematical  and  physical  instruc- 

tion. 

7.  A  collection  of  skeletons  of  domestic  animals,  for  the 

study  of  comparative  anatomy  and  the  veterinary 
art. 

8.  A  collection  of  insects. 

9.  A  collection  of  seeds. 

10.  A  laboratory,    with    apparatus   for  chemical   experi- 
ments. 

THE    FARM 

Serves  for  the  practical  accomplishment  of  the  theory.  It 
is  of  the  greatest  importance  to  give  a  practical  illustration 
of  all  the  objects  and  manipulations  treated  of  in  the  course 
of  the  lectures,  and  according  to  the  different  periods  and 
seasons. 

The  husbandry  of  such  an  institution  must,  therefore,  be 
extensive  and  complicated,  so  as  to  show  all  branches  of 
agriculture  in  their  full  extent.  The  operations  which  are 
not  possible  to  be  shown  on  a  large  scale  should  be  exhib- 
ited on  the  experimental  field.  It  should  contain  : 

640  acres  of  land,  for  cultivation^  which  should  be  divided 


192  CONGRESSIONAL    PROCEEDINGS. 

in  two  equal  portions,  to  show  two  different  systems  of  ro- 
tations. First,  a  system  which  has  for  its  object  to  gain  as 
many  different  products  as  possible,  and  to  procure  the  ma- 
nure by  stallfeeding ;  a  system  which  is  favorable  where 
labor  and  capital  are  plenty,  land  valuable,  and  a  ready 
market  for  the  vegetable  and  animal  products. 

Rotation  for  the  above-mentioned  system,  viz:  1,  sugar- 
beet,  potatoes,  turnips,  £c.,  with  manure;  2,  barley;  3, 
clover;  4,  wheat;  5,  Indian  corn,  with  manure;  6,  wheat ; 
7,  tares  and  oats;  8,  rye. 

The  second  system,  favorable  when  labor  and  capital  are 
scarce,  land  plenty,  and  the  object  a  grazwr/  farm.  The  ro- 
tation of  crops  for  this  system  would  be,  vix  :  1,  Indian 
corn,  with  manure;  2,  barley;  3,  clover;  4,  wheat:  "),gni— : 
6,  grass  ;  7,  grass ;  8,  oats. 

As  rotation  of  crops  depends  upon  the  soil,  climate,  and 
many  other  circumstances,  two  rotations  are  given  here,  for 
illustration,  to  enable  us  to  estimate  the  probable  want  of 
cattle,  &c. 

100  acres  of  meadow,  to  show  how  natural  meadows  can  be 
improved  by  draining,  irrigation,  manuring,  &c. 

80  acres  pasturage,  to  show7  the  difference  between  artifi- 
cial and  natural  pasture,  and  the  manner  of  improving  it. 

A  vineyard  of  4  acres,  for  the  culture  of  the  indigenous 
and  foreign  vine;  the  manner  of  making  wine. 

A  hop-garden  of  4  acres,  to  show  the  culture  of  the  best 
kinds,  the  manner  of  taking  the  crop,  drying,  and  bagging. 

For  experimental  fields,  40  acres,  to  show  the  culture  of  all 
plants  useful  in  agriculture;  to  try  new  kinds;  and  also  for 
experiments  on  manure,  rotation  of  crops,  and  new  agricul- 
tural implements. 

A  vegetable  garden,  6  acres,  for  the  supply  of  the  institution, 
and  to  show  the  different  varieties  of  vegetables  useful  in 
husbandry,  and  the  best  culture  of  them. 

A  mulberry  plantation  of  6  acres,  which  should  contain  all 
the  varieties  of  the  mulberry,  to  show  the  culture  of  them, 
and  would  serve  also  to  supply  the  cocoonery  with  leaves. 

An  orchard  and  nursery  of  20  acres.  The  greatest  portion 
of  this  area  should  be  destined  for  a  nursery  to  show  the 
manner  of  raising  and  improving  fruit  trees.  The  fruits  of 
the  orchard  should  supply  the  establishment,  and  show  the 
process  of  making  cider. 

500  acres  of  wood-land,  to  supply  the  establishment  with 
fuel,  and  to  show  the  culture  of  forest  trees,  (a  knowledge 
very  much  wanted  in  the  United  States,)  the  manner  of 
burning  charcoal,  &c. 


TWENTY-FIFTH    CONGRESS,    1887-39.  193 

A  botanical  garden  of  3  acres  should  contain  all  indigenous 
plants,  which  might  be  probably  useful,  and  introduced  in 
agriculture ;  also,  the  imported  plants  and  seeds  from,  for- 
eign  countries,  by  our  navy  officers,  consuls,  &c.;  the  medi- 
cal plants  for  husbandry,  &c. 

A    BEET-SUGAR    MANUFACTORY. 

The  recent  improvement  in  extracting  sugar  from  the 
beet-root  has  so  much  simplified  the  process,  that  it  will 
undoubtedly  become  a  general  business,  so  that  every  farmer 
will  produce  his  own  sugar,  or,  at  least,  raise  and  dry  the 
beet  for  market.  The  object  of  this  institution  should  be 
to  diffuse  the  knowledge  of  so  important  a  discovery,  and. 
therefore,  it  should  have  a  manufactory  for  extracting  the 
sugar  from  the  root,  raised  for  that  purpose  by  the  institu- 
tion and  neighborhood. 

A    MILL. 

A  large  institution,  of  this  description,  should  grind  its 
own  flour  and  corn-meal ;  consequently,  it  becomes  neces- 
sary to  erect  a  mill,  with  two  pairs  of  stones,  which  will 
also  serve  to  show  the  pupils  the  management  and  construc- 
tion of  mills. 

WORKSHOPS. 

To  give  the  pupils  a  knowledge  of  the  manner  of  con- 
structing agricultural  implements,  as  well  as  to  enable  them 
to  estimate  the  costs  of  machines,  buildings,  &c.,  and  to 
apply  the  acquired  theoretical  principles  of  mechanics 
practically,  there  should  be  five  workshops,  viz  : 

Machine  shop, 

Wagon-maker's  shop, 

Blacksmith's  shop, 

Cooper's  shop,  arid 

Carpenter's  shop. 

Each  of  these  shops  should  be  conducted  by  a  skilful  me- 
chanic, who  could  attend  to  the  work  required  by  the  estab- 
lishment, as  well  as  teach  the  pupils  the  use  of  tools. 

The  pupils  should  learn  how  to  forge,  to  shoe  a  horse,  to 
make  a  wheel,  or  wagon,  to  stock  a  plough,  and  to  build 
out-houses.  It  is  not  intended  to  make  them  masters  of 
these  trades,  but  to  enable  them,  in  case  of  necessity,  to 
construct  anything  belonging  to  a  farm. 

STEAM    ENGINE. 

The  mill,  the  apparatus  of  the  sugar-beet  manufactory, 
the  straw-cutter,  the  threshing  machine,  the  machinery  of 
the  workshops,  and  the  pump  which  supplies,  through  a 

13 


194  CONGRESSIONAL    PROCEEDINGS. 

reservoir,  the  whole  establishment  with  water,  should  be 
put  in  operation  by  an  engine  of  12-horse  power. 

BUILDINGS. 

The  buildings  for  such  an  object  should  be  substantial, 
plain,  and  economical.  To  this  establishment  would  be  re- 
quired, viz:  an  institute  or  main  building,  (see  plan,  Nos.  1 
and  2.)  The  annexed  plan  (No.  3)  shows :  (a)  horse  stable, 
(6)  ox  stable,  (c)  calf  stable,  (d)  hospital  stable,  (e)  cow  house, 
(/)  dairy,  root  and  steaming  house,  (g)  piggeries  and  poultry 
house,  (h)  sheep  shed,  (i)  barn  and  stack  yard,  (k)  granary 
and  cart  shed,  (I)  shed  for  the  grist  mill,  straw  cutter,  and 
threshing  machine,  (m)  workshops,  (74)  beet-sugar  maun  fac- 
tory, (o)  engine  with  reservoir  and  pump,  (p)  bee  house  and 
cocoonery. 

LIVE   STOCK. 

Working  cattle. — Should  the  two  given  rotations  of  crops 
be  adopted  for  640  acres  of  land  under  cultivation,  14 
horses  and  24  oxen  would  be  required  to  perform  tin-  nec- 
essary work. 

For  procuring  the  necessary  manure  for  the  two  systems 
already  mentioned,  and  to  show  the  breeding,  rearing,  and 
fattening  of  live  stock,  extensively,  there  should  be — 
2  stud  horses,  (for  light  and  heavy  breeds.) 
16  breeding  mares,  exclusive  of  the  working  horses. 
160  neat  cattle. 
1,200  sheep. 
50  swine. 

The  live  stock  should  consist  of  the  most  choice  foreign 
and  native  breeds. 

IMPLEMENTS. 

A  collection  of  the  most  important  and  approved  imple- 
ments should  be  at  hand,  viz :  swing  and  wheel  ploughs, 
cultivators,  horse  hoes,  sowing  machine,  harrows,  rollers, 
horse  rakes,  reaping  and  mowing  machine,  carts  and  wag- 
ons, straw  cutter,  threshing  machine,  corn  sheller,  root 
chopper,  harnesses,  &c. 

PERSONS  REQUISITE  TO  MANAGE  THIS  INSTITUTION. 

A  Director,  who  should  have  the  entire  control  over  the 
whole  establishment. 

A  Treasurer  and  two  clerks,  to  keep  the  accounts,  and 
attend  to  all  the  transactions  of  the  institution. 

For  the  tuition  of  the  pupils,  there  should  be  five  professors, 
and  a  teacher  for  the  lower  branches,  exclusive  of  the  direc- 


TWENTY-FIFTH    CONGRESS,    1837-39.  195 

tor,  who  should  lecture  on  the  higher  branches  of  agricul- 
ture. 

The  practical  manipulations  are  illustrated  by — 

A  superintendent  of  the  farm. 

A  superintendent  of  the  stables,  who  also  teaches  riding 
and  breaking  horses. 

A  superintendent  of  the  sugar-beet  manufactory. 

A  machinist. 

A  gardener. 

A  shepherd. 

The  domestic  affairs  of  the  institution  should  be  attended 
to  by  a  steward. 

The  prosperity  of  such  an  institution  depends  entirely  on 
the  director,  who  must  have  received  a  theoretical  and 
practical  education  at  an  agricultural  school,  and  must  have 
enriched  his  knowledge  by  extensive  practice  and  by  travel- 
ing. He  should  be  acquainted  with  the  principal  living 
languages,  to  inform  himself  and  his  pupils  of  the  progress 
of  agriculture  in  other  countries. 

The  professors  should  be  well  versed  in  their  sciences, 
and  acquainted  with  agriculture ;  as  the  tuition  of  a  science, 
with  regard  to  the  practical  applications,  demands  not  only 
an  entire  knowledge  of  the  sciences,  but  also  of  the  object 
to  which  it  is  applied. 

The  superintendents  of  the  different  branches  should  be 
practical  men,  and  free  from  the  prejudice  of  book-farming. 

Every  individual  connected  with  the  establishment  should 
possess  the  best  moral  character. 

Conditions  of  admission. 

Every  applicant  for  admission  should  present  a  certificate 
of  his  moral  character,  and  be  examined,  possessing  an  or- 
dinary English  education,  and  capable  of  comprehending  a 
popular  course  of  lectures.  Physical  strength  being  requi- 
site to  perform  the  work  required  on  the  farm,  they  should 
be  at  least  of  the  age  of  14  years. 

The  number  of  pupils  should  not  exceed  100  at  the  com- 
mencement of  the  institution,  and  should  be  divided  into 
three  classes. 

The  free,  or  third  class,  not  exceeding  20  in  number, 
should  obligate  themselves  to  stay  two  years,  and  perform 
the  work  of  the  farm,  where  they  should  receive  board  and 
lodging  free,  every  evening  have  a  lecture  on  the  work  per- 
formed during  the  day,  and  also  be  exercised  in  reading, 
writing,  and  arithmetic.  Their  employment  should  be  so 
arranged  that  every  one  may  become  acquainted  with  all 


196  CONGRESSIONAL    PROCEEDINGS. 

the  different  branches  of  the  institution.  Should  the  pupils 
of  this  class  desire  to  enter  a  higher  class  after  the  first 
year,  they  should  prove  their  capacity  by  an  examination  ; 
and  they  will  then  be  obliged,  like  the  pupils  of  the  second 
and  first  classes,  to  pay  for  board. 

The  second  class,  not  exceeding  60  in  number,  should 
stay  two  years,  to  acquire  a  theoretical  and  practical  knowl- 
edge of  agriculture,  and  all  the  branches  connected  with  it. 
The  pupil  of  this  class  is  obliged  to  attend  to  the  different 
work  every  other  day.  Should  a  pupil  of  this  class  desire 
to  enter  the  first  class,  he  should  be  examined  as  to  his 
capacity. 

The  first  class,  intended  for  20  pupils.  In  this  class 
should  such  pupils  only  be  admitted  as  have  been  two  years 
in  the  second  class,  and  desire  to  perfect  themselves  as  pro- 
fessors for  similar  establishments.  The  pupils  of  this  class 
should  have  the  superintendence  of  other  pupils. 

Order  of  the  day. 

The  signal  for  the  hour  of  rising  and  retiring,  as  well  as 
for  the  different  meals,  and  the  commencement  and  termi- 
nation of  the  work,  should  be  given  by  a  bell. 

The  hour  for  rising,  in  spring  and  summer,  should  be 
half  past  4  o'clock;  in  fall  and  winter,  half  past  5  o'clock. 

One  quarter  of  an  hour  after  rising,  the  bell  should  ring 
for  breakfast ;  after  which,  the  pupils  proceed  to  their  dif- 
ferent occupations  in  the  stables,  field,  barn,  garden,  work- 
shops, &c.,  according  to  directions  given  the  evening  before. 

At  10  o'clock  a.  m.,  the  pupils  should  be  summoned  by 
the  bell  from  their  work,  to  their  rooms,  when  they  pre- 
pare themselves  for  dinner,  and  having  a  recess  until  1 
o'clock  p.  m.,  at  which  hour  the  pupils  return  to  their  work, 
during  the  spring,  fall,  and  winter  seasons;  and  at  3  o'clock 
p.  m.  during  the  summer  season,  according  to  the  order  of 
the  day. 

The  bell  should  ring  for  supper  during  the  spring,  sum- 
mer, and  fall,  at  6  o'clock;  during  the  winter,  at  5  o'clock; 
which  would  give  recess  till  7  o'clock,  when  supper  should 
be  ready. 

After  supper,  at  about  eight  o'clock,  all  the  pupils  should 
proceed  to  the  museum,  where  the  report  of  the  day-work 
is  read  and  illustrated;  and,  at  the  same  time  the  order  for 
the  next  day's  work  is  communicated  to  the  pupils  who 
have  remained  at  home.  They  remain  till  9  o'clock,  em- 
ployed in  writing  their  journals,  and  reading,  &c.,  at  which 
hour  the  bell  should  ring  for  bed. 

Half  of  the  number  of  the  pupils  should  each  day  be 


TWENTY-FIFTH    CONGRESS,    1837-39.  197 

exempt  from  out-door  work,  and  remain  at  home,  engaged 
in  theoretical  studies.  They  assemble,  after  having  taken 
breakfast  with  the  rest  of  the  pupils,  at  the  museum,  where 
they  study  their  lessons.  At  7  o'clock  a.  m.  in  fall  and 
winter,  and  at  6  o'clock  a.  m.  in  summer  and  spring,  they 
should  proceed  to  the  riding  school  and  horse  stable,  where 
they  receive  lectures  on  horsemanship,  and  breeding  horses, 
&c. 

After  this,  they  should  return  to  the  lecture  rooms,  where 
lectures  on  the  different  sciences  are  given  until  11  o'clock. 

At  half  past  11  o'clock  a.  m.  they  should  take  dinner 
with  the  rest  of  the  pupils,  and  have  recess  until  1  o'clock, 
when  the  regular  lectures  recommence,  till  6  o'clock  p.  m. 

Supper  at  7  o'clock,  as  already  mentioned. 

On  Sundays  the  pupils  will  be  accompanied  to  church  by 
their  professors. 

Estimate  of  cost. 

1,360  acres  of  land,  fenced  in,  at  $30  per  acre $40,800 

The  buildings,  inclusive  of  the  furniture  of  the  institute 60,000 

Live  stock 20,000 

Implements,  harnesses,  a  large  balance  scale,  &c 5,000 

Apparatus  of  the  beet-sugar  manufactorv 4,000 

Gristmill 1,500 

Pump,  water  reservoir,  and  hydrants.    

Steam  engine  of  12-horse  power 1,500 

Tools,  lathes  for  workshops 600 

Library _ 1,500 

Physical  and  chemical  apparatus,  collection  of  minerals,  in- 
sects, skeletons,  &c 3,000 

Floating  capital ._  20,000 

Making $158,700 

The  expense  for  a  steward,  and  servants  required  for  the 
service  of  the  pupils  and  professors,  should  be  paid  from 
the  income  of  board. 

The  treasurer  and  clerks,  the  superintendents  of  the  dif- 
ferent branches  of  the  farm,  should  be  paid  from  the  reve- 
nue of  the  farm,  of  the  manufactory,  &c. ;  and  the  surplus 
should  be  applied  for  the  accommodation  of  more  pupils, 
for  the  increase  of  the  library,  apparatus,  &c. 

The  salary  of  the  director  should  be $2,000 

The  salary  of  five  professors 5,000 

And  that  of  a  teacher 600 

Making $7,600 


exclusive  of  free  board  and  lodging;  which,  together  with 
the  salaries,  wrould  require  a  capital  of  $140,000,  at  6  per 
•cent 


^^  .... (e  11  uin   LUC   kjvjuwicv.-,  in 

tion  (No.  7)  concerning  the  legacy  bequeathed  by  Mr.  James 
f  London,  to  the  United  States. 


198  CONGRESSIONAL  PROCEEDINGS. 

The  total  sum  required  for  this  institution  would  amount 

to  $298,700. 

CHARLES  LEWIS  FLEISCHMANN, 

Graduate  of  the  Royal  Agricultural  School  of  Barvaria, 

and  a  citizen  of  the  United  States. 

HOUSE  OF  REPRESENTATIVES,  January  11,  1839. 
A  message  from  the  Senate,  that  it  had  passed  a  resolu- 
on  (No.  7)  c< 
Smithson,  of 

HOUSE  OF  REPRESENTATIVES,  January  12,  1839. 

The  concurrent  resolution  from  the  Senate  (No.  7)  "  con- 
cerning the  legacy  bequeathed  by  Mr.  James  Smithson,  of 
London,  to  the  United  States,  in  trust,  for  an  institution  of 
learning,  to  be  established  in  the  city  of  Washington;"  was 
read  and  concurred  in  by  the  House. 

Mr.  John  Quincy  Adams,  Mr.  Smith,  Mr.  Ogle,  Mr.  Charles  Shepard, 
Mr.  Holt,  Mr.  Thompson,  Mr.  Hunter  of  Ohio,  Mr.  Kennedy,  and  Mr. 
Garland  of  Virginia,  were  appointed  said  committee. 

HOUSE  OF  REPRESENTATIVES,  January  14,  1839. 
On  motion  of  Mr.  KEIM, 

Resolved,  (the  Senate  concurring  therein.)  That  the  joint  committee  on 
the  Smithsonian  bequest  be  instructed  to  inquire  into  the  propriety  of  es- 
tablishing a  professorship  of  the  German  Language,  as  a  part  of  the  literary 
instruction  in  the  intended  Smithsonian  Institute. 

HOUSE  OF  REPRESENTATIVES,  January  26,  1839. 

Mr.  John  Quincy  Adams,  from  the  joint  committee  on  the 
Smithsonian  bequest,  reported  the  following  resolutions, 
viz : 

1.  Resolved,  That  the  sum  of  dollars,  being  the  amount  deposited 

in  the  Treasury  of  the  United  States,  proceeding  from  the  bequest  of  James 
Smithson  to  the  United  States  of  America,  for  the  purpose  of  establishing, 
at  the  city  of  Washington,  an  institution  to  bear  his  name,  for  the  increase 
and  diffusion  of  knowledge  among  men,  together  with  what  additional  sum 
or  sums  may  hereafter  accrue  from  the  same  bequest,  and  so  much  of  the 
interest  as  has  become,  or  may  become  due  on  the  first  named  principal  sum, 

until  the day  of  ,  ought  to  bo  constituted  a  permanent  fund,  to  be 

invested  in  a  corporate  body  of  trustees,  to  remain  under  the  pledge  of 
faith  of  the  United  States,  undiminished  and  unimpaired. 

2:  Resolved,  That  the  said  fund  ought  so  to  be  invested  that  the  faith  of 
the  United  States  shall  be  pledged  for  its  preservation  unimpaired,  and  for 
its  yielding  an  interest,  or  income,  at  the  rate  of  six  per  cent,  a  year,  to  be 
appropriated,  from  time  to  time,  by  Congress,  to  the  declared  purpose  of 
the  founder  ;  and  that  all  appropriations  so  made  shall  be  exclusively  from 
the  interest  or  income  of  the  fund,  and  not  from  any  part  of  the  principal 
thereof. 

3.  Resolved,  That  the  first  appropriations  from  the  interest,  or  income,  of 
the  Smithsonian  fund,  ought  to  be  for  the  erection  and  establishment,  at 


TWENTY-FIFTH    CONGRESS,    1837-39.  199 

the  city  of  Washington,  of  an  astronomical  observatory,  provided  with  the 
best  and  most  approved  instruments  and  books  for  the  continual  observa- 
tion, calculation,  and  recording  of  the  remarkable  phenomena  of  the 
heavens  ;  for  the  periodical  publication  of  the  observations  thus  made  ;  and 
of  a  nautical  almanac  for  the  use  of  the  mariners  of  the  United  States  and 
of  all  other  navigating  nations. 

The  said  resolutions  were  read,  and  laid  on  the  table. 

Mr.  John  Quincy  Adams,  from  the  Joint  Committee  on 
the  Smithsonian  bequest,  reported  the  following  resolution  ; 
which  was  read  and  agreed  to  by  the  House,  viz : 

Resolved,  (the  Senate  concurring  herein,)  That  the  Joint  Committee  of 
both  Houses  on  the  bequest  of  Jarnes  Smithson  be  authorized  to  employ  a 
clerk,  and  to  cause  to  be  printed  such  papers  as  they  may  deem  necessary. 

Ordered,  That  the  clerk  request  the  concurrence  of  the  Senate  in  the 
said  resolution. 

HOUSE  OF  BE^RESENTATIVES,  January  28,  1839. 

A  message  from  the  Senate,  that  the  Senate  have  con- 
curred in  the  resolution  sent  from  this  House  to  authorize 
the  Joint  Committee  on  the  Smithsonian  bequest  to  employ 
a  clerk,  and  to  cause  to  be  printed  such  papers  as  the  com- 
mittee may  deem  necessary. 

HOUSE  OF  KEPRESENTATIVES,  February  16,  1839. 

Mr.  John  Quincy  Adams,  from  the  committee  on  the 
Smithsonian  bequest,  reported  a  bill  (No.  1160)  to  provide 
for  the  disposal  and  management  of  the  sum  bequeathed  by 
James  Smithson  to  the  United  States,  for  the  establishment 
of  an  institution  for  the  increase  and  diffusion  of  knowl- 
edge among  men ;  which  bill  was  read  the  first  and  second 
time,  and  committed  to  the  committee  of  the  whole  House 
on  the  State  of  the  Union. 

Mr.  John  Quincy  Adams,  from  the  same  committee,  re- 
ported another  bill  (No.  1161)  to  provide  for  the  disposal 
and  management  of  the  sum  bequeathed  by  James  Smith- 
son  to  the  United  States,  for  the  establishment  of  an  insti- 
tution for  the  increase  and  diffusion  of  knowledge  among 
rnen ;  which  bill  was  read  the  first  and  second  time,  and 
committed  to  the  committee  of  the  whole  House  on  the 
State  of  the  Union. 

[These  bills  appear  in  the  Senate  proceedings  of  Febru- 
ary, 1839,  as  Nos.  292  and  293.] 


200  CONGRESSIONAL    PROCEEDINGS. 


PKOCEEDINGS  IN  THE  SENATE. 

SENATE,  February  13,  1840. 

MR.  CLAY,  of  Kentucky,  presented  the  petition  of  the 
Kentucky  State  Agricultural  Society,  praying  the  endow- 
ment of  an  agricultural  school  or  college  out  of  the  funds 
of  the  Smithsonian  legacy ;  which  was  referred  to  the  Com- 
mittee on  Agriculture. 


PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  December  30,  1839. 

Mr.  ADAMS,  in  pursuance  of  notice  gi\vn,  asked  and  ob- 
tained leave,  and  introduced  a  bill  to  provide  tor  the  dispo- 
sal and  management  of  the  fund  bequeathed  by  James 
Smithson,  deceased,  to  the  United  States,  for  the  establish- 
ment of  an  institution  for  the  increase  and  diffusion  of 
knowlege  among  men.  Read  twice,  and  referred  to  a  select 
committee  of  nine  members,  viz : 

Mr.  John  Quincy  Adams,  Mr.  Ogle,  Mr.  Shepard,  Mr.  Garland  of  Vir- 
ginia, Mr.  Lewis,  Mr.  Albert  Smith  of  Maine,  Mr.  Barnard,  Mr.  Corwin, 
and  Mr.  Campbell  of  South  Carolina. 

HOUSE  OF  REPRESENTATIVES,  February  5,  1840. 

The  following  memorial  of  the  corporation  of  the  city  of 
Washington  on  the  subject  of  the  Smithsonian  bequest,  was 
referred  to  the  select  committee  upon  the  subject  to  which 
it  relates  : 

MAYOR'S  OFFICE,  WASHINGTON,  January  15,  1840. 

SIB:  In  compliance  with  the  instructions  of  a  committee  appointed  by 
the  corporation  of  this  city,  to  represent  their  interests  before  Congress,  I 
have  the  honor  to  request  you  to  present  the  enclosed  memorial  to  the 
House. 

The  great  interest  you  have  taken  in  the  subject  to  which  the  memorial 
relates,  h«s  induced  the  committee  to  make  this  request. 

I  have  the  honor  to  be,  very  respectfully,  your  most  obedient  servant, 

PETER  FORCE. 

Hon.  J.  Q.  ADAMS, 

House  of  Representatives,  U,  S. 

To  the  Senate  and  House  of  Representatives  in  Congress  assembled  : 

The  memorial  of  the  undersigned,  a  committee  appointed  by  the  corpora- 
tion of  Washington,  respectfully  represents  : 

That  they  have  b^en  instructed  to  express  to  your  honorable  bodies  the 
earnest  desire  of  the  city  councils,  as  well  as  of  Washington,  that  the  be- 
nevolent design  of  the  late  James  Smithson,  of  England,  should  be  carried 
into  execution  as  soon  as  practicable,  by  the  establishment  of  an  institution 
in  their  city  for  the  diffusion  of  knowledge  among  men.  As  this  is  a  mat- 
ter which  more  immediately  concerns  the  people  of  Washington,  where, 


TWENTY-SIXTH    CONGRESS,    1839-41.  201 

according  to  the  desire  and  instruction  of  the  testator,  the  institution  is  to 
be  founded,  they  necessarily  feel  a  deep  solicitude  on  the  subject,  and  are 
anxious  that  Congress  would  take  it  into  serious  and  immediate  considera- 
tion, in  order  that  the  benefit  intended  to  be  conferred,  may  be  enjoyed  at 
as  early  a  period  as  possible.  They  need  not  suggest  that,  in  addition  to 
the  intellectual  advantages  of  which  the  contemplated  institution  promises 
to  be  productive,  it  will  be  the  means,  they  believe,  of  adding  greatly  to 
the  reputation  of  the  metropolis,  and  of  giving  to  it  a  new  source  of  attrac- 
tion. Though  this  motive  may  appear  to  be  selfish,  it  is  nevertheless  one 
which  all  who  take  an  interest  in  the  welfare  and  prosperity  of  the  capital 
of  their  country,  must  necessarily  feel.  But  your  memorialists  are  influ- 
enced by  loftier  and  philanthropic  motives,  in  wishing  to  see  the  instruc- 
tions of  Mr.  Smithson  carried  into  effect.  It  is  impossible  to  calculate  the 
amount  of  good  which  an  institution  properly  founded  and  judiciously 
organized,  as  they  have  no  doubt  this  will  be,  is  susceptible  of  promoting 
the  improvement  of  the  intellect,  taste,  and  morals  of  the  great  com- 
munity of  this  country  ;  for  though  the  fountain  may  be  here,  its  streams 
will  flow  through  all  parts  of  the  republic,  and  fertilize  and  improve  its 
remotest  borders.  It  is  not  for  memorialists  to  point  out  the  character  of 
such  an  institution  as  should  be 'established,  in  accordance  with  the  design 
of  him  who  made  the  bequest,  because  they  know  it  is  in  much  abler  hands  j 
and,  therefore,  it  would  be  presumptuous  in  them  to  attempt  it.  All  they 
desire,  is  to  see  it  speedily  commenced,  and  the  design  fully  carried  out  ; 
and  in  this  desire,  they  believe  they  are  joined  by  all  who  feel  an  interest 
in  the  diffusion  of  human  knowledge,  and  the  intellectual  improvement  of 
their  fellow-men. 

Your  memorialists  respectfully  pray,  that  for  the  benefit  of  their  country- 
men, and  the  special  advantage  which  will  result  from  it  to  Washington, 
the  subject  may  claim  the  immediate  attention  of  Congress,  and  that  a  plan 
will  be  devised  and  adopted  during  the  present  session,  which  will  accord 
with  the  intentions  of  the  testator,  and  when  carried  into  execution,  be 
attended  with  all  the  blessings  and  advantages  which  are  expected  to  flow 
from  an  institution  already  founded  and  wisely  organized. 

And  so  they  will  ever  pray. 

PETER  FORCE. 

CH.  W.  GOLDSBOROUGH. 

GEO.  WATTERSTON. 
JOHN  W.  MAURY. 
JOHN  WILSON. 
GEORGE  ADAMS. 
SAMUEL  BYINGTON. 

Mr.  JOHN  QUINCY  ADAMS  presented  a  memorial  of  Con- 
stantine  S.  Rafinesque,  of  Philadelphia,  professor  of  histor- 
ical and  natural  sciences,  praying  that  the  benevolent  in- 
tentions of  James  Smithson  may  be  speedily  realized,  by 
the  immediate  establishment  of  an  institution  for  the  diffu- 
sion of  useful  knowledge  among  men ;  which  was  referred 
to  the  select  committee  on  the  Smithsonian  bequest. 

HOUSE  OF  REPRESENTATIVES,  February  27,  1840. 

Mr.  ADAMS  asked  Mr.  ORABB  (who  was  entitled  to  the 
floor)  to  give  way  to  allow  him  to  present  a  report  from  the 
select  committee  on  the  Smithsonian  bequest.  It  was  a 
subject  which  had  excited  a  good  deal  of  public  interest ;  and 
lie  merely  wished  to  make  the  report,  and  have  it  printed, 


202  CONGRESSIONAL    PROCEEDINGS. 

which  would  occupy  but  a  few  moments  of  the  time  of  the 
House. 

Mr.  CRABB  said  if  it  was  the  universal  consent  of  the 
House  to  receive  the  report  at  that  time,  he  had  no  objection 
to  give  way  for  the  purpose.  But  objection  was  made. 

HOUSE  OF  REPRESENTATIVES,  March  5,  1840. 

Mr.  JOHN  QUINCY  ADAMS,  from  the  committee  to  which 
was  referred  the  bill  to  provide  for  the  disposal  and  man- 
agement of  the  fund  bequeathed  by  James  Smithson  to  the 
United  States  for  the  establishment  of  an  institution  for  the 
increase  and  diffusion  of  knowledge  among  men,  reported 
an  amendatory  bill,  accompanied  by  a,  report,  which  weiv 
committed  to  the  Committee  of  the  Whole  on  the  state  of 
the  Union. 

The  report  is  as  follows  : 

The  Select  Committee,  to  whom  was  referred  the  bill  to 
provide  for  the  disposal  and  management  of  tin-  fund  be- 
queathed by  James  Smithson  to  the  United  States,  for  the 
establishment  of  an  institution  for  the  increase  and  diffusion 
of  knowledge  among  men,  report  the  same  with  sundry 
amendments. 

And  inasmuch  as  the  subject  of  this  bill,  and  tin-  bequest 
itself,  and  the  institution  to  the  establishment  of  which,  at 
the  city  of  Washington,  it  was  devoted  by  the  testator,  in- 
volve considerations  and  principles  other  than  those  which 
usually  regulate  the  legislation  of  Congress;  and  as  the 
purposes  of  the  bequest  have,  as  yet,  been  but  imperfectly 
made  known  to  the  people  of  the  United  States,  and  prob- 
ably to  a  large  portion  of  the  members  of  the  House,  the 
committee  submit  to  the  indulgence  of  the  House  a  stat.  - 
ment  of  the  material  facts  which  have  hitherto  occurred  in 
the  tender  of  this  fund  to  the  United  States  of  America, 
and  their  acceptance  of  it,  and  an  exposition  of  the  motives 
which  have  prevailed  with  the  committee  to  propose  the 
disposal  of  the  fund,  and  the  provisions  for  its  maintenance 
and  management,  as  they  are  set  forth  in  the  several  sec- 
tions of  the  accompanying  bill. 

Mr.  Adams  then  quotes  message  of  President  Andrew  Jackson,  dated 
December  17,  1835,  the  correspondence  of  Mr.  Vail  and  Clarke,  Fynmore  & 
Fladgate,  James  Smithson's  will,  &c.,  and  then  proceeds: 

This  message  was  referred,  in  the  Senate,  to  their  Com- 
mittee on  the  Judiciary,  which,  on  the  5th  of  January, 
1836,  presented  a  report  favorable  to  the  acceptance  of  the 


TWENTY-SIXTH    CONGRESS,    1839-41.  203". 

bequest,  and. a  joint  resolution  to  authorize  and  enable  the 
President  of  the  United  States  to  assert  and  prosecute,  with 
3ffect,  the  claim  of  the  United  States  to  this  bequest,  in  the 
3ourt  of  chancery,  or  other  proper  tribunal  of  England. 
By  this  joint  resolution,  adopted  on  the  2d  of  May,  1836, 
the  faith  of  the  Government  of  the  United  States  was 
pledged,  that  any  and  all  sums  of  money  which  should  be 
received  for  or  on  account  of  the  said  legacy  should  be 
applied  to  the  purpose  of  founding  and  endowing  at  Wash- 
ington, under  the  name  of  the  Smithsonian  Institution,  an 
3Stablishment  for  the  increase  and  diffusion  of  knowledge 
iimong  men. 

In  the  House  of  Representatives  the  same  message  of  the 
President  was,  on  the  21st  of  December,  1835,  referred  to- 
:i  select  committee  of  nine  members,  which,  on  the  19th  of 
January.  1836,  reported  a  bill,  together  with  a  statement  of 
Pacts  and  principles  connected  with  the  origin  and  accept- 
ance of  this  bequest,  which  the  present  committee  ask  leave 
to  refer  to  the  consideration  of  the  House  as  a  part  of  their 
own  report. 

Mr.  Adams  here  quotes  his  own  report  of  January  19th,  1836,  and  pro- 
seeds  : 

The  bill  accompanying  this  report  was,  in  the  House  of 
Representatives,  substituted  in  the  place  of  the  joint  resolu- 
tion which  had  been  received  from  the  Senate.  It  author- 
ized the  President  of  the  United  States  to  appoint  an  agent 
or  agents  to  prosecute,  in  the  court  of  chancery,  in  England, 
the  right  of  the  United  States  to  the  bequest  of  Mr.  Smith- 
son,  and  to  recover  and  pay  over  the  amount  of  the  same 
into  the  Treasury  of  the  United  States.  This  bill  passed 
in  the  House  without  opposition;  was  concurred  in,  with- 
out amendment,  by  the  Senate  ;  and,  on  the  1st  of  July, 
1836,  received  the  approbation  of  the  President  of  the 
United  States. 

The  third  section  of  this  act  is  in  the  following  words  : 

"  And  be  it  further  enacted,  That  any  and  all  sums  of  money,  and  other 
funds  which  shall  be  received  for,  or  on  account  of,  the  said  legacy,  shall 
be  applied  in  such  manner  as  Congress  may  hereafter  direct,  to  the  purpose 
of  founding  and  endowing,  at  Washington,  under  the  name  of  the  Smith- 
sonian Institution,  an  establishment  for  the  increase  and  diffusion  of  knowl- 
edge among  men  ;  to  which  application  of  the  said  moneys,  and  other  funds, 
the  faith  of  the  United  States  is  hereby  pledged." 

By  virtue  of  this  act  the  President  of  the  United  States 
did,  shortly  after  its  passage,  appoint  Richard  Rush,  of 
Pennsylvania,  the  agent  for  recovering  the  funds  in  Eng- 
land ;  'which  was  accordingly  done  by  a  decree  of  the  Eng- 


204  CONGRESSIONAL    PROCEEDINGS. 

lish  court  of  chancery  ;  and  on  the  1st  of  September,  1838, 
the  sum  of  $508,315.46  was  deposited,  in  gold,  at  the  mint 
of  the  United  States  at  Philadelphia,  being  the  proceeds 
then  recovered  of  the  bequest;  a  further  sum  having  been 
reserved  by  the  English  court  of  chancery  for  the  payment 
of  a  life  annuity  to  the  mother  of  Henry  James  Hunger- 
ford. 

By  the  6th  section  of  the  act  of  Congress  of  7th  .Inly, 
1838,  to  provide  for  the  support  of  the  Military  Academy 
of  the  United  States  at  West  Point,  for  the  year  1838,  it 
was  enacted — 

"  That  all  the  money  arising  from  the  bequest  of  the  late  James  Srnith- 
son,  of  London,  for  the  purpose  of  founding  at  Washington,  in  this  District, 
an  institution  to  be  denominated  the  Smithsonian  Institution,  which  may  l>e 
paid  into  the  Treasury,  is  hereby  appropriated,  and  shall  be  invested,  l>y 
the  Secretary  of  the  Treasury,  with  the  approbation  of  the  President  of  the 
United  States,  in  stocks  of  States,  bearing  interest  at  not  less  than  live  j- •:• 
centum  per  annum;  which  said  stocks  shall  be  held  by  tin-  said  Secretary, 
in  trust,  for  the  uses  specified  in  the  last  will  and  testament  of  said  Smith- 
son,  until  provision  is  made,  by  law,  for  carrying  the  purpose  of  said  bequest 
into  effect;  and  that  the  annual  interest  accruing  <>n  the  stock  afoiv.-akl 
shall  be,  in  like  manner,  invested  for  the  benefit  of  said  Institution." 

Under  this  authority,  thus  granted  before  the  money  was 
received  into  the  Treasury,  the  Secretary  of  the  Treasury 
did,  on  the  4th  of  September,  1838,  invest  four  hundred 
and  ninety-nine  thousand  five  hundred  dollars,  by  the  pur- 
chase of  five  hundred  bonds  of  the  State  of  Arkansas  for 
one  thousand  dollars  each,  bearing  six  per  cent,  interest, 
payable  semi-annually  on  the  1st  of  January  and  July  of 
each  year,  from  the  said  4th  of  September  ;  and  the  further 
sum  of  eight  thousand  two  hundred  and  seventy  dollars 
and  sixty-seven  cents  was  applied  to  the  purchase  of  eight 
bonds  of  the  State  of  Michigan,  bearing  six  per  cent,  inter- 
est, payable  semi-annually  on  the  first  Mondays  in  January 
and  July  from  the  1st  of  May,  1838;  the  interest  on  all 
these  bonds  being  payable  at  the  city  of  New  York. 
^  By  these  transactions  it  will  be  perceived  that  the  United 
States  became  creditors  of  the  States  of  Arkansas  and  of 
Michigan  to  the  amount  of  the  purchase  of  their  respective 
bonds,  and  made  themselves  responsible  to  the  Smithsonian 
fund  for  the  punctual  payment  of  the  principal  and  interest 
of  said  bonds ;  the  faith  of  the  United  States  having  been 
already  pledged  for  the  faithful  application  of  the  fund 
itself  to  the  purposes  of  the  testator — the  increase  and  dif- 
fusion of  knowledge  among  men. 

At  the  last  session  of  "Congress  the  President  of  the 
United  States,  by  a  message  to  both  Houses  of  the  6th  of 
December,  1838,  informed  them  that  the  act  of  the  1st  July, 


TWENTY-SIXTH    CONGRESS,    1839-41.  205 

1836,  to  enable  the  Executive  to  assert  and  prosecute,  with 
effect,  the  claim  of  the  United  States  to  the  legacy  be- 
queathed to  them  by  James  Smithson,  had  received  its 
entire  execution ;  and  that  the  amount  recovered  and  paid 
into  the  Treasury  having,  agreeably  to  an  act  of  the  preced- 
ing session,  been  invested  in  State  stocks,  he  deemed  it 
proper  to  invite  the  attention  of  Congress  to  the  obligation 
devolving  upon  the  United  States  to  fulfill  the  object  of  the 
bequest.  He  added,  that,  in  order  to  obtain  such  informa- 
tion as  might  serve  to  facilitate  its  attainment,  the  Secretary 
of  State  had  been  directed  to  apply  to  persons  versed  in 
science,  and  familiar  with  the  subject  of  public  education,  for 
their  views  as  to  the  mode  of  disposing  of  the  fund  best  calcu- 
lated to  meet  the  intention  of  the  testator,  and  prove  most 
beneficial  to  mankind.  Copies  of  the  circular  from  the 
Secretary  of  State,  and  of  the  answers  to  it  received  at  that 
department,  were  communicated  with  the  message  for  the 
consideration  of  Congress ;  and  for  the  whole  correspond- 
ence, this  committee  "respectfully  refer  the  House  to  docu- 
ment No.  11  of  the  Executive  Documents  of  the  3d  Session 
of  the  25th  Congress. 

On  the  following  day,  (the  7th  of  December,  1838,) 
another  message  was  transmitted  by  the  President  to  the 
House  of  Representatives,  with  reports  from  the  Secretaries 
of  State,  and  of  the  Treasury,  in  compliance  with  a  resolu- 
tion of  the  House,  of  the  9th  of  July  preceding,  requesting 
the  President  to  cause  to  be  laid  before  the  House  all  such 
communications,  documents,  &c.,  in  the  possession  of  the 
Executive,  or  which  could  be  obtained,  as  should  elucidate 
the  origin,  progress,  and  consummation  of  the  process  by 
which  the  Smithsonian  bequest  had  been  recovered,  and 
whatever  might  be  connected  with  the  subject.  For  this 
message  and  accompanying  documents,  the  committee  refer 
the  House  to  No.  10  of  the  Executive  Documents  of  the  last 
session. 

On  the  10th  of  December,  1838,  these  two  messages,  of 
the  6th  and  7th  of  that  month,  were  referred  to  a  select  com- 
mittee of  the  House,  which  proceeded,  at  sundry  meetings, 
to  consider  and  discuss  the  principles  upon  which  it  might 
be  desirable  to  establish  the  foundation  of  the  Smithsonian 
Institution  so  as  best  to  fulfil  the  benevolent  purpose  of  the 
testator;  to  return,  by  the  most  effective  acknowledgment, 
the  signal  honor  done  to  our  country  and  her  institutions, 
by  the  commitment  of  this  great  and  most  honorable  trust 
to  the  United  States  of  America ;  to  prove  them  worthy  of 
that  trust,  by  the  dignity,  disinterestedness,  and  propriety 


206  CONGRESSIONAL  PROCEEDINGS. 

of  all  their  provisions  for  the  disposal  of  the  funds;  and, 
finally,  to  organize  an  establishment  which,  by  its  ultimate 
results,  would,  in  the  impartial  judgment  of  mankind,  our 
own  contemporaries,  and  of  future  ages,  at  once  accomplish 
the  glorious  purpose  of  the  testator — the  increase  and  dif- 
fusion of  knowledge  among  men  ;  and  justify  to  the  eyes  of 
posterity  the  confidence  reposed  in  these  United  Stales  l>y 
the  testator,  in  selecting  them  for  his  a^vnts  and  trustees  to 
accomplish,  when  he  should  be  no  more  on  earth,  his  great 
design  for  the  improvement  of  the  condition  of  man. 

A  variety  of  projects  for  disposing  of  the  funds  had  bei-n 
presented  by  individuals,  in  memorials  to  the  House,  which 
were  referred  to  the  committee  for  consideration.  Xo  one 
of  them  appeared  to  the  committee  adapted  to  accomplish 
the  purpose  of  the  testator.  They  generally  .contemplated 
the  establishment  of  a  school,  college,  or  university.  They 
proposed  expenditures,  absorbing,  in  the  erection  of  build- 
ings, the  capital  of  the  fund  itself,  or  a  very  large  portion 
of  it,  leaving  little  or  nothing  to  be  invested  as  a  perpetual 
-annuity  for  future  and  continual  appropriations,  contribut- 
ing to  the  improvement  of  future  ages,  as  well  as  of  the 
present  generation  ;  and  in  most  of  the  projects  there  might 
be  perceived  purposes  of  personal  accommodation  and  emol- 
ument to  the  projector,  more  adapted  to  the  promotion  of 
his  own  interest  than  to  the  increase  and  diffusion  of  knowl- 
edge among  men. 

The  committee,  from  the  earliest  of  their  meetings,  had 
agreed  that,  in  the  report  to  be  made  to  the  House,  it  should 
be  recommended  that  no  part  of  the  funds  should  be  applied 
-to  the  establishment  or  support  of  any  school,  college,  uni- 
versity, or  ecclesiastical  establishment.  They  had  also 
agreed  to  recommend,  as  a  fundamental  principle  for  the  or- 
ganization of  the  institution  and  the  management  of  its 
.funds,  that  the  capital  amount  of  the  bequest  should  be  pre- 
served entire  and  unimpaired,  so  invested  as  to  yield  an  in- 
come of  six  per  cent,'  a  year;  which  income  only  should  be 
-annually  appropriated  by  Congress,  and  a  considerable  por- 
tion even  of  those  appropriations  be  constituted  as  funds, 
from  the  interest  of  which  expenditures  applicable  to  the 
purposes  of  the  bequest  might  be  provided  for,  and  the  cap- 
ital of  the  bequest  itself  be  annually  rather  increased  than 
diminished. 

While  the  committee  of  the  House  were  engaged  in  de- 
liberating upon  the  means  of  carrying  into  effect  these  prin- 
ciples by  special  enactment,  to  be  proposed  in  their  report, 
on  the  12th  of  January,  1839,  the  subject  was  taken  up  for 


TWENTY-SIXTH    CONGRESS,    1839-41.  207 

Consideration  by  the  Senate  of  the  United  States.  At  the 
motion  of  a  distinguished  member  of  that  body,  the  follow- 
ing joint  resolution  was  adopted  : 

Resolved  by  the  Senate,  (the.  House  of  Representatives  concurring,}  That 
a  joint  committee  be  appointed,  consisting  of  seven  members  of  the  Senate, 
and  such  a  number  of  said  House  as  they  shall  appoint,  to  consider  the  ex- 
pediency of  providing  an  institution  of  learning,  to  be  established  in  the 
•city  of  Washington,  for  the  application  of  the  legacy  bequeathed  by  James 
Smithson,  of  London,  to  the  United  States,  in  trust  for  that  purpose;  also, 
to  consider  the  expediency  of  a  charter  for  such  institution,  together  with  the 
powers  and  privileges  w*hich,  in  their  opinion,  the  said  charter  ought  to 
confer';  also,  to  consider  the  expediency  of  ways  and  means  to  be  provided 
by  Congress,  other  than  said  legacy,  but  in  addition  thereto,  and  in  aid  of 
said  benevolent  intention  ;  and  to  report  by  bill  or  bills  in  the  premises. 

This  resolution  superseded  at  once  all  that  had  been  done 
by  the  House  and  its  committee  upon  the  two  messages  of 
the  President  of  the  6th  and  7th  of  December,  1838.  It 
contemplated  an  institution  of  learning  at  the  city  of  Wash- 
ington, the  establishment  of  which  should  not  only  absorb 
the  whole  fund  bequeathed  by  Mr.  Smithson,  but  large  ap- 
propriations of  the  public  moneys  of  the  nation. 

In  deference,  however,  and  courtesy  to  the  Senate,  the 
Plouse  immediately  concurred  in  their  resolution ;  and  the 
same  members  to  whom,  as  a  select  committee  of  the  House, 
the  two  messages  of  the  President  had  been  referred,  were 
appointed  the  committee  on  the  part  of  the  House  under 
the  joint  resolution. 

Several  meetings  of  the  joint  committee  were  held,  and 
some  discussion  was  entertained ;  but  the  propositions  of 
the  chairman  of  the  committee  on  the  part  of  the  Senate 
were  so  widely  at  variance  with  the  principles  upon  which 
the  committee  on  the  part  of  the  House  had  previously 
agreed,  that  it  soon  became  apparent  that  further  joint  de- 
liberation offered,  no  prospect  of  a  result,  in  which  both 
committees  would  concur.  The  committee  on  the  part  of 
the  House  was  notified  that  the  chairman  of  the  Senate's 
committee  was  authorized  by  them  to  propose  any  measure 
on  their  part  which  he  might  deem  proper,  and  to  agree  to 
any  joint  report  in  which  the  committee  on  the  part  of  the 
House  might  concur. 

On  the'SGth  of  January,  1839,  the  chairman  of  the  com- 
mittee on  the  part  of  the  House,  by  their  direction,  reported 
to  the  House  the  following  resolutions  : 

Resolved,  That  the  sum   of dollars,  being  the  amount  deposited  in 

the  Treasury  of  the  United  States,  proceeding  from  the  bequest  of  James 
Smithson  to  the  United  States  of  America,  for  the  purpose  of  establishing, 
at  the  city  of  Washington,  an  institution  to  bear  his  name,  for  the  increase 
and  diffusion  of  knowledge  among  men,  together  with  what  additional  sum 


208  CONGRESSIONAL    PROCEEDINGS. 

or  sums  may  hereafter  accrue  from  the  same  bequest,  and  so  much  of  the 
interest  as  has  become,  or  may  become  due  on  the  first-named  principal 

sum,  until  the day  of ,  ought  to  be  constituted  a  permanent 

fund,  to  be  invested  in  a  corporate  body  of  trustees,  to  remain,  under  the 
pledge  of  faith  of  the  United  States,  undiminished  and  unimpaired. 

Resolved,  That  the  said  fund  ought  so  to  be  invested  that  the  faith  of  the 
United  States  shall  be  pledged  for  its  preservation,  unimpaired,  and  for  its 
yielding  an  interest  or  income  at  the  rate  of  six  per  cent,  a  year,  to  be  ap- 
propriated from  time  to  time,  by  Congress,  to  the  declared  purpose  of  the 
founder;  and  that  all  appropriations  so  made  shall  be  exclusively  from  the 
interest  or  income  of  the  fund,  and  not  from  any  part  of  the  principal 
thereof. 

Resolved^  That  the  first  appropriations  from  the  interest  or  income  of 
the  Smithsonian  fund  ought  to  be  for  the  erection  and  establishment,  at  the 
city  of  Washington,  of  an  astronomical  observatory,  provided  with  the 
best  and  most  approved  instruments  and  books,  for  the  continual  observa- 
tion, calculation,  and  recording  of  the  remarkable  phenomena  of  the 
heavens,  for  the  periodical  publication  of  the  observations  thus  made,  and 
of  a  nautical  almanac,  for  the  use  of  the  mariners  of  the  United  States,  and 
of  all  other  navigating  nations. 

These  resolutions  were  ordered  to  be  printed,  and  laid  on 
the  table  for  consideration. 

On  the  6th  of  February,  1839,  the  following  resolutions 
were  submitted  by  the  chairman  of  the  committee  on  the 
part  of  the  House,  to  the  joint  committee,  for  considera- 
tion : 

1.  Resolved,  That  the  education  of    the  children  and    youth  of    these 
United  States  has  for  its  object,  not  the  increase  and  diffusion  of  knowledge 
among  men,  but  the  endowment  of  individuals  of   both  sexes  with  useful 
knowledge  already  acquired,  and  suited  to  their  respective  conditions. 

2.  That  the  declared  object  of  the  bequest  of   James  Smithson  to  the 
United  States  of  America  being  the  foundation,  at  the  city  of  Washington, 
of  an  establishment  '  for  the  increase  and  diffusion  of   knowledge  among 
men,'  no  appropriation  of  any  part  of  the  fund  to  the  purpose  of  educating 
the  children  or  youth  of  these  United  States  would  fulfill  the  intent  of  the 
testator. 

3.  That  the  education  of  the  children  of  these   United  States  is  a  duty 
of  solemn  and  indispensable  obligation  incumbent  upon  their  parents  and 
guardians,  not  for  the  increase  and  diffusion  of  knowledge  among  men,  but 
to  qualify  them  for  the  enjoyment  of  their  rights,  and  the  performance  of 
their  duties  throughout  life. 

4.  That  the  United  States  of  America,  having,  by  their  Congress,  ac- 
cepted as  a  trust  a  large  and  liberal  bequest  from  a  foreigner,  for  the  in- 
crease and  diffusion  of  knowledge  among  men,  and  having  pledged  their 
faith  for  the  application  of  the  proceeds  of  that  bequest  to  the  declared  pur- 
pose of  the  testator,  would  neither  fulfill  that  purpose  nor  redeem  their 
pledge,  by  appropriating  a  fund,  devised  for  the  benefit  of  mankind,  to  the 
education  of  their  own  children. 

5.  Resolved,  therefore,  That  no  part  of  the  Smithsonian  fund  ought  to 
be  applied  to  the  education  of  the  children  or  youth  of  the  United  States, 
nor  to  any  school,  college,  university,  or  institute  of  education. 

After  the  meetings  of  the  joint  committee  had  ceased, 
the  chairman  of  the  committee  on  the  part  of  the  Senate, 
by  virtue  of  the  authority  given  him  by  his  colleagues,  pre- 
sented to  the  committee  on  the  part  of  the  House  counter- 


TWENTY-SIXTH    CONGRESS,    1839-41.  209 

resolutions,  disapproving  of  the  application  of  any  part  of 
the  Smithsonian  funds  to  the  establishment  of  an  astronom- 
ical observatory,  arid  urging  the  application  of  them  to  the 
foundation  of  a  university  or  institution  of  learning. 

At  a  meeting  of  the  committee  on  the  part  of  the  House, 
on  the  13th  of  February,  1839,  the  above  resolutions,  which 
had  been  submitted  to  the  joint  committee  on  the  6th,  were 
unanimously  adopted  by  the  members  present  at  the  meet- 
ing. 

As  it  was  thus  ascertained  that  the  views  of  the  chairman 
of  the  Senate's  committee  could  neither  obtain  the  assent 
of  the  committee  on  the  part  of  the  House,  nor  be  conform- 
able to  theirs,  it  was  agreed  that  the  chairman  of  the  Sen- 
ate's committee  should  prepare  a  bill  which  he  would  wish 
to  have  reported,  and  that  the  committee  on  the  part  of  the 
House  should  also  cause  to  be  prepared  a  bill  presenting 
the  principles  upon  which  they  had  agreed,  and  that  both 
the  bills  should  be  reported  together  to  both  Houses  of 
Congress  for  consideration.  The  two  bills  were  accordingly 
reported  to  both  Houses  :  to  this  House  on  the  16th  of 
February,  1839,  where  they  were  twice  read,  and  referred 
to  the  Committee  of  the  Whole  House  on  the  state  of  the 
Union.  They  are  numbered  1160  and  1161,  among  the 
bills  of  the  House  of  the  last  session  ;  but  from  the  lateness 
of  the  time  when  they  were  reported,  and  the  pressure  of 
other  indispensable  or  more  urgent  business,  they  were  not 
taken  up  for  consideration  in  the  Committee  of  the  Whole, 
and  remained  without  further  action  of  the  House  upon 
either  of  them  at  the  close  of  the  session. 

The  bill  prepared  by  the  chairman  of  the  joint  committee 
on  the  part  of  the  Senate  was  taken  up  in  that  body  on  the 
25th  of  February,  and  after  full  debate,  by  a  vote  of  20  to 
15,  laid  on  the  table.  On  the  19th  and  20th  of  February, 
the  Senator  who  had  been  the  chairman  of  the  joint  com- 
mittee introduced  in  the  Senate  a  resolution  to  authorize 
the  mayor  and  city  council  of  the  city  of  Washington  to 
prepare  a  plan  of  an  institution,  to  be  called  the  Smith- 
sonian Institution,  and  to  report  the  same  to  the  Senate  at 
the  next  session ;  which  resolution  was,  on  the  1st  of  March, 
1839,  laid  on  the  table. 

The  bill  prepared  by  direction  of  the  joint  committee  on 
the  part  of  the  House,  and  reported  to  both  Houses,  was 
never  acted  upon  by  the  Senate.  The  bill  referred  to  this 
committee  was  nearly  a  transcript  from  it,  and  embraces 
the  principles  deemed  by  the  committee  of  the  House, 
which  at  the  last  session  reported  the  bill,  of  primary  im- 

14 


210  CONGRESSIONAL    PROCEEDINGS. 

portance  for  the  organization  of  the  Smithsonian  Institu- 
tion, in  the  manner  the  most  effective  for  accomplishing  the 
purposes  of  the  testator. 

The  first  of  these  principles  is,  that  the  capital  sum  of 
the  Smithsonian  fund  should  be  preserved  entire  and  un- 
impaired, invested  in  such  manner  as  to  secure  a  yearly 
income  of  six  per  cent,  and  a  perpetual  annuity  for  yearly 
appropriation  for  all  future  time.  The  reasons  for  this  are 
so  obvious  and  so  urgent,  that  it  was  scarcely  to  be  antic- 
ipated they  would  "meet  with  any  deliberate  opposition. 
The  object  of  the  testator's  bequest  is  as  comprehensive  as 
the  human  mind,  and  as  durable  as  the  existence  of  the 
race  of  man  upon  earth.  The  increase  and  diffusion  of 
knowledge  is,  in  its  nature,  progressive  to  the  end  of  time. 
An  institution  which  should  exhaust  in  its  first  establish- 
ment and  organization  the  whole,  or  the  principal  part  of 
the  bequest," would  necessarily  be  confined  within  limits 
exceedingly  narrow,  compared  with  the  vast  design  of 
increasing  and  diffusing  knowledge.  It  would  also,  as  may 
be  concluded  from  uniform  experience,  be  unable  for  any 
long  series  of  years  to  sustain  itself,  but  would  gradually 
sink  into  insignificance  and  apathy,  or  require  continual 
support  from  public  or  private  munificence.  The  Smith- 
sonian fund  exceeds  half  a  million  of  dollars :  by  investing 
it  safely,  under  the  guaranty  of  the  nation's  faith,  to  yield 
a  yearly  income  of  six  per  cent.,  it  places  at  the  disposal  of 
Congress  a  sum  of  more  than  thirty  thousand  dollars  to  be 
applied  every  year  to  any  object  promotive  of  the  increase 
and  diffusion  of  knowledge.  The  means  of  attaining  this 
end  will,  from  the  very  progressive  nature  of  knowledge, 
vary  from  time  to  time.  Knowledge,  in  her  progress  over 
the  world  of  mind,  pours,  like  the  father  of  the  floods,  her 
waters  into  the  ocean  of  time,  swollen  by  the  tributary 
accession  of  unnumbered  streams. 

This  was  among  the  principal  considerations,  connect- 
ing the  first  of  these  fundamental  principles  with  the 
second — that  no  part  of  the  Smithsonian  fund,  principal  or 
interest,  shall  be  applied  to  any  school,  college,  university, 
institute  of  education,  or  ecclesiastical  establishment. 

There  are  in  these  United  States  ninety-five  universities 
and  colleges,  besides  high  schools,  academies,  and  common 
schools  without  number.  The  objects  of  all  these  institu- 
tions is  one  and  the  same — education  from  infancy  to  man- 
hood. The  subjects  of  instruction  arc  all  the  departments 
of  human  science,  from  the  primer  and  the  spelling  book 
to  the  theory  of  infinites  and  the  mechanism  of  the  heavens. 


TWENTY-SIXTH    CONGRESS,    1839-41.  211 

They  are  variously  graduated,  and  adapted  to  the  capacities 
and  wants  of  the  expanding  mind,  from  the  moment  when 
the  child  becomes  capable  of  receiving  instruction  to  the 
full  formation  of  adult  age,  and  the  preparation  of  the 
citizen  for  the  performance  of  the  duties  of  active  life,  and 
the  exercise  of  the  faculties  thus  acquired  for  the  benefit  of 
the  individual  himself  and  of  his  fellow  creatures  in  the 
social  relations  of  life.  The  ultimate  object  of  them  all  is 
instruction — the  communication  of  knowledge  already  pos- 
sessed, and  not  the  discovery  of  new  truths,  or  the  inven- 
tion of  new  instruments  for  the  enlargement  of  human 
power.  This  was  evidently  the  purpose  of  Mr.  Smithson  : 
and  this  the  committee  of  the  House,  which  reported  their 
bill  at  the  last  session  of  Congress,  unanimously  believed 
to  be  entirely  distinct  from  that  of  the  establishment  of 
any  institution  whatever  devoted  to  the  education  of  chil- 
dren or  of  youth. 

In  this  point  of  view,  the  bequest  of  Mr.  Smithson 
assumed,  in  the  opinion  of  the  committee,  an  interest  of 
the  highest  order,  peculiar  to  itself,  most  happily  adapted 
to  the  character  of  our  republican  institutions,  and  destined 
if  administered  in  the  spirit  in  which  it  was  bestowed,  to 
command  the  grateful  acclamations  of  future  ages,  and  to 
illuminate  the  path  of  man  upon  earth  with  rays  of  knowl- 
edge still  gathering  with  the  revolving  lapse  of  time. 

They  believed  that  an  institute  of  learning  for  education 
in  the  city  of  Washington  was  in  nowise  needed,  there 
being  already  there  a  college  with  a  charter  from  Congress, 
founded  at  great  expense,  provided  with  all  the  apparatus 
for  scientific  instruction,  furnished  with  learned,  skilful,  and 
assiduous  professors  and  teachers  in  every  department  of 
university  studies,  and  yet  scarcely  able  to  sustain  its  own 
existence.  In  the  adjoining  town  of  Georgetown  there  is 
also  a  college ;  and  there  is,  perhaps,  no  part  of  the  United 
States  where  there  is  less  occasion  for  the  institution  of  a 
new  university  or  college.  By  the  express  terms  of  the 
bequest,  the  Smithsonian  Institution  must  be  located  at  the 
city  of  Washington.  A  new  university  here  could  not  fail 
either  to  prove  useless  itself,  or  to  destroy  the  existing 
college,  and  materially  to  injure  the  neighboring  college  at 
Georgetown. 

If,  indeed,  an  institution  of  learning  were  a  suitable 
object  for  the  application  of  the  Smithsonian  fund,  it  wrould 
doubtless  be  practicable  to  engraft  the  existing  Columbian 
College  upon  it,  and  thereby,  instead  of  affecting  injuri- 
ously its  interests  and  prospects,  to  enlarge  its  sphere  of 


212  CONGRESSIONAL  PROCEEDINGS. 

usefulness,  and  relieve  it  at  the  same  time  from  the  embar- 
rassment under  which  it  labors.  But  while  it  would  be 
manifestly  unjust  to  that  college  to  establish  in  its  immedi- 
ate vicinity  a  rival  institution  more  richly  endowed  from 
foreign  funds,  it  might  be  deemed  an  application  not  less 
exceptionable  of  those  funds  to  the  relief  or  assistance  of 
one  particular  establishment  in  this  city,  narrowing  down 
the  general  purpose  of  increasing  and  diffusing  knowledge 
among  men  to  the  special  benefit  and  emolument  of  one 
over-burdened  seminary  of  learning. 

Among  the  reasons  for  discarding  all  institutions  of  educa- 
tion from  the  purview  of  the  Smithsonian  bequest,  the  com- 
mittee of  the  House  at  the  last  seasion  were  not  insensible 
to  the  consideration  that  the  acceptance  of  a  bequest, 
coupled  with  a  trust  for  the  increase  and  diffusion  of  knowl- 
edge among  men,  by  the  United  States  of  America,  imported 
a  career  of  action  in  the  execution  of  the  trust  more  com- 
prehensive in  its  object,  more  extensive  in  its  design,  and 
therefore  more  appropriate  for  the  exercise  of  national 
powers,  than  the  mere  education  of  children. 

The  education  of  children  is,  in  all  civilized  and  Christian 
communities,  in  the  first  instance  a  solemn  and  impi-rativc 
duty  of  their  parents.  It  stands  in  the  first  rank  of  domes- 
tic and  family  duties;  and  so  far  as  it  connects  itself  with 
social  relations,  arid  becomes  a  subject  of  legislation,  it  be- 
longs to  that  class  of  interests  and  concerns  which,  under 
our  complicated  system  of  government,  are  considered  as 
exclusively  confined  to  the  authorities  of  the  separate 
States.  Whether  Congress  possess,  under  the  Constitution, 
the  power  to  establish  a  national  university,  is  at  least  a 
matter  of  doubt ;  and  although  they  have  exclusive  juris- 
diction in  all  cases  whatever  over  the  District  of  Columbia, 
in  which  the  city  of  Washington  is  situated,  yet  an  institute 
of  learning  coextensive  only  with  the  District  of  Columbia 
must  necessarily  be  confined,  in  all  its  administrations,  as 
much  within  that  District  as  the  universities  and  colleges 
within  the  several  States  are  limited  by  their  respective 
jurisdictions.  Nor  did  it  seem  to  the  committee  altogether 
consistent  with  the  self-respect  of  a  great  confederated 
nation  to  receive  from  the  hands  of  a  foreigner  a  liberal 
fund  for  the  increase  and  diffusion  of  knowledge  through- 
out the  world  of  man,  and  apply  it  to  the  schooling  of 
their  own  children. 

The  peculiar  expressions  used  by  the  testator  himself,  in 
the  indication  of  ^the  ultimate  result  of  his  purpose,  and 
the  selection  of  his  trustee,  concur  in  confirming  this  view 


TWENTY-SIXTH    CONGRESS,    1839-41.  213 

of  the  subject.  Had  it  been  his  intention  to  found  a  college 
or  university  for  the  purposes  of  education,  it  seems  impos- 
sible that  he  should  have  avoided  the  use  of  words  necessa- 
rily importing  them :  the  words  school,  college,  university, 
institution  of  learning,  would  have  been  those  most  appropri- 
ate to  the  specification  of  his  design ;  and  it  is  not  imagin- 
able that,  having  such  an  intention,  he  should  studiously 
have  avoided  the  use  of  every  word  most  appropriate  for 
its  designation.  The  increase  and  diffusion  of  knowledge 
among  MEN,  present  neither  the  idea  of  knowledge  already 
acquired  to  be  taught,  nor  of  childhood  or  youth  to  be  in- 
structed ;  but  of  new  discovery— of  progress  in  the  march 
of  the  human  mind — of  accession  to  the  moral,  intellectual, 
and  physical  powers  of  the  human  race — of  dissemination 
throughout  the  inhabited  globe. 

And  if  education  had  been  his  design,  why  should  he  have 
selected  the  city  of  Washington  for  the  seat  of  his  institute, 
and  the  United  States  of  America  for  his  trustees  ?  In  the 
land  of  his  nativity  there  were  children  and  youth  needing 
and  destitute  of  the  blessings  of  education,  in  multitudes 
far  exceeding  those  which  might  have  been  found  in  the 
city  of  Washington,  or  throughout  the  North  American 
Union.  In  the  land  of  his  habitation  and  of  his  decease 
there  swarmed  around  him,  ever  present  to  his  eyes,  num- 
berless children  and  minors,  to  whom  an  institute  of  learn- 
ing would  have  been  far  more  beneficial  than  it  could 
possibly  be  to  the  children  of  the  city  of  Washington,  or  of 
the  whole  United  States.  Mr.  Smithson  had  no  personal 
relations  with  this  country  ;  he  had  never  visited  its  shores ; 
nor  from  the  provisions  of  his  will,  nor  from  anything  that 
has  been  ascertained  of  his  life,  does  it  appear  that  he  was 
ever  intimate,  or  even  acquainted,  with  any  one  native  citi- 
zen of  this  Union.  Why,  then,  should  he  devote  the  whole 
of  an  ample  fortune  to  the  education  of  a  comparatively 
small  number  of  children  in  a  hemisphere  distant  from 
that  in  which  he  was  born,  had  lived,  and  was  to  die,  and 
with  which  he  could  have  no  sympathy  other  than  that  of  a 
common  nature,  and  common  principles  of  moral  and  polit- 
ical truth  ? 

Mr.  Snrithson's  bequest  was  not  to  the  city  of  Washing- 
ton, but  to  the  United  States  of  America.  His  reason  for 
fixing  the  seat  of  his  institution  at  Washington  obviously 
was,  that  there  is  the  seat  of  Government  of  the  United 
States;  and  there  the  Congress,  by  whose  legislation,  and 
the  Executive,  through  whose  agency,  the  trust  committed 
to  the  honor,  intelligence,  and  good  faith  of  the  nation,  is 


914  CONGRESSIONAL    PROCEEDINGS. 

to  be  fulfilled.  The  peculiar  powers  by  which  Congress- 
are  enabled  to  discharge  this  trust  in  all  its  magnitude,  are 
vested  in  them  by  their  authority  of  exclusive  legislation 
over  the  District  of  Columbia;  but,  in  the  execution  of  the 
TRUST,  the  obligation  incumbent  upon  them  by  the  will  of 
the  testator,  and  by  their  recorded  pledge  of  the  nation's 
faith,  is  so  to  organize,  and  so  to  superintend  the  conduct 
of  the  institution,  as  to  spread  the  benefits  to  be  derived 
from  it  not  only  over  the  whole  surface  of  this  Union,  but 
throughout  the  civilized  world. 

The  Smithsonian  fund  appeared  to  the  committee  of  the 
House,  which  at  the  last  session  reported  the  bill,  equiva- 
lent to  a  considerable  yearly  donation  to  the  United  States, 
to  be  expended  in  furnishing  the  means,  and  in  rewarding 
the  accomplishment,  of  new  discoveries  and  inventions 
throughout  the  whole  range  of  science  and  of  art.  The 
specific  means  of  attaining  directly  or  indirectly  this  end, 
are  as  various  as  the  arts  and  sciences  themselves,  and  as 
prolific  as  the  imagination  of  man.  Among  the  many 
establishments  which  were  suggested  to  them,  or  which 
occurred  to  their  own  consideration,  which  would  be 
strictly  included  within  the  express  language  of  the  will, 
and  the  undoubted  intention  of  the  testator,  that  upon 
which  they  rested  as  first  deserving,  and  for  a  succession  of 
several  years,  the  application  of  the  annual  income  of  the 
fund,  was  an  astronomical  observatory  of  the  most  enlarged 
and  liberal  character,  with  provisions  for  the  most  effective 
continual  observation  of  the  phenomena  of  the  heavens; 
for  the  actual  calculations  and  periodical  publication  of  the 
results  of  those  observations,  and  for  affording  to  the  navi- 
gators of  our  own  and  of  all  other  maritime  nations  our  con- 
tribution of  all  the  facilities  which  the  detected  secrets  of 
the  starry  universe  can  furnish  to  the  wandering  pilgrim  of 
this  sublunary  sphere.  It  was  not  the  intention  or  expecta- 
tion of  the  committee  that  the  appropriations  from  the 
Smithsonian  fund  should  be  confined  exclusively  to  tlu's 
object.  Far  otherwise ;  the  improvement  of  all  the  arts 
and  sciences  was  embraced  in  the  letter  and  in  the  spirit  of 
Mr.  Smithspn's Request;  and  that  was  one  of  the  principal 
reasons  which  induced  the  committee  to  recommend,  as  a 
fundamental  principle  for  the  organization  and  conduct  of 
the  institution,  that  perpetuity  and  a  regular  income  should 
be  irrevocably  secured  to  the  fund,  and  yearly  appropri- 
ations made  only  from  the  accruing  income.  A  botanical 
garden,  a  cabinet  of  natural  history,  a  museum  of  miner- 
alogy, conchology,  or  geology,  a  general  accumulating 


TWENTY-SIXTH    CONGRESS,    1839-41.  215 

library — all  institutions  of  which  there  are  numerous  exam- 
ples among  the  civilized  Christian  nations,  and  of  most  of 
which  our  own  country  is  not  entirely  destitute — all  are 
undoubtedly  included  within  the  comprehensive  grasp  of 
Mr.  Smithson 's  design — all  may  receive,  in  turn,  and  with 
progressive  utility  and  power,  liberal  contributions  from 
the  continually  growing  income  of  the  trust.  Nor  did  the 
committee  believe  that  the  moral  or  political  sciences,  the 
philosophy  of  language,  the  natural  history  of  speech,  the 
graces  of  polite  literature,  the  mechanic  or  the  liberal  arts, 
were  to  be  excluded  from  the  benefits  prepared  for  poster- 
ity by  the  perpetuation  of  this  fund.  Whatever  personal 
preference  Mr.  Smithson  may,  during  his  life,  have  enter- 
tained for  the  cultivation  of  the  natural  sciences,  no  such 
preference  encumbers  his  bequest,  or  is  indicated  by  his 
will.  It  is  KNOWLEDGE — the  source  of  all  human  wisdom, 
and  of  all  beneficent  power — knowledge,  as  far  transcend- 
ing the  postulated  lever  of  Archimides  as  the  universe 
transcends  this  speck  of  earth  upon  its  face — knowledge, 
the  attribute  of  Omnipotence,  of  which  man  alone  in  the 
physical  and  material  world  is  permitted  to  participate; 
the  increase  and  diffusion  of  which  among  MEN  is  the  result 
to  which  the  ample  fortune  of  Mr.'  Smithson  is  devoted, 
and  for  the  accomplishment  of  which  he  selects  the  United 
States  of  America  as  his  trustees,  and  their  National  Gov- 
ernment as  his  agents.  Let  not,  then,  any  branch  or 
department  of  human  knowledge  be  excluded  from  its 
equitable  share  of  this  benefaction  ;  but  it  is  believed  that 
no  one  science  deserves  or  requires  the  immediate  applica- 
tion of  the  accrued  and  accruing  income  of  the  fund  so 
urgently  as  practical  astronomy. 

The  express  object  of  an  observatory  is  the  increase  of 
knowledge  by  new  discovery.  The  physical  relations  between 
the  firmament  of  heaven,  and  the  globe  allotted  by  the 
Creator  of  all  to  be  the  abode  of  man,  are  discoverable  only 
by  the  organ  of  the  eye.  Many  of  these  relations  are 
indispensable  to  the  existence  of  human  life,  and,  perhaps, 
of  the  earth  itself.  Who  can  conceive  the  idea  of  a  world 
without  a  sun,  but  must  connect  with  it  the  extinction  of 
light  and  heat,  of  all  animal  life,  of  all  vegetation  and  pro- 
duction; leaving  the  lifeless  clod  of  matter  to  return  to 
the  primitive  state  of  chaos,  or  to  be  consumed  by  elemen- 
tal fire  ?  The  influence  of  the  moon — of  the  planets,  our 
next  door  neighbors  of  the  solar  system — of  the  fixed  stars, 
scattered  over  the  blue  expanse  in  multitudes  exceeding 
the  power  of  human  computation,  and  at  distances  of 


216  CONGRESSIONAL    PROCEEDINGS. 

which  imagination  herself  can  form  no  distinct  conception  : 
the  influence  of  all  these  upon  the  globe  which  we  inhabit, 
:and  upon  the  condition  of  man,  its  dying  and  deathless  in- 
habitant, is  great  and  mysterious,  and,  in  the  search  for 
final  causes,  to  a  great  degree  inscrutable  to  his  finite  and 
limited  faculties.  "The  extent  to  which  they  are  discover- 
able is,  and  must  remain  unknown  ;  but,  to  the  vigilance  of 
a  sleepless  eye,  to  the  toil  of  a  tireless  hand,  and  to  the 
meditations  of  a  thinking,  combining,  and  analyzing  mind, 
secrets  are  successively  revealed,  not  only  of  the  deepest 
import  to  the  welfare  of  man  in  his  earthly  career,  but 
which  seem  to  lift  him  from  the  earth  to  the  threshold  of 
his  eternal  abode ;  to  lead  him  blindfold  up  to  the  council- 
chamber  of  Omnipotence  ;  and  there,  stripping  the  bandage 
from  his  eyes,  bid  him  look  undazzled  at  the  Throne  of 
God. 

In  the  history  of  the  human  species,  (so  far  as  it  is  known 
to  us,)  astronomical  observation  was  one  of  the  first  objects 
of  pursuit  for  the  acquisition  of  knowledge.  In  the  first 
chapter  of  the  Sacred  Volume  we  are  told  that,  in  the  pro- 
cess of  creation,  "  God  said,  let  there  be  lights  in  the  firma- 
ment of  the  heavens,  to  divide  the  day  from  the  night ;  and 
let  them  be  for  signs,  and  for  seasons,  and  for  days  and 
years."  By  the  special  appointment,  then,  of  the  Creator, 
they  were  made  the  standards  for  the  measurement  of  time 
upon  earth.  They  were  made  for  more  ;  not  only  for  sea- 
sons, for  days,  and  years — but  for  SIGNS.  Signs  of  what  ? 
It  may  be  that  the  word  in  this  passage  lias  reference  to  the 
signs  of  the  Egyptian  zodiac,  to  mark  the  succession  of 
solar  months ;  or  it  may  indicate  a  more  latent  connection 
between  the  heavens  and  the  earth,  of  the  nature  of  judicial 
astrology.  These  relations  are  not  only  apparent  to  the 
most  superficial  observation  of  man,  but  many  of  them 
remain  inexhaustible  funds  of  successive  discovery — per- 
haps as  long  as  the  continued  existence  of  man  upon  earth. 
What  an  unknown  world  of  mind,  for  example,  is  yet  teem- 
ing in  the  womb  of  time,  to  be  revealed  in  tracing  the 
causes  of  the  sympathy  between  the  magnet  and  the  pole- 
that  unseen,  immaterial  spirit,  which  walks  with  us  through 
the  most  entangled  forests,  over  the  most  interminable 
wilderness,  and  across  every  region  of  the  pathless  deep, 
by  day,  by  night,  in  the  calm  serene  of  a  cloudless  sky,  and 
in  the  howling  of  the  hurricane  or  the  typhoon  ?  Who  can 
witness  the  movements  of  that  tremulous  needle,  poised 
upon  its  centre,  still  tending  to  the  polar  star,  but  obedient 
to  his  distant  hand,  armed  with  a  metallic  guide,  round 


TWENTY-SIXTH    CONGRESS,    1839-41.  217 

-every  point  of  the  compass,  at  the  fiat  of  his  will,  without 
feeling  a  thrill  of  amazement  approaching  to  superstition? 
The  discovery  of  the  attractive  power  of  the  magnet  was 
made  before  the  invention  of  the  alphabet  or  the  age  of 
hieroglyphics.  No  record  of  the  event  is  found  upon  the 
annals  of  human  history;  but  seven  hundred  years  have 
scarcely  passed  away  since  its  polarity  was  first  known  to 
the  civilized  European  man.  It  was  by  observation  of  the 
periodical  revolution  of  the  earth  in  her  orbit  round  the 
sun,  compared  with  her  daily  revolution  round  her  axis, 
that  was  disclosed  the  fact  that  her  annual  period  was  com- 
posed of  365  of  her  daily  revolutions,  or,  in  other  words, 
that  the  year  was  composed  of  365  days  ;  but  the  shepherds 
of  Egypt,  watching  their  flocks  by  night,  could  not  but 
observe  the  movements  of  the  Dog-star — next  to  the  sun, 
the  most  brilliant  of  the  luminaries  of  heaven.  They  wor- 
shipped that  star  as  a  god ;  and  losing  sight  of  him  for 
about  forty  days  every  year,  during  his  conjunction  with 
the  sun,  they  watched  with  intense  anxiety  for  his  reappear- 
ance in  the  sky,  and  with  that  day  commenced  their  year. 
By  this  practice,  it  failed  not  soon  to  be  found  that,  although 
the  reappearance  of  the  star,  for  three  successive  years,  was 
at  the  end  of  365  days,  it  would  on  the  fourth  year  be  de- 
layed one  day  longer ;  and  after  repeated  observation  of 
this  phenomenon,  they  added  six  hours  to  the  computed 
duration  of  the  year,  arid  established  the  canicular  period 
of  four  years,  consisting  of  1,461  days.  It  was  not  until 
the  days  of  Julius  Caesar  that  this  computation  of  time  was 
adopted  in  the  Roman  calendar ;  and  fifteen  centuries  from 
that  time  had  elapsed  before  the  yearly  celebration  of  the 
Christian  paschal  festivals,  founded  upon  the  Passover  of 
the  Levitical  law,  revealed  the  fact  that  the  annual  revolu- 
tion of  the  earth,  in  her  orbit  round  the  sun,  is  not  precisely 
of  365  days  and  one  quarter,  but  of  between  11  arid  12 
minutes  less  ;  and  thus  the  duration  of  the  year  was  ascer- 
tained, as  a  measure  of  time,  to  an  accuracy  of  three  or 
four  seconds,  more  or  less — a  mistake  which  would  scarcely 
-amount  to  one  day  in  twenty  thousand  years. 

It  is,  then,  to  the  successive  discoveries  of  persevering 
astronomical  observation  through  a  period  of  fifty  centuries 
that  we  are  indebted  for  a  fixed  and  permanent  standard 
for  the  measurement  of  time.  And  by  the  same  science 
has  man  acquired,  so  far  as  he  possesses  it,  a  standard  for 
the  measurement  of  space.  A  standard  for  the  measure- 
ment of  the  dimensions  and  distances  of  the  fixed  stars 
from  ourselves  is  yet  to  be  found ;  and,  if  ever  found,  will 


218  CONGRESSIONAL    PROCEEDINGS. 

be  through  the  means  of  astronomical  observation.  The 
influence  of  all  these  discoveries  upon  the  condition  of  man 
is,  no  doubt,  infinitely  diversified  in  relative  importance  ; 
but  all,  even  the  minutest,  contribute  to  the  increase  and 
diffusion  of  knowledge.  There  is  no  richer  field  of  science 
opened  to  the  exploration  of  man  in  search  of  knowledge 
than  astronomical  observation  ;  nor  is  there,  in  the  opinion 
of  this  committee,  any  duty  more  impressively  incumbent 
upon  all  human  governments  than  that  of  furnishing  means 
and  facilities  and  rewards  to  those  who  devote  the  labors 
of  their  lives  to  the  indefatigable  industry,  the  unceasing 
vigilance,  and  the  bright  intelligence  indispensable  to  suc- 
cess in  these  pursuits. 

The  committee  will  add,  that  at  no  period  of  human  his- 
tory has  the  general  impulse  of  the  learned  world  been 
more  intensely  directed  to  the  cultivation  of  this  science 
than  in  the  present  age.  It  was  an  observation  of  Voltaire, 
that  if  the  whole  human  race  could  be  assembled  in  one 
mass,  from  the  creation  of  man  to  his  time,  in  the  gradua- 
tion of  genius  among  them  all,  Isaac  Newton  would  stand 
at  their  head.  But  the  discoveries  of  Newton  were  the 
results  of  calculations  founded  upon  the  observations  of 
others — of  Copernicus,  of  Tycho  Brahe,  of  Kepler,  of 
Flamsteed ;  and  among  their  producing  causes,  not  the 
least  was  the  erection  and  establishment  of  the  royal  ob- 
servatory of  Greenwich. 

The  original  purpose  of  this  institution,  first  commenced 
in  1676,  under  the  patronage  of  Charles  the  Second,  and 
the  most  glorious  incident  of  his  life,  was  for  the  finding 
out  the  so-rnuch-desired  longitudes  of  places  for  the  perfect- 
ing the  art  of  navigation  ;  and  the  inscription  still  existing 
above  the  original  door  of  the  observatory  declares  that  it 
was  built  for  the  benefit  of  astronomy  and  navigation ;  so 
intimately  connected  together  are  the  abstract  science 
and  the  practical  art,  that,  without  the  help  of  the  astrono- 
mer, the  seaman  could  not  urge  his  bark  in  safety  one  inch 
beyond  the  sight  of  the  shore. 

The  discovery  of  the  longitudes  of  places,  the  benefit  of 
astronomy  and  navigation,  were  thus  the  declared  objects 
of  the  erecting  of  the  Greenwich  Observatory,  arid  of  the 
appointment,  in  the  person  of  Flamsteed,  of  an  astronomical 
observator  ^vith  a  salary  of  one  hundred  pounds  sterling  a 
year,  leaving  him  to  provide  himself  with  all  the  instru- 
ments and  books  necessary  for  the  performance  of  his 
duties.  _  And  what  were  the  first  fruits  of  this  institution  ? 
1.  An  increased  accuracy  of  observation,  by  the  attachment 


TWENTY-SIXTH    CONGRESS,    1839-41.  219-' 

of  telescopes  to  graduated  instruments,  and  by  the  use  of  a 
clock  to  note  the  time  at  which  stars  and  planets  passed,  by 
their  apparent  diurnal  motion,  across  the  middle  of  the 
field  of  view  of  the  telescope.  2.  A  catalogue  of  the  places 
of  3,310  stars,  with  a  name  affixed  to  each  of  them,  the 
selection  and  nomenclature  of  which  have  served  as  the 
basis  to  every  catalogue  since  that  time.  Nor  is  it  an  unin- 
teresting incident  in  the  progressive  history  of  astronomical 
knowledge,  that  when,  one  hundred  years  later,  Herschel 
discovered  that  the  star  which  bears  his  name  was  a  planet, 
he  found  it  as  a  fixed  star  upon  the  catalogue  of  Flamsteed. 
3.  Many  of  Flamsteed's  observations  of  the  moon,  reduced 
as  well  as  was  then  practicable,  were,  at  Newton's  request, 
communicated  to  him,  to  aid  in  perfecting  the  theory 
deduced  from  the  principle  of  universal  gravitation.  "  The 
time,"  as  has  been  well  observed  by  the  present  astronomer 
royal,  the  Reverend  George  Biddell  Airy,  "the  time  at 
which  these  observations  were  made,  was  a  most  critical 
one — when  the  most  accurate  observations  that  had  been 
made  were  needed  for  the  support  of  the  most  extensive 
philosophical  theory  that  man  had  invented." 

Since  the  death  of  Flamsteed,  the  office  of  astronomer 
royal  has  been  successively  filled  by  Doctor  Halley,  who 
has  given  his  name  to  the  most  splendid  comet  of  the  solar 
system,  by  computing  its  orbit  and  predicting  its  return 
after  a  period  of  about  75  }7ears,  already  twice  verified ; 
then  by  Bradley,  immortalized  by  the  two  discoveries  of 
the  aberration  of  light,  and  the  nutation  of  the  earth's  axis  ; 
by  Bliss,  Maskelyne,  and  Pond ;  the  present  successor  of 
whom  is  Mr.  Airy — like  all  his  predecessors,  among  the 
most  eminent  astronomers  of  the  age.  For  the  space  of 
nearly  two  centuries  this  institution  has  existed,  and  has 
been  the  seat  of  continuous  observations,  scarcely  inter- 
rupted by  the  intervals  between  the  cessation  of  the  labors 
of  one  observator  and  the  commencement  of  those  of  his 
successor ;  an  arrangement  made  by  the  means  of  assist- 
ants, which  has  contributed  to  distinguish  the  system  of 
observations  pursued  at  Greenwich  from  that  followed  at 
every  other  observatory. 

1  From  such  small  beginnings  originated,  and  thus  illus- 
trious has  been  the  career  of  the  royal  observatory  of 
Greenwich.  Originally  attached  to  the  ordnance  depart- 
ment, it  was  in  1816  or  1817  transferred  to  the  department 
of  the  admiralty.  The  estimates  for  the  annual  expense  of 
the  observatory  are  inserted  under  the  "  scientific  branch  " 


220  C'.NuRESSK'XAL    PROCEEDINGS. 

of  the  admiralty  account  in  the  Parliamentary  estim;;     -. 
and  are  voted  annuallv  by  Parliament. 

The  committee  of  the  House  take  the  liberty  of  annexing 
to  this  report  extracts  of  a  communication  from  the  present 
astronomer  royal,  Mr.  Airy,  received  in  the  course  of  the 
last  summer  by  their  chairman,  and  containing  mueh  valua- 
ble information  concerning  the  royal  observatory  at  Green- 
wich, and  relating  to  other  astronomical  observatories  within 
the  British  dominions,  and  under  the  patronage  of  the 
British  Government. 

The  history  of  the  royal  observatory  of  France  would 
present  an  exhibition  not  less  interesting  of  the  benefits 
conferred  upon  mankind  by  the  slightest  notices  bestowed 
by  the  rulers  of  mankind  upon  the  pursuit  of  knowle- 
and  the  names  of  the  four  Cassinis  would  range  in  honor- 
able distinction  by  the  side  of  those  of  Flamsteed.  Ilalley. 
Bradley,  and  Maskelyne. 

Within  the  last  century  the  other  governments  of  Europe 
have  emulated  with  those  of  France  and  England  in  erect- 
ing and  endowing  astronomical  observatories,  the  number 
of  which,  in  that  quarter  of  the  globe,  is  not  less  at  this 
time  than  1:20,  while  throughout  the  whole  range  of  t 
United  States  there  is  not  one. 

In  the  British  islands  alone,  there  are  observatories  at 
the  universities  of  Cambridge  and  Oxford  :  at  Edinburgh 
and  Glasgow,  in  Scotland;  and  at  Dublin  and  Armagh,  in 
Ireland :  all  of  which  receive  SOUK-  patronage  front  the 
Government.  And,  in  addition  to  which,  there  has  been 
erected,  under  the  same  patronage,  an  observatory  at  the 
Cape  of  Good  Hope,  already  made  illustrious  by  the  labors 
of  Sir  John  Herschcl. 

^Amongthe  munificent  patrons  of  science,  and  particularly 
of  practical  astronomy,  adding  a  brighter  lustre  than  that 
of  the  diamond  or  the  ruby  to  the  imperial  crown,  is  the 
present  Emperor  of  all  the  Kussias.  There  was.  during  the 
reign  of  his  predecessor,  a  small  observatory  at  St.  Peters- 
burg, at  which  the  eminent  German  astronomer,  Schubert, 
author  of  a  profoundly  learned  and  also  of  the  best  popular 
>y>tem  of  astronomy  extant,  presided. 

But  no  longer  since  than  the  7th  of  August  last,  the  in- 
auguration took  place  of  the  new  observatory  of  Pulkowa. 
near  St.  Petersburg  ;  a  spot  selected  by  the  Emperor  Nicho- 
las himself,  for  the  establishment  founded  under  his  aus- 
. pices,  and  constituting,  perhaps,  the  most  perfect  and  best 
appointed  institution  of  this  nature  extant  in  the  world.  In 
N  member  last,  an  account  of  this  event,  and  a  Ions  and 


TWENTY-SIXTH   CONGRESS,   1839-41.  221 

detailed  description  of  the  observatory  itself,  was  commu- 
nicated by  Mr.  Arago  to  tbe  National  Institute  of  France ; 
and  the  reporter  of  this  discourse  of  Mr.  Arago,  in  one  of 
the  periodical  journals  of  Paris,  observes  that  its  details 
would  be  read  with  interest,  and  give  an  idea  of  the  exer- 
tions made  in  that  land  of  serfs  for  the  progress  of  the 
sciences.  We  acknowledge,  adds  the  journalist,  that  the 
reading  of  this  article  would  have  been  very  little  flattering 
to  our  national  self-love,  if  the  Honorable  Mr.  Arago  had 
not  immediately  informed  us  that,  by  the  accomplished 
labors  of  Mr.  Gambay,  the  observatory  of  Paris  has  no 
reason  to  shrink  from  a  comparison  with  this  new  model  of 
observatories  at  Pulkowa. 

The  committee  of  the  House  cannot  but  consider  these 
circumstances  as  indicating,  in  an  eminent  degree,  that 
intense  and  ardent  thirst  for  the  increase  and  diffusion  of 
knowledge  which,  among  all  the  nations  of  Christendom, 
however  politically  governed,  forms  one  of  the  most  re- 
markable characteristics  of  the  age  in  which  we  live.  Here 
is  the  sovereign  of  the  mightiest  empire  and  the  most  abso- 
lute government  upon  earth,  ruling  over  a  land  of  serfs, 
gathering  a  radiance  of  glory  around  his  throne  by  found- 
ing and  endowing  the  most  costly  and  most  complete  estab- 
lishment for  astronomical  observation  on  the  face  of  the 
earth.  This  is  undertaken  and  accomplished  under  hyper- 
borean skies — in  the  region  so  proximate  to  the  pole,  that 
it  offers  to  the  inspection  of  the  human  eye  only  a  scanty 
portion  of  the  northern  hemisphere,  with  an  atmosphere  so 
chilled  with  cold,  veiled  with  clouds,  and  obscured  with 
vapors,  that  it  yields  scarcely  sixtj7  days  in  the  year  when 
observation  of  the  heavenly  bodies  is  practicable.  And 
this  event  is  honorably  noticed  in  the  National  Institute  of 
France,  one  of  the  most  learned  and  talented  assemblies  of 
men  upon  the  globe — noticed  as  an  occurrence  in  the 
annals  of  science — noticed  for  honor  and  for  emulation. 
The  journalist  of  a  free  country,  applauding  the  exertions 
of  a  land  of  serfs  to  promote  the  progress  of  science,  avows 
that  he  should  blush  for  his  own  country,  had  he  not. at 
hand  the  evidence  of  her  exertions  not  less  strenuous  for 
the  advancement  of  the  same  cause. 

The  committee  of  the  House,  in  applying  to  their  own 
country  that  sensibility  to  the  national  honor  which  the 
French  journalist  attributes  to  self-love,  would  gladly  seek 
for  its  gratification  in  the  same  assurance  that  she  is  not 
lagging  behind  in  the  race  of  honor ;  but  that,  in  casting 
their  eyes  around  over  the  whole  length  and  breadth  of 


222  CONGRESSIONAL    PROCEEDINGS. 

their  native  land,  they  must  blush  to  acknowledge  that  not 
a  single  edifice  deserving  the  name  of  an  astronomical 
observatory  is  to  be  seen. 

The  bill  reported  by  the  committee  of  this  House,  at  the 
last  session  of  Congress,  bears  testimony  to  their  earnest 
desire  that  this  reproach  might  be  removed  from  the  people 
of  the  North  American  Union,  That  bill  was  unaccompa- 
nied with  a  report,  because  other  views  for  the  disposal  of 
the  fund  bequeathed  to  the  United  States  by  Mr.  Smithson 
had  been  entertained  by  the  chairman  of  the  joint  commit- 
tee on  the  part  of  the  Senate,  in  which  views  his  colleagues 
of  the  same  committee  acquiesced.  As  a  compromise  of 
irreconcilable  opinions,  it  became  necessary,  therefore,  to 
agree  that  the  two  bills  should  be  reported  together  to  both 
Houses;  and  as  it  was  obvious  that  the  remnant  of  time  to 
the  close  of  that  session  would  be  so  absorbed  by  other  and 
indispensable  business  that  it  would  be  impossible  (K'liber- 
atel}7  to  discuss  either  of  the  bills  in  the  House-,  and  to 
avoid,  in  deference  to  the  committee  on  the  part  of  the 
Senate,  and  to  their  chairman,  any  unnecessary  display  of 
argument  against  their  bill,  it  was  reported  by  the  commit- 
tee of  the  House,  together  with  their  own  bill,  without 
commentary  upon  either.  The  object  of  the  chairman  of 
the  committee  on  the  part  of  the  Senate,  for  the  disposal  of 
the  Smithsonian  fund,  was  the  establishment  of  an  institu- 
tion of  learning,  or  great  national  university,  by  the  authority 
of  Congress,  which  would  not  only  absorb  the  whole 
bequest,  but  would  require  the  superaddition  of  large  and 
frequent  appropriations  of  public  moneys  for  its  mainten- 
ance and  support.  The  bill  of  that  committee,  reported  to 
the  Senate,  was  actually  taken  up  in  that  body,  and,  after 
deliberate  discussion  of  its  merits,  was  by  them  rejected. 
The  immediate  consequence  of  the  interposition  of  that- 
body  upon  a  subject  which  had  been  already  several  weeks 
under  the  consideration  of  a  select  committee  of  this 
House,  was  to  prevent  the  possible  action  of  Congress  for 
the  fulfillment,  at  that  session,  of  the  trust  committed  to 
them. 

Four  members  of  the  committee  of  the  House,  at  the 
last  session  of  Congress,  are  also  members  of  the  present 
committee.  Retaining  their  opinions  in  favor  of  the  bill 
then  reported  by  the  committee  on  the  part  of  the  House, 
they  see  no  cause  to  regret  the  delay  to  the  final  action  of 
Congress  upon  the  disposal  of  the  bequest,  occasioned  by 
the  appointment  and  proceedings  of  the  joint  committee  of 
both  Houses  at  the  last  session.  To  the  faithful  perform- 


TWENTY-SIXTH    CONGRESS,    1839-41.  223 

an ce  by  Congress  of  the  solemn  duties  imposed  on  them  by 
the  acceptance  of  this  fund  and  trust  to  the  honor  and 
pledged  faith  of  the  nation,  it  was  wise  and  just  to  do  noth- 
ing with  precipitation.  The  routine  of  the  ordinary  busi- 
ness of  Congress  furnished  neither  principle  nor  precedent 
for  efficient  legislation  upon  this  subject:  the  trust  was  as 
delicate  as  it  was  important  to  the  niemor}7  of  the  testator, 
and  honorable  to  the  good  name  of  the  trustee.  An  error 
in  the  first  organization  of  the  institution  might,  in  its  eon- 
sequences,  at  once  defeat  the  noble  purpose  of  the  founder, 
fail  in  the  express  object  of  his  bounty — the  increase  and 
diffusion  of  knowledge  among  men;  arid  react,  most  inju- 
riously, upon  the  reputation  of  our  beloved  country,  by 
demonstrating  to  the  world  of  mankind,  of  this  and  after 
ages,  that  the  generous  confidence  of  this  friend  of  man  in 
her  upright  and  intelligent  ardor  in  the  pursuit  of  knowl- 
edge was  misplaced. 

It  was  in  the  true  spirit  of  the  bequest  itself  that  the  set- 
tlement of  the  principles  upon  which  the  institution  should 
be  founded  should  be  calm  and  considerate,  and,  above  all, 
disinterested:  separated  from  all  projects  of  individuals,  and, 
perhaps,  communities,  for  provisions  of  emolument  to 
themselves :  separated  from  all  speculative  patent  inven- 
tions and  discoveries  in  embryo,  which,  after  wasting  time 
and  money  upon  the  false  conceptions  of  genius,  may  never 
come  to  the  birth :  separate,  in  fine,  from  all  schools,  col- 
leges, universities,  institutes  of  education,  or  ecclesiastical 
establishments. 

It  was  particularly  desirable  that  the  exclusion  of  all  in- 
stitutes for  education  from  a  participation  in  the  disposal  of 
these  funds  should  be  fully  considered  and  debated  before 
its  adoption  as  a  fundamental  principle  of  the  Smithsonian 
Institution,  because  the  first  impression  upon  the  public 
mind,  whether  learned  or  illiterate,  in  this  country,  very 
-extensively,  was,  upon  the  first  publication  of  Mr.  Smith- 
son's  will,  that  the  express  design  of  his  bequest  was  to 
bestow  his  large  fortune  to  the  cause  of  education;  and 
that  a  school,  'college,  or  university,  was  the  only  mode  of 
providing  'for  the  increase  and  diffusion  of  knowledge 
.among  men. 

It  is,  then,  to  be  considered  as  a  circumstance  propitious 
to  the  final  disposal  of  this  fund,  by  the  organization  of  an 
institution  the  best  adapted  to  accomplish  the  design  of  the 
testator,  that  this  first  but  erroneous  impression  of  that  de- 
sign— an  institute  of  learning,  a  university,  upon  the  foun- 
dation of  which  the  whole  fund  should  be  lavished,  and  yet 


224  CONGRESSIONAL    PROCEEDINGS. 

prove  inadequate  to  its  purpose  without  large-  appropria- 
tions of  public  moneys  in  its  aid — should  have  been  pre- 
sented to  the  consideration  of  Congress,  referred  to  a. 
numerous  joint  committee  of  both  Houses,  there  discussed,, 
reported  for  the  deliberation  of  both  Houses,  fully  debated 
in  the  House  where  it  originated,  and  there  decisively  re- 
jected. 

This  committee  concur  entirely  in  the  opinion  of  the 
committee  of  the  House  at  the  last  session  of  Congress,, 
that  the  express  language  of  Mr.  Smithson's  will  indicates 
a  design  not  only  distinct,  but  widely  different,  from  the 
schooling  of  children.  Besides  the  reasons  assigned  in  the 
resolutions  of  the  former  committee  for  withholding  any 
portion  of  these  funds  from  any  institute  of  education,  it  is- 
apparent  that  the  fund  itself,  large  and  liberal  as  it  is,  could 
be  applied  only  to  an  establishment  extremely  partial  and 
limited,  not  only  with  regard  to  the  instruction  to  be  given, 
but  to  the  persons  who  could  be  benefited  by  it.  For  a 
national  university,  besides  the  utter  inadequatencss  of  tin- 
fund  for  such  an  establishment,  all  its  benefits  would  neces- 
sarily be  confined  to  a  very  small  number  of  students  from 
the  city  of  Washington  and  its  immediate  vicinity,  together 
with  a  number,  scarcely  larger,  who,  at  an  expense  which 
none  but  the  wealthy  could  afford,  might  resort  from  dis- 
tant parts  of  the  Union  to  Washington,  for  learning,  which, 
after  all,  they  could  acquire  with  equal  proficiency  in  the 
colleges  of  their  own  respective  States.  A  school  devoted 
to  any  particular  branch  of  science — as,  for  example,  a  mil- 
itary or  naval  school;  a  farm  school,  or  school  of  mechanic 
arts;  a  school  of  law,  physic,  or  divinity;  a  school  of 
mines,  of  natural  history,  of  metaphysics,  literature,  morals, 
or  politics — however  effective  for  teaching  these  several 
branches  of  science,  would  be  available  only  for  a  very 
,  small  number  of  individuals,  and  very  ill  adapted  to  pro- 
mote the  increase  and  diffusion  of  knowledge  among  men. 
If  education^  had  been  the  peculiar  object  of  Mr.  Smithson's 
solicitude,  it  is  natural  to  suppose  that  he  would  have  been 
desirous  of  diffusing  the  benefits  of  his  institution  among 
all  classes  of  the  community  as  extensively  as  might  be 
possible  ;  that  he  would  have  devoted  it  to  the  endowment 
of  primary  schools;  of  infant  or  Sunday  schools;  of  insti- 
tutions, in  fine,  where  the  recipients  of  his  bounty  would 
have  been  at  once  in  great  numbers,  and  of  the  class  of 
society  which  pre-eminently  needs  the  blessing  of  elemen- 
tary instruction.  It  would,  no  doubt,  have  been  an  excel- 
lent disposal  of  his  ample  fortune,  and  would  indirectly 


TWENTY-SIXTH    CONGRESS,    1839-41.  225 

have  contributed  to  the  increase  and  diffusion  of  knowledge 
among  men.  But,  had  this  been  his  design,  he  could 
neither  have  located  his  institution  at  the  city  of  Washing- 
ton, nor  have  selected  for  trustees  and  agents  to  fulfill  his 
design  the  United  States  of  America. 

In  proposing  that  an  astronomical  observatory  should  be 
the  first  object  for  the  application  of  the  annual  income 
from  the  Smithsonian  bequest,  and  that  the  appropriations 
should  be  confined  to  that  object  until  an  establishment  of 
that  character  shall  be  completed,  not  inferior  for  efficiency 
to  any  other  devoted  to  the  same  science  in  any  part  of  the 
world,  this  committee  have  been  not  altogether  uninfluenced 
by  anticipations  of  the  impression  whicb  it  will  make  upon 
the  reputation  of  these  United  States  throughout  the 
learned  and  scientific  world.  As  a  commercial  and  navigat- 
ing nation,  they  stand  already  in  the  first  rank  of  Christian 
communities.  To  the  science  of  geography,  so  far  as  it  can 
be  improved  by  adventurous  enterprise  in  exploring  the  un- 
frequented paths  of  every  ocean,  they  have  contributed 
their  share  of  private  and  individual  exertion.  The  expe- 
dition now  floating  upon  a  distant  sea,  in  search  of  new 
discoveries  upon  the  surface  of  the  globe,  affords  a  signal 
testimonial  of  the  interest  taken  by  this  Government  in  the 
increase  and  diffusion  of  geographical  knowledge.  Nor 
has  astronomy  been  wholly  neglected  in  the  instructions 
given  for  the  conduct  of  the  expedition.  But  there  exists 
no  permanent  establishment  throughout  the  Union  for 
systematic  continual  observation  of  the  phenomena  of  the 
heavens ;  for  the  mathematical  calculations  to  furnish  the 
practical  results  of  observation ;  and  for  periodical  publica- 
tion, for  the  benefit  of  the  commercial,  navigating,  and 
scientific  world,  of  the  fruits  of  this  combined  observation 
and  calculation.  To  supply  this  deficiency,  the  bequest  of 
James  Smithson  fortunate!}7  furnishes  the  means,  without 
needing  the  assistance  of  any  contribution  from  the  public 
funds  of  the  nation.  Should  the  Government  of  the  Union, 
responding  to  an  impulse  of  emulation  in  laudable  pursuits 
which  may  be  kindled  in  the  minds  of  this  ambitious  peo- 
ple, by  successful  results  in  the  application  of  the  Smith- 
sonian funds,  hereafter  be  disposed  to  appropriate  some 
portion  of  the  moneys  levied  upon  the  people  themselves 
to  the  advancement  of  astronomical  or  geographical  knowl- 
edge, there  will  be  ample  field  for  demonstrating  to  the 
world  that  the  United  States  of  America  were  not  only 
worthy  of  the  honor  done  them  by  a  generous  foreigner,  in 
selecting  them  as  the  administrators  of  his  bequest  for  the 

15 


226  CONGRESSIONAL    PROCEEDINGS. 

improvement  of  the  condition  of  man,  but  that  the  Ameri- 
can people  themselves  will  require  a  liberal  application  of 
their  own  revenues,  levied  upon  themselves,  to  the  same 
lofty-spirited  purpose.  The  committee  are  of  opinion  that 
it  will  be  expedient  to  keep  the  Smithsonian  bequest  within 
itself,  resting  upon  its  own  resources,  and  reserving  to  the 
memory  of  the  founder  himself  whatever  of  credit  or  of 

fratitude  may  be  due  to  the  successful  accomplishment  of 
is  benevolent  design.     Not  a  ray  of  glory  can  be  concen- 
trated upon  him,  but  will  be  reflected  back  upon   those 
whom  he  selected  as  his  administrators  and  trustees. 

With  these  observations,  the  committee  submit  the  bill 
and  proposed  amendments  to  the  consideration  of  the 
House. 

A  BILL  to  provide  for  the  disposal  and  management  of  the  fund  be- 
queathed by  James  Smithson  to  the  United  States,  for  the  establishment 
of  an  institution  for  the  increase  and  diffusion  of  knowledge  among  im>n. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representative*  <>f  the 
United  States  of  America  in  Congress  assembled,  That  the  Vice -President  of 
the  United  States,  the  Chief  Justice  of  the  United  States,  the  Secretaries  of 
State,  of  the  Treasury,  of  War,  and  of  the  Navy,  the  Attorney  General  of 
the  United  States,  and  the  Mayor  of  the  city  of  Washington,  all  during 
the  time  when  they  shall  hold  their  respective  offices,  together  with  three 
members  of  the  Senate  and  four  members  of  the  House  of  Representatives, 
to  be  annually  elected  by  their  respective  Houses  on  the  second  Wednesday 
of  December,  and  to  continue  in  office  until  others  are  elected  in  their 
stead,  shall  be,  and  hereby  are,  constituted  a  body  politic  and  corporate,  by 
the  style  and  title  of  the  trustees  of  the  Smithsonian  Institution  for  the  in- 
crease and  diffusion  of  knowledge  among  men,  with  perpetual  succession, 
and  the  usual  powers,  duties,  and  liabilities,  incident  to  corporations. 

SEC.  2.  And  be  it  further  enacted,  That  the  corporation  so  constituted 
shall  have  power  to  appoint,  from  citizens  of  the  United  States  other  than 
members  of  the  board,  a  secretary  and  a  treasurer,  to  hold  their  offices 
during  the  pleasure  of  the  board,  and  removable  at  their  pleasure,  and 
others  to  be  appointed  in  their  places,  and  to  fix  their  compensations.  And 
the  secretary  and  treasurer  only  shall  receive  pecuniary  compensation  for 
their  services,  and  those  of  the  members  of  the  board  of  trustees  shall  be 
gratuitous.  And  the  offices  of  secretary  and  treasurer  may,  at  the  discre- 
tion of  the  board  of  trustees,  be  held  by  the  same  person.  The  secretary 
and  treasurer  shall  be  sworn  to  the  faithful  discharge  of  the  duties  of  their 
respective  offices  ;  and  the  treasurer  shall  give  bond,  with  the  penalty  of 
fifty  thousand  dollars,  with  sureties  to  the  satisfaction  of  the  Secretary  of 
the  Treasury,  for  the  safe  custody  and  faithful  application  of  all  the  funds 
of  the  Institution  which  may  come  to  his  hands  or  be  at  his  disposal. 

SEC.  3.  And  be  it  further  enacted,  That  the  sum  of  five  hundred  and 
eight  thousand  three  hundred  and  eighteen  dollars  and  forty-six  cents, 
placed  in  the  Treasury  of  the  United  States  on  the  first  day  of  September, 
eighteen  hundred  and  thirty-eight,  as  the  proceeds,  in  part,  of  the  bequest 
of  James  Smithson  to  the  United  States,  together  with  all  sums  which  have 
been  or  may  hereafter  be  realized,  shall  be  passed  hereafter  to  the  credit  of 
$i  fund,  to  be  denominated  the  Smithsonian  fund,  in  the  Treasury  of  the 
United  States.  And  the  faith  of  the  United  States  is  hereby  pledged  for 
the  preservation  of  the  said  fund  undiminished  and  unimpaired,  to  bear  in- 
terest at  the  rate  of  six  per  cent,  a  year,  payable  on  the  first  days  of  Janu- 


TWENTY-SIXTH    CONGRESS,    1839-41.  227 

ary  and  July,  to  the  treasurer  of  the  board  of  trustees  of  the  Smithsonian 
fund,  to  be  applied  to  the  purposes  of  the  fund,  conformably  to  the  laws, 
and  subject  to  the  revision  and  regulations  of  the  board  of  trustees. 

SEC.  4.  And  be  it  further  enacted,  That  no  part  of  the  said  Smithsonian 
fund,  principal  or  interest,  shall  be  applied  to  any  school,  college,  univer- 
sity, institute  of  education,  or  ecclesiastical  establishment. 

SEC.  5.  And  be  it  further  enacted,  That  the  appropriations  to  be  made 
from  time  to  time  by  Congress,  to  the  purposes  of  the  Smithsonian  Institu- 
tion, as  declared  by  the  testator,  shall  be  exclusively  from  the  accruing 
interest,  and  not  from  the  principal,  of  the  said  fund  :  Provided,  That  Con- 
gress shall  retain  the  power  of  investing,  at  their  discretion,  the  principal 
of  said  fund  in  any  other  manner,  so  as  to  secure  not  less  than  a  yearly 
interest  of  six  per  cent. 

SEC.  6.  And  be  it  further  enacted,  That  the  sum  of  thirty  thousand  dol- 
lars, part  of  the  first  year's  interest  accruing  on  the  same  Smithsonian  fund, 
be,  and  the  same  is  hereby,  appropriated  towards  the  erection  and  establish- 
ment, at  the  city  of  Washington,  of  an  astronomical  observatory,  adapted 
to  the  most  effective  and  continual  observations  of  the  phenomena  of  the 
heavens  ;  to  be  provided  with  the  necessary,  best,  and  most  perfect  instru- 
ments and  books,  for  the  periodical  publication  of  the  said  observations, 
and  for  the  annual  composition  and  publication  of  a  nautical  almanac. 

SEC.  7.  And  be  it  further  enacted,  That  the  said  observatory  shall  be 
erected  under  the  direction  of  the  Secretary  of  the  Treasury,  subject  to  the 
approbation  of  the  President  of  the  United  States.  And  the  site  for  the 
same  shall  be  selected  upon  land,  in  the  city  of  Washington,  belonging  to 
the  United  States  ;  and  the  land  necessary  for  the  same,  and  for  any  other 
buildings  proper  to  be  connected  with  the  said  observatory  and  the  appur- 
tenances thereof,  is  hereby  granted,  and  shall  be  duly  conveyed,  as  a  deed 
of  gift,  to  the  trustees  of  the  Smithsonian  fund,  and  to  their  successors  for- 
ever, in  aid  of  the  purposes  of  the  said  Institution. 

SEC.  8.  And  be  it  further  enacted,  That  all  expenditures  made  by  the  said 
board  shall  be  subject  to  the  approval  of  the  President  of  the  United  States  ; 
and  all  the  accounts  thereof  shall  be  reported  to  the  Secretary  of  the  Treas- 
ury, and  audited,  under  his  direction,  by  the  proper  officers  of  the  Treasury 
Department ;  and  the  said  board  shall  report  to  Congress,  at  every  session 
thereof,  the  state  of  the  Smithsonian  fund,  and  a  full  statement  of  their 
receipts  and  expenditures  during  the  preceding  year. 

SEC.  9.  And  be  it  further  enacted,  That  the  first  meeting  of  the  trustees 
of  the  Smithsonian  fund  shall  be  held  at  the  city  of  Washington  on  the  third 

of next ;    and  that,  in  the  mean  time,  the  custody  of  the  said 

fund,  and  the  expenditures  under  the  appropriation  herein  made,  shall  be 
held  and  authorized  by  the  Secretary  of  the  Treasury,  subject  to  the  appro- 
bation of  the  President  of  the  United  States. 

SEC.  10.  And  be  it  further  enacted,  That  there  shall  be  a  board  of  visitors, 
to  be  annually  appointed,  consisting  of  nine  members  ;  two  of  whom  to  be 
commissioned  officers  of  the  army,  to  be  appointed  by  the  Secretary  of 
War  ;  two  commissioned  officers  of  the  navy,  to  be  appointed  by  the  Sec- 
retary of  the  Navy ;  the  mayors  for  the  time  being  of  the  cities  of  Alex- 
andria and  of  Georgetown,  within  the  District  of  Columbia;  and  one  citi- 
zen of  each  of  the  cities  of  Washington,  and  Alexandria,  and  Georgetown, 
to  be  appointed  by  the  President  of  the  United  States  ;  who  shall  meet  on 
the  first  Monday  of  February,  at  eleven  o'clock,  before  noon,  at  the  said 
astronomical  observatory,  and  visit  and  inspect  the  condition  of  the  said 
observatory,  and  of  the  Smithsonian  Institution  generally.  They  shall 
choose  among  themselves  a  chairman,  and  shall  make  report  to  the  Presi- 
dent of  the  United  States  of  the  said  condition  of  the  institution ;  specifi- 
cally indicating  in  what  respect  the  institution  has,  during  the  preceding 
year,  contributed  to  the  purpose  of  the  founder — the  increase  and  diffusion 
of  knowledge  among  men.  To  this  board  the  astronomical  observator  shall 
make  a  report  to  the  same  effect,  so  far  as  regards  the  astronomical  branch 


228  CONGRESSIONAL  PROCEEDINGS. 

of  the  institution  ;  which  report  shall  be  annexed  to  that  of  the  board  to 
the  President  of  the  United  States,  who  shall  communicate  the  said  reports 
to  Congress.  The  services  of  the  members  of  the  said  board  shall  be  gra- 
tuitous ;  but  the  expenses  incidental  to  their  meeting  and  the  performance 
of  their  duties  shall  be  included  in  the  annual  estimates  of  the  War  and 
Navy  Departments,  alternately,  and  paid  from  the  contingent  expenses 
thereof  respectively. 

SEC.  11.  And  be  it  further  enacted,  That  there  is  reserved  to  Congress 
the  right  of  altering,  amending,  adding  to,  or  repealing,  any  of  the  provi- 
sions of  this  act,  which  shall  be  found  inconvenient  upon  experience :  Pro- 
vided, That  no  contract  or  individual  right,  made  or  acquired  under  such 
provisions,  shall  thereby  be  impaired  or  divested. 

SEC.  12.  And  be  it  further  enacted,  That  the  sum  of  sixty  thousand  dol- 
lars from  the  second  and  third  years'  interest  of  the  Smithsonian  bequest 
be,  and  the  same  is  hereby,  appropriated,  to  be  invested  so  as  to  yield  a 
yearly  income  at  the  rate  of  six  per  cent,  a  year  ;  from  which  yearly  income 
shall  be  paid  the  compensation  of  an  astronomical  observator,  to  be  ap- 
pointed by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate 
of  the  United  States,  and  the  incidental  and  contingent  expenses  of  repairs 
upon  the  buildings,  as  they  may  be  required. 


APPENDIX. 


Estimate  of  the  expense  of  erecting  an  astronomical  observatory  of  the  first 
class,  and  of  supporting  it  by  appropriations  from  the  income  of  the  Smith- 
sonian fund. 

In  the  letter  of  llth  October,  1888,  to  the  Secretary  of  State,  communi- 
cated to  Congress  with  the  message  of  the  President  of  the  6th  of  Decem- 
ber of  that  year,  a  conjectural  estimate  was  given  of  the  expense  of  estab- 
lishing and  maintaining  a  permanent  astronomical  observatory,  and  of  the 
periodical  publication  of  the  results  of  the  observations  there  made,  and  of 
a  nautical  almanac.  That  estimate  contemplated  the  income  of  seven  years 
of  the  fund  as  indispensably  necessary  for  completing  and  organizing  the 
establishment  in  such  manner  as  to  avoid  all  encroachment  on  the  capital 
of  the  Smithsonian  fund  ;  to  increase  it  by  providing  from  its  income  per- 
manent funds  for  the  discharge  of  the  most  of  constantly  accruing  expend- 
itures incident  to  it ;  and  to  relieve  the  fund  itself  forever  after  from  any 
further  contribution  to  this  branch  of  the  institution. 

Further  reflection,  and  the  information  received  of  the  expenses  actually 
chargeable  upon  the  Greenwich  Observatory,  and  defrayed  by  the  British 
Government,  have  led  to  the  conclusion  that  the  estimate  was  yet  not  suffi- 
ciently li  beral ;  and  that,  for  the  accomplishment  of  the  above  purposes,  not 
less  than  ten  years  of  the  income  will  be  required  exclusively  for  this  ob- 
ject. But,  of  this  large  sum,  an  overbearing  proportion  will,  while  pro- 
viding for  all  the  necessary  expenses  of  the  establishment,  at  the  same  time 
increase  the  capital  of  the  fund  by  the  value  of  the  buildings  erected,  and 
of  the  instruments  and  books  purchased,  and  by  the  amount  of  the  funds, 
from  the  interest  of  which  the  observing  astronomer,  his  assistants,  and  all 
the  persons  to  be  employed  in  the  service  of  the  observatory,  shall  receive 
their  compensation.  The  following  is  a  gross  estimate  of  the  sums  which, 
it  is  believed,  will  be  required  for  the  full  execution  of  the  plan  presented, 
in  the  bill  herewith  reported  : 


TWENTY-SIXTH    CONGRESS,    1839-41. 


229 


Estimate  of  the  appropriations  from  the  annual  income  of  the  Smithsonian 
fund,  assumed  to  be  thirty  thousand  dollars. 

For  the  purchase  of  land,   and   construction    of  the  necessary 

buildings— one  year $30,000 

For  a  fund,  from  the  yearly  income  of  which  the  compensation 

of  the  observing  astronomer  shall  be  paid,  two  years 60,000 

The  interest  of  this  sum  will  be  $3,600  a  year,  of  which 
$3,000  a  year  may  be  fixed  as  the  salary  of  the  astronomer, 
and  $600  for  the  incidental  and  contingent  expenses  of  re- 
pairs upon  the  buildings,  as  they  may  be  required. 
For  a  fund,  from  the  yearly  income  of  which  four  assistants  to 
the  astronomer,  and  two  laborers  necessary  for  attendance  on 
him,  for  the  care  and  preservation  of  the  buildings — four  years        120,000 

The  income  would  be  $7,200  a  year,  of  which  $6,000  a  year 
might  be  for  the  compensation  of  four  assistants,  at  $1,500 
a  year  each,  and  two  laborers,  each  at  $600  a  year. 

For  the  purchase  and  procurement  of  instruments — one  year 30,000 

Of  this,  $20,000  might  be  applied  to  furnish  an  assortment 
of  the  best  instruments  to  be  procured,  and  $10,000  a  fund, 
from  the  interest  of  which  other  instruments  may  be  from 
time  to  time  procured,  as  occasions  for  the  use  of  them  may 
arise,  and  for  repairs  of  the  instruments,  as  needed. 

For  the  library— one  year 30,000 

$10,000  for  first  supply  ;  $20,000  for  a  fund  for  an  income 
of  $1,200  a  year,  for  a  constant  supply  of  new  works  and 
periodical  publications  upon  science  in  other  parts  of  the 
world,  or  in  America. 

.Estimate  for  a  fund,  from  the  income  of  which  $1,800  a  year 
shall  be  defrayed — the  expense  of  the  yearly  publication  of  the 
observations,  and  of  a  nautical  almanac — one  year 30,000 


John  Q.  Adams  to  Christopher  Hughes. 

WASHINGTON,  April  10,  1839. 

DEAR  SIR  :  I  wish  to  obtain  information  upon  the  following  points  rela- 
ting to  the  royal  observatory  at  Greenwich  : 

1.  By  whom,  and  at  whose  expense,  was  the  royal  observatory  at  Green- 
wich built  ?     At  whose  expense  is  it  maintained  ? 

2.  What  are  the  buildings  connected  with  it,  and  how  much  land  is  there 
around  it  belonging  to  it  ? 

3.  Has  it  at  any  time  been  rebuilt,  or  has  its  construction  been  in  any- 
wise altered  ? 

4.  By  whom  is  the  astronomer  royal  appointed  and  paid  ?     What  is  the 
amount  of  his  compensation  ? 

5.  What  are  his  duties?  and  in  what  manner  are  they  prescribed  ?     Is 
there  a  standing  instruction  to  regulate  his  observations?     Is  he  required 
to  make  reports  ?  and.  if  so,  to  whom  ? 

6.  Are  there  any  other  persons  attached  to  the  observatory  as  assistants, 
calculators,  or  servants  ?     If  so,  what  are  their  duties  and  their  compensa- 
tion ? 

7.  What  are  the  instruments  used  at  the  observatory  ?     By  whom,  and 
at  whose  expense,  are  they  furnished  ?     What  was  their  cost,  and  by  whom 
were  they  made?     A  list  of  them,  with  their  prices,  and  their  maker's 
,name,  would  be  very  acceptable. 


230  CONGRESSIONAL    PROCEEDINGS. 

8.  Is  there  anv  library  belonging  to  the  establishment?     If  so,  consist- 
ing of  what  books  ? 

9.  Who  is  now  the  most  eminent  mathematical  and  astronomical  instru- 
ment maker  in  London  ?     Is  there  any  successor  to  Troughton  ? 

If  you  can  obtain  me  any  information  of  the  same,  or  similar  particulars 
with  regard  to  any  of  the  public  observatories  in  any  part  of  the  continent 
of  Europe,  I  shall  owe  you  another  obligation  for  the  communication  of 
them. 

I  am,  my  dear  sir,  with  the  highest  esteem  and  respect,  your  friend  and 
servant, 

JOHN  Q.  ADAMS. 

CHRISTOPHER  HUGHES,  Esq. 


Answers  by  the  Astronomer  Royal,  the  Rev.  George  B.  Airy,  to  Mr.  Adams' 
questions,  dated  lOl/i  April,  1839. 

1.  The  royal  observatory  at  Greenwich  was  built,  at  the  expense  of  the 
Government,  in  the  reign  of  Charles  II,  (about  1670,)  and  the  buildings 
have  always  been  repaired  or  extended  at  the  expense  of  the  Government. 
The  instruments  used  by  Flamsteed,  the  first  astronomer  royal,  were  not 
furnished  by  the  Government,  and  were  taken  away  by  his  executors. 
Since  that  time,  the  instruments  have  always  been  furnished  by  the  Gov- 
ernment, except  in  two  instances  where  instruments  have  be.-n  presented. 
The  observations  are  now  printed  at  the  expense  of  the  Government. 
Thus  every  expense  connected  with  the  observatory  is  defrayed  by  the 
Government.  The  observatory  was  at  first  connected  with  the  ordnance 
department  of  the  executive,  (I  believe  from  the  accidental  circumstance 
that  Sir  Jonas  Moor,  the  personal  friend  of  Flamsteed,  and  one  of  the 
original  proposers  of  the  observatory,  was  then  master-general  of  the  ord- 
nance.) In  the  year  1816  or  1817  it  was  transferred  to  the  admiralty  de- 
partment. The  estimates  for  the  annual  expense  of  the  observatory  are 
inserted  under  the  "scientific  branch"  of  tho  admiralty  account  in  the 
Parliamentary,  estimates,  and  are  voted  annually  by  Parliament. 

In  the  original  institution  of  the  observatory,  no  provision  wag  made  for 
the  printing  of  the  observations,  or  for  the  communication  of  the  results  to 
the  public  in  any  way,  and  no  obligation  to  that  effect  was  imposed  on  the 
astronomer  royal.  When  Flamsteed  had  held  the  office  about  thirty  years, 
and  had  published  nothing,  the  Royal  Society  applied  to  the  Queen  to  ap- 
point a  board  of  visitors  (one  of  them  being  Sir  Isaac  Newton,  the  Presi- 
dent of  the  Royal  Society)  to  superintend  the  observatory  generally,  and 
with  power  to  require  a  publication  of  the  observations.  (For  a  full  detail 
of  the  quarrel  which  followed,  I  would  refer  to  Baily's  Account  of  the  Life 
^-c.,  of 'John  Fiamsteed,  which  may  probably  be  found  in  the  libraries  of 
the  scientific  bodies  in  America.)  An  edition  of  the  observations  was 
printed  by  them  ;  but  another  edition  was  afterwards  printed  by  Flamsteed 
himself.  Halle,y,  the  next  astronomer  royal,  printed  nothing  of  observa- 
tions. Bradley  and  Bliss  left  manuscripts  ;  but  the  right  of  the  Govern- 
ment to  them  was  disputed,  and  thev  were  ultimately  printed  by  the  Uni- 
versity of  Oxford.  It  was  not  till  1767,  on  Maskelyne's  accession,  that  the 
King,  (George  III,)  on  the  petition  of  the  Royal  Society,  ordered  that  the 
observations  should  be  printed  annually  ;  and  since  that  time  there  has 
been  no  doubt  that  the  observations  are  the  property  of  the  Government, 
and  are  to  be  printed  annually. 

The  board  of  visitors  above  alluded  to  existed  without  alteration  (as  I 
believe)  till  1830 ;  and  it  was  by  that  board  (as  I  imagine)  that  representa- 
tions were  made  to  the  Government  which  led  to  the  purchase  of  instru- 
ments in  Halley's  time,  to  the  regular  printing  of  the  observations  in  Mas- 
kelyne's time,  &c.  The  president  and  council  of  the  Royal  Society,  (or 


TWENTY-SIXTH    CONGRESS,    1839-41.  231 

part  of  them,)  with  a  number  of  persons  invited  by  them,  either  fellows  of 
the  society  or  strangers,  met  once  a  year  at  the  royal  observatory,  inspected 
the  instruments,  and  discussed  the  general  business  of  the  observatory. 
They  had,  I  believe,  no  power,  except  to  recommend  measures  to  the  ex- 
ecutive. The  meeting  was  rather  numerous  In  1830  the  old  board  was 
abolished,  and  a  new  one  appointed,  by  name,  from  the  Royal  and  Astro- 
nomical Societies.*  Vacancies  are  filled  up  by  the  president  of  that  society 
in  which  the  vacancies  occur.  This  board  has  no  power  to  invite  asses- 
sors ;  its  powers,  as  to  making  representations,  &c.,  are  the  same  as  those 
of  the  old  board.  On  the  first  appointment  of  the  new  board,  there  was 
exhibited  in  it  a  rather  vexatious  spirit  towards  the  then  astronomer  royal, 
(Mr.  Pond.)  Since  my  appointment  as  astronomer  royal,  the  board  has 
scarcely  interfered  in  any  thing,  except  in  matters  which  I  have  myself 
suggested. 

The  visitors  receive  no  pay.  Lately  it  has  been  ordered  that  their  bare 
expenses  be  paid. 

I  have  given  a  rather  comprehensive  answer  to  No.  1,  touching  upon  the 
subjects  of  other  questions,  and  embracing  points  not  at  all  alluded  to  in 
the  questions,  because,  probably,  there  is  no  other  active  institution  whose 
history  serves  so  well  to  suggest  the  points  to  which  attention  ought  to  be 
given  in  founding  a  new  institution  of  similar  character,  as  well  as  the 
amount  of  the  charges  which,  in  future  years,  may  be  required  in  all  the 
branches  of  the  institution. 

1  omitted  to  mention  that  the  astronomer  royal's  account  of  disburse- 
ments, and  bills  for  expenses  of  all  kinds  connected  with  the  observatory, 
were  formerly  audited  by  tho  board  of  visitors.  This  audit  was  found  to 
be  insufficient ;  and  the  accounts  are  now  transmitted,  in  the  same  way  as 
those  of  any  other  department  under  the  admiralty,  to  the  Government 
offices. 

2.  For  a  plan  of  the  building  first  erected,  I  refer  again  to  Baily's  Ac- 
count, $c.,  cited  above.  There  were  a  small  house,  one  large  room  above 
it,  covering  nearly  the  whole  house,  with  lofty  windows  on  all  sides,  in- 
tended, I  suppose,  for  gazing  astronomical  observations,  (but  quite  useless 
for  the  purposes  of  modern  astronomy,)  a  garden  or  lawn  about  80  feet 
square,  and  a  small  low  building  in  one  corner  of  it,  in  which  Flamsteed's 
really  useful  instruments  were  placed.  The  place  was  very  small.  The 
situation,  in  the  middle  of  the  royal  park  of  Greenwich,  has  "probably  pre- 
vented the  necessity  for  enclosure  so  large  as  would  elsewhere  be  required, 
inasmuch  as  it  was  impossible  that  houses  could  be  built  close  to  the  en- 
closure. The  history  in  Halley's  time  is  so  defective,  that  I  am  not  certain 
whether  the  building,  which  is  to  this  time  the  principal  observing  build, 
ing,  was  erected  then  or  not,  but  I  should  think  that  it  was  ;  it  was  cer- 
tainly erected  before  1750,  when  Bradley's  regular  observations  begin.  It 
consists  of  a  room  about  20  feet  square  for  the  transit,  and  a  similar  room 
for  the  quadrants,  (both  on  the  ground  floor,  and  with  no  rooms  above 
them,)  and  a  central  computing  room,  with  room  for  an  assistant  above. 
It  is  not  connected  with  the  dwelling  house.  When  this  was  erected,  the 
enclosure  was  nearly  doubled.  In  Dr.  Maskelyne's  time,  two  small  de- 
tached rooms  were  covered  with  revolving  domes,  for  equatorial  instru- 
ments ;  their  situation  is  particularly  unfavorable.  In  the  beginning  of 
Dr.  Maskelyne's  time,  the  dwelling  house  was  extended.  About  the  end 
of  Dr.  Maskelyne's  time,  the  observing  building  was  extended,  in  prepa- 
ration for  a  mural  circle,  which  was  not  erected  till  after  his  death,  and 
some  new  buildings  were  erected  for  library,  &c.,  and  for  assistant's  apart- 
ments ;  a  building  was  erected,  to  be  covered  with  a  revolving  dome,  (called 


*  With  a  few  official  persons,  as  the  presidents  of  the  two  societies,  two  profes- 
sors of  the  University  of  Oxford,  and  two  professors  of  the  University  of  Cam- 
bridge, ex  ojft.ci»;  the  whole  number  of  the  visitors  being  about  nineteen.  This 
fluctuates,  because  all  ex-presidents  are  members  of  the  board. 


232  CONGRESSIONAL    PROCEEDINGS. 

the  south  dome;)  an  addition  was  made  to  the  enclosure.  The  whole  en- 
closure was  now  about  half  an  acre  ;  it  covered  the  whole  of  the  small 
steep  hill  on  which  the  observatory  stands,  quite  to  the  isthmus  or  neck 
that  connects  it  with  the  table  land  of  the  higher  side  of  the  park.  About 
1817  part  of  the  steep  dell  behind  the  hill  was  enclosed  as  a  garden  for 
the  astronomer  royal.  In  1837,  part  of  the  table  land  beyond  the  dell  was 
enclosed,  for  the  erection  of  a  magnetic  observatory.  The  dwelling  house, 
which  was  too  small,  was  enlarged  in  1836.  Thus  the  present  state  of  the 
buildings  and  grounds  (1839)  is  nearly  as  follows:  Whole  enclosure  about 
21  acres,  of  which  1  acre,  or  more,  can  never  be  available  for  buildings,  on 
account  of  the  steepness  of  the  ground,  and  is  used  as  a  garden  and  waste 
ground.  Whole  set  of  buildings:  1.  Dwelling  house  of  the  astronomer 
royal,  with  the  great  room  above  part  it;  2.  Two  domes,  (east  and  \vt--t 
domes,)  detached  ;  3.  Detached  range  of  buildings,  including  Flamsteed's 
small  room,  the  quadrant  room,  (not  used  now,)  the  transit  room,  the  circle 
room,  the  library,  the  chronometer  room,  the  south  dome,  the  computing 
room,  some  assistants'  apartments,  (not  for  their  dwelling,  but  for  their 
comfort  or  repose  in  the  intervals  of  observation ;)  4.  Magnetic  observa- 
tory, detached  ;  5.  Carpenter's  shop,  gardener's  shop,  and  other  out-hou-* >.-. 
The  extent  of  ground  would  not  be  sufficient,  if  there  were  not  the  safety 
from  being  surrounded  by  buildings,  which  is  given  by  the  locality  within 
a  royal  park. 

3.  The  construction  of  the  observatory  has  been  altered  almost  entirely, 
by  additions  ;  nearly  the  whole  of  the  original  work  remains.     The  collec- 
tion of  buildings  is  now  exceedingly  irregular,  and  in  some  respects  incon- 
venient. 

4.  The  astronomer  royal  is  appointed  by  the  First  Lord  of  the  Treasury  ; 
but  his  connection  with  the  admiralty  is  so  close,  that  the  First  Lord  of  the 
Admiralty  probably  has  the  principal  influence  in  his  appointment.     He 
holds  his  office  by  warrant,  under  the  sign  manual  of  the  sovereign.     The 
salary  was  formerly  £100.     Bradley  and   Bliss  both  held  it  with  professor- 
ships at  Oxford  ;  but  the  salary  has  gradually  been  raised,  and  is  now  £800, 
(subject  to  a  deduction  for  a  fund  for  superannuation,)  and  it  is  expected 
that  the  astronomer  royal  shall  hold  no  other  office. 

5.  The  duties  of  the  astronomer  royal  are  not  very  definite  ;  but,  un- 
doubtedly, he  is  to  attend  to  the  main  points  of  astronomy,  to  the  best  of 
his  judgment,  rather  than  to  anything  of  a  discursive  nature.     The  appoint- 
ment originated  in  the  desire  of  discovering  means  of  finding  the  longi- 
tude  at  sea ;  and,  therefore,  anything  applying  to  longitude  would  speci- 
ally  require   his   attention.     In   this  way  the  trials  of  chronometers  first 
became  a  part  of  his  duty  ;  from  which,  'by  degrees,  it  arose,  that  the  care 
and  regular  supply  of  chronometers  for  the  royal  riav}T  were  imposed  upon 
him,  to  the  great  injury  of  the  astronomical  efficiency  of  the  observatory. 
Lately,  the  chronometer  business  has  been  confined  to  rating  the  chronom- 
eters on  trial  for  purchase,  or  navy  chronometers  brought  on  shore,  with 
occasional  supplies  of  chronometers  to  ships  by  direction  of  the  admiralty, 
and  with  general  superintendence  of  the  repairs. 

The  duties  are  prescribed :  first,  by  the  Queen's  warrant,  which  merely 
directs  the  astronomer  to  apply  himself  with  diligence  to  observing  the 
heavenly  bodies,  for  finding  out  the  so- much-desired  longitude  at  sea  ;  (the 
same  words  as  in  the  warrant  originally  given  to  Flamsteed  ;)  second,  by 
the  official  instructions  given  by  the  admiralty  board,  (who  have  been  em- 
powered to  issue  instructions  by  the  Queen  in  council,)  which  enter  a  little 
more  minutely  into  the  duties,  but  necessarily  leave  the  course  of  astro- 
nomical observations  very  indefinite.* 

The  board  of  admiralty  sometimes  call  on  the  astronomer  royal  for  a 

*The  board  of  visitors  are  empowered  by  their  warrant,  under  the  royal  s'gn 
manual,  to  direct  the  astronomer  royal  to  make  such  observations  as  they  may 
think  fit :  but  I  am  not  aware  that  they  have  ever  exercised  this  power. 


TWENTY-SIXTH    CONGRESS,    1839-41.  233 

report,  but  it  is  rather  upon  such  matters  as  the  state  of  the  buildings  and 
instruments,  the  conduct  of  the  assistants,  &c.,  than  upon  the  nature  of  the 
astronomical  observations. 

I  have  myself  introduced  the  rule  of  reading  a  report  to  the  board  of 
visitors  at  their  annual  meeting  at  the  observatory,  applying  as  well  to  the 
astronomical  labors  as  to  the  general  occurrences  at  the  observatory  ;  and 
this  report  they  have,  each  year,  ordered  to  be  printed.  (Copies  accompany 
this  paper.)  If  this  custom  be  continued,  there  will,  probably,  be  found  a 
more  complete  series  of  annals  of  the  observatory  than  has  hitherto  ex- 
isted. 

6.  Besides  the  astronomer  royal,  there  are  six  assistants,  and  a  laborer, 
and  a  watchman  ;  al.«o  a  gate  porter,  (some  old  sailor  from  Greenwich  hos- 
pital.)    The  duties  of  the  assistants  are,  to  observe,  and  compute,  entirely 
under  the  direction  of  the  astronomer  royal.     None  of  these  persons  reside 
within  the  precincts  of  the  observatory,  or  even  within  the  park.     They 
find  houses  for  themselves,  from  the  salaries  mentioned  below,  (part  of  the 
salary  being  considered  as  compensation  for  want  of  dwelling-house.) 

The  salaries  are  :  first  assistant,  £350 ;  second  assistant,  £220,  (in  future 
instances  this  is  to  be  £190  ;)  third  assistant,  £190  ;  fourth,  fifth,  and  sixth 
assistants,  £130  each  ;  laborer,  £43  ;  gate  porter,  £15  12s.;  watchman, 
£32  10s. 

7.  The  instruments  in  use  at  this  time  are  :  a  transit  instrument,  ten  feet 
long,  constructed  by  Trough  ton,  bought  by  the  Government ;  price,  I  think, 
£300. 

Mural  circle,  six  feet  diameter,  constructed  by  Troughton,  bought  by  the 
Government ;  price,  I  believe,  £600.* 

Zenith  tube,  or  zenith  sector,  of  small  range,  for  the  observation  of  Dra- 
conis  only,  which  passes  very  near  to  the  zenith  of  Greenwich  ;  purchased 
by  the  Government.  I  know  not  the  price. 

The  eastern  equatorial,  or  Shuckburg's  equatorial,  constructed  by  Kams- 
den  ;  presented  by  Lord  Liverpool. 

The  western  equatorial ;  a  very  worthless  instrument. 

The  southern  equatorial,  or  Sheepshank's  equatorial.  The  object-glass 
made  by  a  Parisian  artist,  (I  think  by  Cauchoix;)  presented  by  the  Kev. 
E.  Sheepshanks ;  the  mounting  by  Mr.  T.  Grubb,  of  Dublin,  at  the  expense 
of  the  Government ;  its  cost  £205. 

Several  telescopes ;  prices  unknown — some  probably  exceeding  £100. 

Several  clocks  ;  the  most  expensive  cost,  I  believe,  £200. 

I  ought  not  to  omit  that  there  is  machinery  for  raising  a  large  ball,  (five 
feet  in  diameter,)  on  the  top  of  the  house,  and  dropping  it  precisely  at  1 
o'clock  every  day  as  a  signal  by  which  the  chronometers  on  board  the  ships 
in  the  river  Thames  may  be  rated.  It  was  erected  at  the  expense  of  the 
Government ;  I  know  not  the  cost. 

Besides  these,  there  is  the  magnetic  apparatus,  yet  imperfect ;  the  expense 
hitherto  incurred  has  been  £30  or  £40. 

8.  There  is  a  library,  covering  the  walls  of  a  room  twenty  feet  square. 
It  consists  principally  of  the  transactions  of  societies,  of  mathematical  and 
astronomical  works,  works  on  the  literature  of  astronomy,  nautical  astron- 
omy, voyages,  &c.     In  these  respects  it  is  a  very  good  library.     It  has  been 
collected,  partly  at  the  expense  of  Government,  and  partly  from  the  pres- 
ents of  private  persons  and  official  bodies. 

9.  The   best  instrument-makers   in    London,   at   the   present   time,   are 
William  Simms,  (successor  of  Troughton,  formerly  his  partner,)  136  Fleet 
street;  Thomas  Jones,  62  Charing  Cross;    George   Dolland,  59  St.  Paul's 
churchyard.     Dolland  is  principally  known  for  his  telescopes  and  optical 
instruments  ;  he  has  had  little  experience  in  the  construction  of  large  grad- 


*  Another  mural  circle  of  the  same  size,  constructed  by  Jones,  has  lately  been 
sent  from  the  royal  observatory  to  the  Cape  of  Good  Hope. 


234  CONGRESSIONAL    PROCEEDINGS. 

uated  instruments.     I  know  no  maker  who  can  be  considered  as  successor 
to  Troughton  in  originality  and  boldness  of  ideas. 

The  whole  annual  expense  of  the  observatory  to  the  Government,  includ- 
ing salaries,  additions  and  repairs  to  buildings,  additions  and  repairs  to 
instruments,  and  printing,  exceeds  £3,000. 

Miscellaneous  information  relating  to  other  observatories. 

1.  The  observatory  at  Cambridge  was  built,  partly  by  private  subscrip- 
tion, partly  by  grant  from  the  funds  of  the  university,  in  1820,  at  an  ex- 
pense of  about  £20,000.     It  is  maintained  at  the  expense  of  tbe  university. 

That  at  Oxford,  I  believe,  was  built  from  the  funds  bequeathed  for  that 
purpose  by  Dr.  Radcliffe. 

Those  at  Edinburgh  and  Glasgow  were  commenced  by  private  subscrip- 
tion, and  afterwards  assisted  by  the  Government. 

That  at  Armagh  was  built  from  funds  bequeathed. 

That  at  Dublin  in  like  manner. 

I  know  not  how  those  of  Oxford,  Armagh,  and  Dublin,  are  maintained  ; 
but  I  believe  that  the  salaries  of  the  observers,  as  well  as  the  general  sup- 
port and  repairs  of  the  buildings  and  instruments,  are  defrayed  from  the 
bequests. 

2.  In  the  whole  of  these,  (Glasgow  excepted,  which  is  not   much   ad- 
vanced,) there  is  a  dwelling-house  for  the  astronomer,  and  in  gome  tin  n- 
are  dwellings  for  assistants  ;  connected  in  all  cases  by  building  under  the 
same  roof,  or  by  enclosed  passages,  with  the  observatory. 

The  enclosure  of  land  about  the  Cambridge  observatory  is  scvi-n  aero. 

That  at  Oxford,  a  field,  perhaps  not  so  large. 

That  at  Dublin,  about  thirty  acres. 

The  new  Russian  observatory,  at  Pulkowa,  about  fifty  acres. 

3.  I  do  not  think  that  either  of  the   observatories  which  I  have  men- 
tioned has  undergone  great  alteration.     The  Cambridge  observatory,  Imilt 
in  1820,  has  not  itself  undergone  any  alteration  ;  but,  on  occasions  of  the 
presentation  of  a  large  telescope,  (20  feet  long  and  12  inches  in  aperture,) 
a  new  detached  building  was  erected  for  it.     I  may  remark,  that  the  Cam- 
bridge observatory  was  built  on  a  plan  architecturally  symmetrical  ;  which 
arrangement  I  should  deprecate  in  any  new  observatory,  on  account  of  the 
difficulties  which  it  presents  to  all  future  alterations. 

4.  The  astronomer  at  Cambridge  is  the  Plumian  professor.     This  officer 
is  elected  by  the  trustees  of  the  estate  bequeathed  by  a  Dr.  Plume,  and  is 
paid  by  the  rent  of  the  estate,  amounting  to  about  £300  per  annum.     When 
I  was  elected  to  that  office  in  1827,  I  represented  to  the  senate  of  the  Cam- 
bridge University  that  this  sum  was  not  sufficient  remuneration  for  the 
duties  of  the  observatory,  and  the  senate  increased  the  payment  to  £500  by 
annual  grant  from  the  funds  of  the  university. 

The  astronomers  at  Oxford  and  Dublin  are  appointed  by  the  trustees  of 
certain  estates,  and  are  paid  from  their  rents.  I  believe  that  the  astrono- 
mer at  Armagh  is  elected  and  paid  in  the  same  manner. 

For  the  appointment  of  the  astronomer  at  Edinburgh,  the  consent  of  the 
Government  is  necessary.  I  know  not  how  he  is  paid. 

5.  I  do  not  think  that  in  any  of  these  instances  there  is  any  distinct  set 
of  instructions  or  definition  of  duties.     At  Cambridge,  there  is  a  board  of 
visitors,  which  meets  at  least  three  times  in  each  year  at  the  observatory  ; 
one  of  these  meetings  being  attended  also  by  other  members  of  the  uni- 
versity and  strangers.     I  introduced  at  Cambridge  the  custom  of  reading 
a  report  to  the  visitors  at  each  regular  meeting.     The  visitors  are  required 
to  make  a  report  once  a  year  to  the  senate  of  the  university. 

In  instituting  a  new  observatory,  it  appears  to  me  very  desirable  that 
there  should  be  appointed  a  body  like  the  board  of  visitors  at  Greenwich 
and  at  Cambridge,  with  power  to  require  reports  from  the  astronomer,  and- 


TWENTY-SIXTH    CONGRESS,    1839-41.  235 

perhaps  to  direct  him  in  some  degree,  and  with   the  duty  of  reporting  to 
the  governing  body. 

The  visitors  of  the  Cambridge  observatory  are  all  members  of  the  senate 
of  the  university.  The  visitors  of  the  Greenwich  observatory  are  persons 
living  in  different  parts  of  England. 

6.  At  Cambridge  observatory  there  are  two  assistants  and  a  laborer. 
At  the  Cape  of  Good  Hope,  the  same. 

At  Edinburgh,  Dublin,  and  Armagh,  I  believe  one  assistant  each. 

Their  duties  are  to  observe  and  to  calculate,  under  the  direction  of  the 
astronomer. 

The  salaries  of  the  Cambridge  assistants  are,  I  think,  £80  each  per  an- 
num, with  apartments. 

7.  The  instruments  at  Cambridge  observatory  are — 

A  mural  circle,  8  feet  in  diameter,  made  by  Troughton  ;  price,  £1,050. 

A  transit  instrument,  10  feet  long,  made  by  Dolland  ;  price,  I  believe. 
£600. 

An  equatorial  5-feet  telescope,  made  by  Jones  ;  price,  about  £750  ;  (many 
complaints  of  this  price.) 

Several  small  instruments,  telescopes,  &c. 

Three  clocks  ;  one  cost  £100  to  £120. 

A  20  feet  telescope,  presented  by  the  Duke  of  Northumberland. 

At  Oxford  there  are  some  quadrants,  not  used  ;  and  also  a  circle,  4  feet 
diameter,  made  by  Jones  ;  and  an  old  transit. 

At  Edinburgh  :  a  mural  circle,  4  feet  in  diameter,  made  by  Simms  ;  and 
a  transit,  made  by  Kepsold,  of  Hamburgh. 

At  Armagh  :  u  mural  circle,  4  feet  in  diameter,  made  by  Jones  ;  and  a 
transit,  (maker  not  known.) 

At  Dublin  :  an  altitude  and  azimuth  instrument ;  the  vertical  circle,  8 
feet  in  diameter,  made  by  Kamsden  ;  and  a  transit. 

I  may  remark,  that,  in  the  construction  of  instruments,  expense  may 
frequently  be  avoided  by  leaving  some  points  to  the  discretion  of  the  instru- 
ment maker.  As  an  instance  :  when  I  superintended  the  equatorial  mount- 
ing of  the  20- feet  telescope  at  Cambridge,  I  found  occasion  for  a  5- feet  circle, 
and  I  directed  it  to  be  cast  in  one  piece  of  bell  metal.  It  appears  to  answer 
perfectly  well.  Mr.  Simms  is  quite  satisfied  with  it,  and  thinks  it  possible 
that  it  might  be  made,  at  still  less  expense,  of  cast-iron.  Since  that  time, 
Mr.  Simms  has  had,  I  believe,  two  orders  for  large  circles  ;  and  when  I 
have  urged  him  to  have  each  cast  in  one  piece,  he  has  expressed  his  wish  to 
do  so  ;  but  has  informed  me  that  his  orders  were  to  make  them  "  like  the 
Greenwich  circles,"  and  has  therefore  considered  himself  compelled  to  put 
them  together  in  many  pieces,  in  the  same  wa}7  as  the'  Greenwich  circles,  at 
much  greater  expense  than  would  have  been  implied  in  the  construction 
mentioned  above. 

G.  13.  AIRY. 

June  8,  1839. 

Since  writing  the  answers  above,  I  have  received  from  Mr.  Simms  the 
following  list  of  prices  : 

The  mural  circles  for  Greenwich,  Cracow,  Brussels,  Edinburgh,  and 
Lucknow,  are  all  of  the  same  dimensions,  (six  feet  in  diameter,)  and  were 
all  made  by  Troughton.  The  price  in  each  case  was  £735.  Mr.  Simms 
states  that  at  this  price  there  was  no  profit,  (Troughton  was  wholly  regard- 
less of  profit  in  constructing  these  instruments,)  and  that  he  would  not  like 
to  undertake  one  for  less  than  £900. 

The  mural  circle  for  Cambridge,  eight  feet  in  diameter,  was  made  by 
Troughton,  for  £1,050. 

Troughton  was  paid  for  the  Greenwich  transit  £315,  which  sum  did  not 
include'the  object-glass.  Mr.  Simms  states  that  the  cost  now  would  be  450 
guineas  for  the  instrument  complete.  Its  length  is  ten  feet. 

Troughton  received  for  the  Brussels  equatorial  450  guineas  ;  but  this  was 
too  little  ;  it  ought  to  have  been  £600.  (I  think  that^the  length  of  the  tel- 


286  CONGRESSIONAL    PROCEEDINGS. 

escope  is  five  feet;  the  diameter  of  the  declination  circle,  three  feet;  and 
that  of  the  hour  circle,  two  feet,  or  two  and  a  half  feet.) 

A  very  good  clock  for  Luck  now  cost  £80.     An  inferior  clock  £28. 

G.  B.  AIRY. 

June  11,  1839. 

Mr.  Adams  then  reproduces  the  messages  of  the  President  and  the  cor- 
respondence between  Mr.  Hush,  the  agent  of  the  United  States,  and  Mr. 
Forsyth,  Secretary  of  State,  concerning  the  action  taken  to  secure  the  be- 
quest, all  of  which  appears  in  its  proper  place. 

A  motion  was  made  by  Mr.  MONROE  that  5,000  extra 
copies  of  the  report  above,'  made  by  Mr.  Adams,  and  of  the 
reports  of  committees  heretofore  made,  with  the  other 
papers  in  relation  to  the  subject,  be  printed  for  the  use  of 
the  members. 

HOUSE  OF  REPRESENTATIVES,  March  19,  1840. 

The  following  letter  from  the  Secretary  of  the  Treasury, 
transmitting  statements  of  moneys  invested  in  the  stocks  of 
the  several  States,  was  read  and  laid  upon  the  table  : 

TREASURY  DEPARTMENT,  March  17,  1840. 

SIR  :  This  report  is  submitted  in  obedience  to  a  resolution  of  the  House 
-of  Representatives  of  the  9th  instant,  directing  the  Secretary  of  the  Treas- 
ury to  furnish  "  a  statement  of  all  the  public  moneys  of  the  United  States 
invested  in  the  stocks  of  the  several  Siates,  specifying  the  amount  invested 
in  the  stocks  of  each  State  ;  the  authority  by  which  each  investment  was 
made;  the  terms,  and  rate  of  interest,  of  each  contract;  the  security  re- 
ceived for  the  payment  of  interest  and  principal  of  each  debt ;  the  rate  per 
centum  given  in  the  purchase  of  the  bonds  ;  and  the  market  value  of  tin- 
bonds  at  the  times  of  the  respective  investments,  and  at  the  present  time :  " 
I  have  the  honor  to  state  that  this  department  is  not  aware  that  any  "  of 
the  public  moneys  of  the  United  States,"  held  in  their  own  right,  are  u  in- 
vested in  the  stocks  of  the  several  States."  But  some  of  the  moneys  held 
in  trust  by  the  United  States  have  been  invested  in  such  stocks,  either  by 
agreement  with  those  possessing  the  legal  title,  such  as  treaty  stipulations 
with  Indian  tribes  ;  or  by  authority  of  acts  of  Congress,  such  as  that  of  the 
7th  of  July,  1838,  concerning  the  moneys  received  on  account  of  the 
.Smithsonian  bequest. 

*****  #•  * 

There  are  no  means  here  for  ascertaining  the  market  value  of  the  State 
stocks  at  any  particular  time  with  accuracy.  Sales  of  such  stocks  are  rarelv 
entered  in  the  reports  of  stock  operations  at  the  boards  of  the  brokers  in  the 
principal  cities  ;  and  extensive  and  tedious  correspondence  would  alone  en- 
;able  me  to  give  a  near  approximation  to  their  worth  at  the  periods  of  thes*» 
numerous  purchases.  On  examination  of  the  files  of  a  New  York  price 
current,  from  1836  to  the  present  date,  (being  the  only  paper  quoting  the 
price  of  stocks  preserved  in  this  department,)  not  one-fourth  of  the  State 
stocks  held  here  could  be  found,  and  not  a  single  quotation  at  the  time  the 
bonds  were  purchased.  But  all  of  the  stocks  purchased  here  were  obtained 
.at  the  lowest  price  they  could  be  had  at  the  time,  it  having  been  an  invaria- 
ble rule,  when  funds  were  received  which  the  department  was  authorized 
to  invest,  to  address  letters  to  such  persons  in  the  principal  cities  as  were 
supposed  to  have  stocks  for  sale,  notifying  them  of  the  fact,  and  allowing 
time  to  receive  their  offers  ;  after  which,  a  contract  was  made  for  such  as 
were  offered  on  terms  found  to  be  most  advantageous  for  the  trust,  having 
.regard,  in  determining  that  fact,  to  the  interest  the  stock  yielded,  and  the 


TWENTY-SIXTH    CONGRESS,    1839-41. 


237 


length  of  time  before  its  maturity.  The  price  given,  the  par  value,  the 
rate  of  interest,  and  the  authority  for  each  purchase,  will  appear  in  the 
tables  annexed. 

In  respect  to  the  security  for  the  payment  of  the  interest  and  principal 
of  the  stocks,  none  other  was  asked  beyond  the  guaranty  of  the  respective 
States  in  the  a'cts  authorizing  the  issue  of  the  stocks. 

I  am,  respectfully,  your  obedient  servant, 

LEVI  WOODBURY, 
Secretary  of  the  Treasury. 
Hon.  K.  M.  T.  HUNTER, 

Speaker  of  the  House  of  Representatives. 


Statement  of  the  moneys  invested  in  State  stocks  held  in  trust  by  the  Treasury 
Department,  showing  the  time  of  the  respective  investments  ;  amount  in- 
vested in  the  stocks  of  each  State  ;  rate  of  interest  on  bonds  in  each  contract ; 
rate  at  which  stock  was  purchased ;  and  authority  by  which  each  invest- 
ment was  made,  Sfc. 


Time  of  the  re- 
spective invest- 
ments. 

Amount     invested     in     the 
stocks  of  each  State. 

Rate  of  interest 
on  bonds  in 
each  contract. 

"So®. 

*         *         # 
1838,  September  _ 
November  _ 
December  
1839,  July  _ 

#           #          #           * 
$500,000  00  Arkansas  bonds.. 
8,000  00  Michigan  bonds_ 
10,000  00  Arkansas  bonds. 
13,000  00  Arkansas  bonds 

*     •*     •* 
6 
6 
6 
6 

*     *     * 

iooT7 

100 

1840,  February  __ 

26,000  00  Illinois  bonds... 

6 

73 

Authority  by  which  the  investments  were  made — Act  of  July  7,  1838, 
authorizing  the  investment  of  the  Smithsonian  bequest. 

Security  received  for  the  payment  of  interest  and  principal  of  each  debt — 
Guaranty  of  the  State. 

Market  price  at  the  time  of  purchase — No  means  of  ascertaining  accu- 
rately. 

Market  price  at  the  present  time — No  means  of  ascertaining  accurately. 

TREASURY  DEPARTMENT,  March  16,  1840. 

HOUSE  OF  REPRESENTATIVES,  March  23,  1840. 

Mr.  MONROE  moved  the  following,  which  was  read  and 
laid  on  the  table  one  day,  under  the  rule  : 

Resolved,  That  5,000  additional  copies  of  the  report  on  the  Smithsonian 
bequest  be  published  for  the  use  of  the  members  of  this  House. 

Mr.  TOLAND  moved  that  4,000  extra  copies  of  the  report 
of  the  select  committee  on  the  Smithsonian  bequest  be 
printed  for  the  use  of  the  members. 


CONGRESSIONAL    PROCEEDINGS. 


PROCEEDINGS  IN  THE  SENATE. 

SENATE,  February  10,  1841. 

Agreeably  to  notice,  Mr.   Linn  asked  and  obtained  leave 

to  bring  in  a  bill  (S.  245)  to  appoint  trustees  for  tbc  invest- 

ment of  the  Smithsonian  fund  ;  which  was  read  the  first  and 

.second  times,  by  unanimous  consent,  and   referred  to  the 

Committee  on  the  Library. 

The  bill  is  as  follows  : 

[S.  No.  245.] 
A  BILL  to  appoint  Trustees  for  the  investment  of  the  Smithsonian  fund. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  tin-  rutted 
States  of  America  in  Congress  assembled,  That  the  Secretari.-  ,,i'  the  State, 
the  Treasury,  the  .War,  and  the  Navy  Departments,  the  Attorney  General, 
and  the  Postmaster  General,  be,  and  'they  are  hereby,  constituted  trustees 
of  the  Smithsonian  fund,  with  power  to  invest  the  same  in  salt-  public  funds, 
and  to  change  said  investment  when,  in  their  judgment,  it  may  be  desir- 
able :  Provided,  however,  That  said  trustees  shall,  under  no  circumstance*, 
diminish  or  expend  the  principal  of  said  fund  ;  but  that  all  expenses  of  in- 
vestments of  said  fund,  or  for  other  purposes,  as  provided  l»y  law,  shall  be. 
paid  out  of  the  interest  which  has  accrued,  or  which  may  accrue,  from  said 
fund. 

SEC.  2.  And  be  it  further  enacted,  That  said  trustees  shall  have  power  to 
appoint  a  treasurer  and  secretary  to  the  board  of  trustees,  who  shall  give 
bond  in  the  penal  sum  of  dollars  for  the  faithful  performance  «\' 

his  duties,  and  shall  be  removable  from  office  at  the  pleasure  of  the  hoard 
of  trustees,  and  shall  bo  entitled  to  receive  a  compensation  lor  his  services 
not  exceeding  dollars  per  annum.  The  said  treasurer  and  secre- 

tary shall  perform  his  duties  under  the  direction  of  the  board  of  trustees, 
and  shall  render  his  accounts  <]uarterly  to  the  Treasury  Department  The 
proceedings  of  said  board  shall  be  reported  annually  to  Congress  ;  and 
their  transactions,  books,  and  papers,  shall  be  open  to  >udi  investigations, 
and  the  board  shall  answer  such  inquiries,  in  relation  to  their  official  action, 
as  Congress,  or  a  resolution  of  either  House,  shall  from  time  to  time  direct. 

SEC.  3.  And  be  it  further  enacted.  That  the  Smithsonian  Institution  shall 
consist  of  one  superintendent,  who  shall  receive  a  compensation  of 
dollars  per  annum,  and  six  prolcssors,  each   of  whom   shall  receive  a  com- 
pensation of  dollars  per   annum.     The   foregoing   named   officers 

to  be  appointed  in  the  following  manner  :  the  National  Institution  for  the 
promotion  of  science,  established  in  the  city  of  "Washington,  shall  nominate; 
said  officers  to  the  President,  to  be,  if  approved  by  him,  submitted  to  tha 
Senate  for  its  advice  and  consent.  The  said  superintendent  and  professors 
shall  hold  their  offices  during  the  term  of  four  years,  and  perform  such 
duties  as  shall  be  designated  by  the  said  National  Institution.  The  said 
institution  shall  also  prescribe  the  duties  of  such  officers,  as  it  may  lind 
necessary  to  appoint,  for  the  preservation  of  the  buildings,  grounds,  and 
other  property  belonging  to  the  institution  :  Provided,  ^however,  That  no 
greater  number  of  such  officers  shall  be  appointed,  than  shall  be  approved 
by  the  President  of  the  United  States,  and  at  no  higher  compensations, 
than  he  shall  approve:  And  provided,  a/so,  That  all  contingent  expenses 
necessary  in  the  execution  of  the  duties  of  said  officers,  shall  be  approved  by 
the  Secretary  of  State,  and  the  President  of  the  aforesaid  National  Insti- 
tution. 


TWENTY-SIXTH    CONGRESS,    1839-41.  239 

SEC.  4.  And  be  it  further  enacted,  That  the  land  owned  by  the  United 
"States,  in  the  city,  of 'Washington,  situated 

and  known  by  the  name  of  the  Mall,  be,  and  the  same  is 
hereby,  appropriated  for  the  uses  of  the  Smithsonian  Institution.  The 
buildings  for  said  institution  shall  be  erected  thereon,  and  in  which  shall 
be  preserved  the  philosophical  instruments,  apparatus  and  collections, 
necessary  to  promote  the  objects  of  the  institution.  And  all  collections  of 
works  of  art  and  of  natural  history,  owned  by  the  United  States,  not  other- 
wise assigned,  shall  be  deposited  in  said  buildings  ;  and  for  the  transporta- 
tion and  arrangement  of  the  same,  the  sum  of  five  thousand  dollars  is  here- 
by appropriated  out  of  the  Treasury  of  the  United  States,  to  be  expended 
under  the  direction  of  the  president  and  directors  of  the  National  Institu- 
tion :  Provided,  however,  That  the  grounds,  herein  assigned  to  the  Institu- 
tion, shall  be  kept  open  to  the  public,  free  from  all  charge,  but  under  such 
regulations  as  the  preservation  of  the  property  shall  require  :  And  provided', 
also,  That  the  plan  of  the  buildings  herein  authorized,  shall  be  prepared  by 
the  National  Institution,  and  shall  be  submitted  to  the  President  of  the 
United  States,  and  upon  receiving  his  approbation,  shall  be  erected  under 
the  superintendence  of  the  National  Institution  ;  the  said  buildings,  collec- 
tions, and  grounds,  shall  be  under  the  general  supervision  of  the  National 
Institution. 

SENATE,  February  17,  1841. 

Mr.  PRESTON  from  the  Committee  on  the  Library,  to 
whom  was  referred  the  bill  (S.  245)  to  appoint  trustees  for 
the  investment  of  the  Smithsonian  fund,  reported  it  without 
amendment;  and,  also,  the  following  bills,  as  substitutes 
therefor : 

S.  258.  Bill  to  incorporate,  within  the  District  of  Colum- 
bia, the  National  Institution  for  the  promotion  of  science. 

S.  259.  Bill  to  invest  the  proceeds  of  the  Smithsonian 
fund,  and  to  establish  the  Smithsonian  Institution ;  which 
were  severally  read,  and  passed  to  the  second  reading. 

The  bills  are  as  follows: 

[S.  No.  258.] 

A  BILL  to  incorporate,  within  the  District  of  Columbia,  the  National 
Institution  for  the  Promotion  of  Science. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  Joel  R.  Poinsett,  James  K. 
Paulding,  John  Quincy  Adams,  John  J.  Abert,  Joseph  G.  Totten,  A.  O. 
Dayton,  Francis  Marcoe,  Levi  Woodbury,  William  Cranch,  Henry  D. 
Gilpin,  William  J.  Stone,  and  others,  composing  the  association  in  the  Dis- 
trict of  Columbia  denominated  the  National  Institution  for  the  Promotion 
of  Science,  and  their  successors  duly  elected  in  the  manner  hereinafter  men- 
tioned, be,  and  they  are  hereby,  constituted  and  declared  to  be  a  body 
politic  and  corporate,  by  the  name  and  title  of  the  National  Institution  for 
the  Promotion  of  Science,  in  the  District  of  Columbia,  with  all  rights  and 
privileges  of  corporate  bodies,  not  repugnant  to  the  constitution  of  the 
United  States,  or  the  laws  of  the  District  of  Columbia,  and  in  conformity 
with  the  following  rules  and  regulations: 

Article  first.  This  society  shall  be  named  "  The  National  Institution  for 
the  Promotion  of  Science." 

Article  second.  It  shall  hold  its  meetings  at  the  city  of  Washington. 


240  CONGRESSIONAL    PROCEEDINGS. 

Article  third.  It  shall  be  composed  of  resident,  corresponding  and  hono- 
rary members. 

Article  fourth.  The  resident  members  shall  be  persons  residing  in  the 
District  of  Columbia;  corresponding  members  shall  be  persons  residing  out 
of  the  District  of  Columbia,  who  wish  to  aid  the  institution  by  their  con- 
tributions or  communications  ;  and  the  class  of  honorary  members  shall  be 
composed  of  eminent  men  residing  out  of  the  District  of  Columbia. 

Article  fifth.  Resident  members  removing  from  the  District  of  Colum- 
bia, shall,  on  request,  be  transferred  to  the  list  of  corresponding  members, 
and  vice  versa;  but  any  corresponding  member  may,  at  his"  option,  be 
recorded  and  considered  a  resident  member. 

Article  sixth.  The  officers  of  the  institution  shall  consist  of  a  president, 
vice-president,  twelve  directors,  a  treasurer,  a  corresponding,  and  a  record- 
ing secretary  :  Provided,  That  no  member  shall  hold  more  than  one  of  the 
offices  created  by  this  article  at  the  same  time,  but,  that  an  acceptance  of 
one,  shall  be  construed  as  refusal  of  all  others. 

Article  seventh.  The  officers  shall  constitute  a  board  of  management  of 
the  fiscal  concerns  of  the  institution  ;  and  any  five  members  of  the  board 
shall  be  a  quorum  for  the  transaction  of  ordinary  business. 

Article  eighth.  The  secretaries  of  the  departments  of  State,  Treasury, 
War,  and  Navy,  and  the  Attorney  General,  and  Postmaster  General  of  the 
United  States,  for  the  time  being,  shall,  with  their  consent,  be  directors  of 
the  institution;  but,  upon  the  refusal  of  one  or  more  of  them  to  accede  to 
the  request  of  the  institution,  such  director  or  directors  shall  be  chosen  in 
the  same  manner  as  herein  provided  for  the  appointment  of  other  oflin-r.-. 
The  officers  shall  be  elected  for  the  term  of  one  year,  or  until  their  success- 
ors shall  be  appointed,  from  among  the  resident  members  of  the  institution. 
This  election  shall  take  place  at  the  annual  meeting  ;  and  each  member, 
who  is  duly  qualified,  and  shall  be  present  at  such  meeting,  shall  have  a 
vote  in  said  election. 

Article  ninth.  The  annual  meeting  shall  be  held  on  the  first  Monday  in 
each  year,  or  as  soon  thereafter  as  may  be  convenient ;  the  stated  meetings 
on  the  second  Monday  in  each  month,  and  special  meetings  whenever  five 
resident  members  shall  concur  in  a  request  to  that  effect. 

Article  tenth.  The  president,  vice-president,  or,  in  their  absence,  one  of 
the  directors,  in  order  of  seniority,  as  named  in  article  eighth,  shall  pre- 
side at  all  meetings  of  the  institution  ;  or  if  neither  of  these  members  be 
present,  the  meeting  shall  elect  its  own  chairman. 

Article  eleventh.  The  election  of  members  shall  be  by  ballot;  the  candi- 
date being  nominated  to  the  corresponding  secretary,  in  writing,  at  least 
one  week  before  the  meeting  when  he  is  so  balloted  for,  and  proposed  by  any 
three  directors  of  the  society. 

Article  twelfth.  Resident  members  shall,  on  admission,  subscribe  the 
constitution  of  the  institution,  and  pay  to  the  treasurer  five  dollars  each, 
and^annually  thereafter,  on  the  first  Monday  in  January,  five  dollars  each  ; 
to  aid  in  defraying  necessary  expenses,  and  for  such  other  purposes  as  the 
board  of  management  may  direct. 

Article  thirteenth.  No  resident  member  shall  vote  at  any  stated,  or  other 
meeting  of  the  institution,  on  any  question  whatever,  who  has  not  paid  his 
subscription  and  annual  dues,  or  who  shall  not  have  attended  a  meeting  of 
the  institution  within  one  year  previous  to  such  meeting. 

Article  fourteenth.  The  resident  and  corresponding  members  shall 
exert  themselves  to  procure  specimens  of  natural  history,  and  so  forth  ;  and 
the  said  specimens  shall  be  placed  in  the  cabinet,  under  the  superintendence 
t  a  board  of  curators,  to  be  appointed  by  the  directors.  All  such  speci- 
mens, and  so  forth,  unless  deposited  specially,  shall  remain  in  the  cabinet ; 
and,  in  case  of  the  dissolution  of  the  institution,  shall  become  the  property 
of  the  United  States. 

m    Article  fifteenth.  The  resident  members  of  the  institution  shall  be  divided 
into  such  departments  as  may  hereafter  be  determined  upon.     The  members 


TWENTY-SIXTH    CONGRESS,    1839-41.  241 

composing  each  department  shall  especially  be  charged  with  the  subjects 
embraced  therein,  and  communicate  to  the  institution  the  result  of  their 
inquiries  ;  but  every  member  shall  have  the  privilege  of  making  such  com- 
munications, as  he  may  think  proper,  on  any  subject  connected  with  the 
designs  of  the  institution. 

Article  sixteenth.  The  various  collections  of  the  institution  shall  be 
placed  in  the  apartments  which  may  be  designated  for  that  purpose  by  a 
majority  of  the  directors. 

Article  seventeenth.  This  constitution,  with  the  exceptions  of  articles 
six,  eight,  ten,  fourteen,  and  sixteen,  or  so  much  thereof  as  relates  to  the 
office  of  directors,  their  duties,  privileges,  or  powers,  or  the  purposes  or 
place  of  keeping  of  the  collections  of  the  institution,  shall  be  subject  to  al- 
terations and  additions  at  any  meeting  of  the  institution  :  Provided,  Notice 
of  a  motion  for  such  alteration  or  addition  shall  have  been  given  and 
recorded  at  a  preceding  regular  meeting :  And  provided,  further,  That  no 
alterations  or  amendments  shall  ever  be  made  in  the  above  referred  to  arti- 
cles without  the  consent  of  a  majority  of  the  directors. 

Article  eighteenth.  A  code  of  by-laws  for  the  regulation  of  the  business 
of  the  board  of  management,  and  the  annual  and  other  meetings  of  the  in- 
stitution, and  for  matters  relating  to  non-attendance,  privileges,  duties  of 
officers,  and  so  forth,  shall  be  prepared  by  a  committee  to  be  appointed  for 
that  purpose. 

Article  nineteenth.  All  persons  present  at  the  adoption  of  this  constitu- 
tion shall,  if  desirous  of  becoming  members  of  the  institution,  sign  the 
same  as  evidence  of  such  desire,  and  in  proof  of  such  membership  ;  and  all 
members  subsequently  admitted  shall  sign  the  same  at  the  first  meeting  of 
the  society  which  they  may  attend  after  such  admission. 

Article  twentieth.  The  institution  shall  have  power  to  appoint  curators 
and  others  for  the  preservation  and  arrangement  of  the  collections. 

[S.  No.  259.] 

A  BILL  to  invest  the  proceeds  of  the  Smithsonian  fund,  and  to  establish 
the  Smithsonian  Institution. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Smithsonian  Institution 
shall  consist  of  one  superintendent,  with  a  compensation  of  dollars 

per  annum,  and  not  exceeding  six  professors,  with  compensation  to  each  of 
dollars  per  annum,  with  such  number  of  curators  and  assistants  as 
may  be  found  necessary :  Provided,  The  number  of,  and  the  compensation 
to,  the  curators  and  assistants  shall  be  approved  by  the  President  of  the 
United  States;  all  these  officers  to  be  elected  by  the  board  of  management 
of  the  National  Institution  for  the  Promotion  of  Science,  established  at 
Washington,  and  according  to  the  form  and  manner  prescribed  for  tho 
electing  of  officers  of  that  institution ;  but  the  election  of  professors  shall 
not  be  made,  until  the  buildings  are  prepared  for  them  to  enter  upon  their 
duties. 

SEC.  2.  And  be  it  further  enacted,  That  the  officers  of  the  National  Insti- 
tution for  the  Promotion  of  Science,  together  with  the  superintendent  of 
the  Smithsonian  Institution,  shall  constitute  a  board  of  management  of  the 
interest  of  the  Smithsonian  fund ;  and  shall  have  power  to  plan  and  erect 
the  necessary  buildings,  to  lay  out  the  grounds,  to  preserve  and  repair  the 
same,  to  procure  the  necessary  books  and  philosophical  instruments,  to  ar- 
range the  collections,  to  prescribe  the  duties  of  the  professors  and  others 
belonging  to  the  said  Smithsonian  Institution,  and  to  establish  regulations 
for  the  preservation  of  the  property,  and  for  a  proper  exhibition  of  the 
same:  Provided,  however,  That  no  regulation  shall  exact  a  fee  from  any 
visitor :  And  provided,  That  nothing  in  this  act  shall  be  so  construed  as  to 
prevent  any  member  of  the  National  Institution  for  the  Promotion  of 
Science,  from  being  an  officer  of  the  Smithsonian  Institution. 

16 


242  CONGRESSIONAL    PROCEEDINGS. 

SEC.  3.  And  be  it  further  enacted,  That  the  said  board  of  management 
shall  have  power  to  appoint  a  treasurer  and  secretary,  who  shall  be  entitled 
to  a  compensation  of  dollars  per  annum,  who  shall  give  bond,  in  the 

penal  sum  of  dollars,  for  the  faithful  performance  of  his  duties, 

which  duties  shall  be  prescribed  by  said  board  ;  but  he  shall  render  the 
accounts  of  his  expenditures  quarterly  to  the  accounting  officers  of  the 
Treasury  Department ;  and  the  said  board  shall  report  its  proceedings  in 
detail  annually  to  Congress,  or  oftener,  if  required. 

SEC.  4.  And  be  it  further  enacted,  That  all  works  of  art,  and  all  books 
relating  thereto,  and  all  collections  and  curiosities  belonging  to  the  United 
States,  in  the  possession  of  any  of  the  executive  departments,  and  not  m-«-- 
essarily  connected  with  the  duties  thereof,  shall  be  transferred  to  said  insti- 
tution, to  be  there  preserved  and  arranged. 

SEC.  5.  And  be  it  further  enacted,  That  the  interest  which  has  accrued  on 
the  Smithsonian  fund,  be,  and  the  same  is  hereby,  appropriated,  for  th«> 
purpose  of  carrying  into  effect  the  provisions  of  this  act ;  and  that  the 
ground  owned  by  the  United  States,  and  designated  in  the  plan  of  tho  city 
of  Washington  as  the  mall,  be,  and  the  same  is  hereby,  appropriated  for  th«- 
buildings  and  use  of  the  Smithsonian  Institution,  an<i  the  National  Insti- 
tution ;  and  the  same  shall  be  under  the  superintendence  of  the  board  of 
management  of  the  National  Institution. 

SENATE,  September  3,  1841. 

The  bill  from  the  House  of  Representatives,  to  repeal  the 
sixth  section  of  the  act  entitled  An  act  to  provide  tor  the 
support  of  the  Military  Academy  of  the  United  States  for 
the  year  1838,  and  for  other  purposes,  passed  July  18,  1838, 
and  to  prohibit  any  investment  of  the  funds  of  the  Unite* I 
States  in  stocks  of  the  several  States,  was  read  twice;  and, 
on  the  question  of  reference  coming  up. 

Mr.  SEVIER  said  this  bill  was  one  of  a  most  extraordinary 
character.  It  was  to  repeal  existing  contracts,  and  to  violate 
treaty  stipulations  with  the  Indians,  without  their  consent. 
He  moved  to  lay  the  bill  on  the  table. 

Mr.  PRESTON  appealed  to  the  Senator  to  withdraw  his 
motion ;  he  was  disposed  to  entertain  a  similar  opinion  of 
the  bill,  but  thought  it  more  respectful  to  the  House  to 
refer  it  to  a  committee.  He  would  therefore  move  to  refer 
it  to  the  Committee  on  Finance. 

Mr.  SEVIER  said,  if  it  was  to  be  referred  at  all,  it  ought 
to  be  referred  to  the  Committee  on  Indian  Affairs. 

Mr.  WALKER  concured  in  this  view. 

Mr.  WOODBURY  made  some  remarks,  to  the  effect  that  the 
bill  could  be  only  prospective  in  its  character,  and  would 
have  no  effect  on  existing  contracts. 

Mr.  CALHOUN  said  this  bill  involved  questions  of  an  im- 
portant character,  which,  it  was  very  evident,  would  require 
more  time  for  their  consideration  than  could  be  devoted  to 
them  at  the  present  session.  He  wrould  therefore  move  to 
lay  the  bill  on  the  table. 


TWENTY-SIXTH    CONGRESS,    1839-41.  243 

The  motion  was  negatived. 

Mr.  SEVIER  then  moved  its  reference  to  the  Committee 
on  Indian  Affairs.  Lost. 

The  motion  of  Mr.  PRESTON  was  then  agreed  to,  and  the 
bill  referred  to  the  Committee  on  Finance. 

SENATE,  September  8,  1841. 

Mr.  EVANS,  from  the  Committee  on  Finance,  reported, 
with  an  amendment,  the  bill  from  the  House  to  repeal  the 
sixth  section  of  the  act  for  the  support  of  the  Military 
Academy  at  West  Point  for  1838,  and  to  prohibit  the  in- 
vestment of  trust  funds  of  the  United  States  in  the  stocks 
of  the  several  States. 

The  Senate  proceeded  to  consider  the  same,  and  the  bill 
was  amended,  so  as  to  strike  out  all  after  the  enacting 
clause,  and  insert : 

"  That  so  much  of  the  sixth  section  of  the  act  to  provide  for  the  support  of 
the  Military  Academy  of  the  United  States  for  1838  as  requires  the  Secre- 
tary of  the  Treasury  to  invest  the  annual  interest  accruing  on  the  invest- 
ment of  the  money  arising  from  the  bequest  of  the  late  James  Smithson,  of 
London,  in  the  stocks  of  the  States,  be,  and  the  same  is  hereby,  repealed ; 
and  the  Secretary  of  the  Treasury  shall  invest  said  accruing  interest  in  any 
stock  of  the  United  States,  bearing  a  rate  of  interest  not  less  than  five  per 
cent,  per  annum." 

Mr.  SEVIER  made  some  observations  in  relation  to  the 
amendment  not  distinctly  heard  in  the  gallery. 

Mr.  EVANS  remarked  that  the  repeal  affected  that  portion 
only  of  the  bill  of  1838  which  related  to  the  investment  of 
the  funds  of  the  institution,  and  accruing  interest  in  State 
stocks;  the  investment  to  be  changed  to  United  States 
stock. 

Mr.  CALHOUN  requested  the  bill  and  amendments  would 
be  read. 

The  bill  was  then  read. 

Mr.  CALHOUN  wished  to  know  what  was  to  be  done  with 
the  funds  when  there  \vas  no  United  States  stock  to  be  had? 
If  all  authority  to  invest  them  and  the  accruing  interest  in 
other  stocks  was  repealed,  and  there  should  be  no  United 
States  stock  in  the  market,  or  in  existence,  what  was  to  be 
done  with  the  money? 

Mr.  EVANS  replied  that  all  that  had  been  taken  into  con- 
sideration in  committee,  and  it  was  the  unanimous  impres- 
sion that  there  would  be  a  sufficient  supply  of  United 
States  stock  in  existence  for  the  next  three  years  at  least, 
and  that  no  difficulty  could  arise  in  that  way.  If,  however, 
any  difficulty  of  that  nature  should  arise,  provision  could 
be  made  by  Congress  in  time  to  meet  it. 


244  CONGRESSIONAL    PROCEEDINGS. 

Mr.  LINN  considered  the  whole  thing  as  a  direct  attack 
upon  the  credit  of  the  States.  Here  was  an  act  of  Con- 
gress, implying  on  the  very  face  of  it  a  discredit  of  State 
stocks.  Was  not  this  calculated  to  depress  State  stocks, 
both  in  the  home  and  foreign  markets  ? 

Mr.  EVANS  observed  that  it  was  the  standing  of  the  State 
stocks  in  those  markets  which  had  called  for  the  amend- 
ment of  the  act  of  1838. 

Mr.  LINN  called  the  attention  of  the  Senate  to  this  fact ; 
that  the  Democratic  party,  during  the  last  political  struggle1 
of  the  party  now  administering  the  Government  to  get 
into  power,' had  been  slandered,  vilified,  and  abused,  with 
the  most  unfounded  charges  of  designs  to  discredit  the 
States  of  this  Union.  The  Democratic  party  had  been  de- 
nounced from  one  end  of  the  Union  to  the  other  for  hav- 
ing prostrated  the  whole  credit  system.  They  w^cre  pro- 
nounced traitors  to  their  country,  and  a  continued  stream 
of  vituperation  was  poured  out  upon  them  from  June,  18-7J. 
to  the  close  of  the  Presidential  election,  with  a  view  of 
enlisting  the  prejudices  of  every  one  connected  with  State 
stocks  against  the  continuation  of  the  Democracy  in  power. 
Yet,  what  spectacle  do  we  now  see  presented  to  the  coun- 
try? What  but  that  to  be  expected  from  the  Whig  party, 
which  had  so  notoriously  proved  to  the  world  that  their 
professions  out  of  power  were  one  thing,  and  their  per- 
formances in  power  quite  another  and  a  different  thing? 
Now  that  they  have  the  first  opportunity,  they  offer  tin- 
most  outrageous,  treacherous,  and  fatal  stab  to  the  State 
stock  credit  system,  that  ever  was  attempted 'by  any  rep- 
resentatives of  the  people  or  the  States.  But  he  was  glad 
the  gentleman  had  shown  the  true  character  of  their  pro- 
fessions contrasted  with  their  performances. 

Mr.  WOODBURY  considered  there  were  other  things  which 
ought  to  be  taken  in  view.  Besides  the  tatal  stab  thus 
offered  to  the  credit  of  State  stocks,  the  institution  itself 
might  be  deprived  of  the  advantage  of  investing  its  funds 
in  stock  no  les.s  secure  than  United  States  stock,  though 
for  temporary  causes  depreciated,  but  sometimes  yielding 
an  opportunity  of  purchase  at  60  or  65,  when  United  State- 
stock  might  be  at  more  than  100. 

Mr.  CLAY  said  the  relation  between  the  Government  and 
the  States,  of  the  latter  being  debtors  to  the  former,  ought 
always  to  be  avoided ;  for  what  means  could  be  used^  to 
coerce  the  States  if  they  refused  to  pay  ?  We  had  stocks 
of  our  own,  in  which  this  trust  fund  of  the  Government 
could  be  invested.  He  should  prefer  the  adoption  of  this 


TWENTY-SIXTH    CONGRESS,    1839-41.  245 

_  le,  that  in  all  cases  of  trust  funds  an  account  should 
be  opened  with  the  Government  of  the  United  States,  and 
that  the  fund  should  be  held  in  the  Treasury  and  it  pay  an 
annual  interest  on  it,  until  its  object  was  accomplished. 
He  regarded  this  Smithsonian  fund  as  a  sacred  trust  which 
the  Government  would  be  bound  to  restore  if  it  should 
ever  be  lost ;  and  that  being  the  case — the  Government 
being  responsible  for  them,  it  would  be  better  that  they 
should  remain  in  the  Treasury,  under  our  charge. 

Mr.  TAPPAN  was  understood  to  concur  in  this  opinion ; 
and  after  some  further  remarks  by  Messrs.  WOODBURY, 
CALHOUN,  and  SEVIER,  the  amendment  was  engrossed,  the 
bill  read  a  third  time,  and  passed. 

On  motion  of  Mr.  EVANS,  its  title  was  amended  so  as  to 
be  in  effect,  "  an  act  to  repeal  a  part  of  the  sixth  section  of 
the  act  for  the  support  of  the  Military  Academy  of  the 
United  States  for  1838,  and  for  other  purposes." 


PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  September  2,  1841. 

Mr.  FILLMORE,  from  the  Committee  of  Ways  and  Means, 
to  whom  resolutions  of  instruction  had  heretofore  been 
referred,  reported  a  bill  to  repeal  the  sixth  section  of  the 
act  entitled  an  act  to  provide  for  the  support  of  the  Military 
Academy  of  the  United  States  for  the  year  1838,  and  for 
other  purposes,  passed  July,  1838,  and  to  prohibit  any  in- 
vestment of  the  funds  of  the  United  States  in  stocks  of  the 
several  States  ;  which  was  read  twice. 

The  section  proposed  to  be  repealed  is  as  follows : 

"  SEC.  6.  And  be  it  further  enacted,  That  all  the  money  arising  from  the 
-bequest  of  the  lute  James  Smithson,  of  London,  for  the  purpose  of  found- 
ing at  Washington,  in  this  District,  an  institution  to  be  denominated  the 
Smithsonian  Institution,  which  may  be  paid  into  the  Treasury,  is  hereby 
appropriated,  and  shall  be  invested  by  the  Secretary  of  the  Treasury,  with 
the  approbation  of  the  President  of  the  United  States,  in  stocks  of  States, 
bearing  interest  at  the  rate  of  not  less  than  five  per  centum  per  annum, 
which  said  stocks  shall  be  held  by  the  said  Secretary  in  trust  for  the  uses 
specified  in  the  last  will  and  testament  of  said  Smithson,  until  provision  is 
made  by  law  for  carrying  the  purpose  of  said  bequest  into  effect ;  and  that 
the  annual  interest  accruing  on  the  stock  aforesaid  shall  be  in  like  manner 
invested  for  the  benefit  of  said  institution." 

Mr.  FILLMORE  asked,  that  as  the  bill  contained  no  appro- 
priation, and  need  not  therefore  be  committed,  it  be  put  on 
_its  third  reading  now. 

The  bill  was  read  a  third  time  and  passed. 


246  CONGRESSIONAL    PROCEEDINGS. 

HOUSE  OF  REPRESENTATIVES,  September  9,  1841. 
On  motion  of  Mr.  ADAMS,  the  House  took  up  the  bill 
providing  for  the  repeal  of  so  much  of  the  sixth  section  of 
the  Military  Academy  act  of  1'838,  as  provides  for  the  invest- 
ment of  the  Smithsonian  funds  in  State  stocks;  and  the 
Senate  amendments  thereto  were  amended  in  several 
respects,  and  the  hill  was  returned  to  the  Senate. 

HOUSE  OF  REPRESENTATIVES,  September  10,  1841. 

The  House  proceeded  to  the  consideration  of  the  message 
from  the  Senate  in  relation  to  the  amendments  of  this 
House  to  the  amendment  of  the  Senate  to  tin-  hill  No.  34, 
entitled  "  An  act  to  repeal  the  sixth  section  of  the  act 
entitled  *  An  act  to  provide  for  the  support  of  the  Military 
Academy  for  the  year  1838,  and  for  other  purposes/  and  to 
prohibit  the  investment  of  the  funds  of  the  United  States 
in  stocks  of  the  several  States,"  when  it  was 

Resolved,  That  this  House  concur  in  the  amendmenl  of 
the  Senate  to  the  first  amendment  of  this  House  to  the 
amendment  of  the  Senate  to  said  bill,  and  recede  from  tlu-ir 
second  amendment  to  the  amendment  of  the  Senate  to  said 
bill,  and  that  the  bill  do  pass  accordingly. 

A  message  was  received  from  the  Senate  in  relation  to 
the  amendments  of  the  House  to  Senate  Bill  No.  34. 

HOUSE  OF  REPRESENTATIVES,  September  11,  1841. 
Mr.  RANDOLPH,  from  the  Committee  on  Enrolled  Bills, 
reported  that  the  committee  had  examined  the  l>ill   repeal- 
ing the  sixth  section  of  the  act  of  1838,  and  had  found  the 
same  to  be  correct,  whereupon  it  received  the  signature  of 
the  Speaker  and  the  approval  of  the  President. 


SEPTEMBER  9,  1841. 
Report  of  7.  Ewing,  Secretary  of  Treasury. 

State  Stocks  held  by  the  Treasury  Department,  in  trust  for  the  Smithsonian 

Institution. 

Of  what  States.                    Amount  of  Stock.  Cost. 

Arkansas $500,000  $499,500  00 

Arkansas 10,000  10.00000 

Arkansas 13,000  12,837  50 

Arkansas 15,000  10,55500 

Illinois 26,000  18,98000 

Illinois 6,000  4,22300 

Illinois 24,000  19,20000 

Michigan 8,000  8,270  67 

Ohio 18,000  16,98000 


$620,000  $600,980  17 


TWENTY-SEVENTH    CONGRESS,    1841-43.  247 

PROCEEDINGS  IN  THE  SENATE. 

SENATE,  December  7,  1841. 
Message  of  tke  President,  John  Tyler.   - 

*  *  *  *  I  suggest  for  your  consideration  the  propri- 
ety of  making  without  further  delay,  some  specific  applica- 
tion of  the  funds  derived  under  the  will  of  Mr.  Smithson, 
of  England,  for  the  diffusion  of  knowledge;  and  which 
have  heretofore,  been  vested  in  public  stocks,  until  such 
time  as  Congress  should  think  proper  to  give  them  a  specific 
direction.  Nor  will  you,  I  feel  confident,  permit  any  abate- 
ment of  the  principal  of  the  legacy  to  be  made,  should  it 
turn  out  that  the  stocks,  in  which  the  investments  have  been 
made  had  undergone  a  depreciation.  *  *  *  * 

SENATE,  December  29,  1841. 

On  motion  by  Mr.  Preston,  ordered  that  the  above  part 
of  the  President's  message  be  referred  to  the  Committee  on 
Library. — Messrs.  Preston,  Tappan,  Choate. 

SENATE,  April  11,  1842. 

Mr.  PRESTON,  from  the  Committee  on  the  Library,  reported 
a  bill  (S.  224,)  to  invest  the  proceeds  of  the  Smithsonian 
fund,  and  to  establish  the  Smithsonian  Institution.  Read 
and  passed  to  a  second  reading. 

SENATE,  July  18,  1842. 

The  bill  (S.  224)  was  read  the  second  time,  and  consid- 
ered as  in  Committee  of  the  Whole.  On  motion  of  Mr. 
Allen,  it  was  ordered  that  it  lie  on  the  table. 

[This  bill  is  the  same  as  S.  No.  259,  introduced  into  the  Senate  by  Mr. 
Preston,  from  the  Committee  on  the  Library,  on  February  17,  1841.] 


PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  December  10,  1841. 

Mr.  FILLMORE  offered  a  resolution  for  the  appointment  of  a 
select  committee  on  the  Smithsonian  legacy. 

Adopted,  and  Mr.  John  Quincy  Adams  of  Mass.,  Mr. 
Richard  W.  llabersham  of  Georgia,  Mr.  Truman  Smith 
of  Conn.,  Mr.  Joseph  R.  Underwood  of  Ky.,  Mr.  Benja- 
mine  Randall  of  Me.,  Mr.  Chas.  J.  Ingersoll  of  Penna., 
Mr.  Robert  M.  T.  Hunter  of  Va.,  Mr.  Geo.  S.  Houston  of 
Ala.,  and  Mr.  Sam'l  S.  Bowne  of  N.  Y.,  were  appointed 
said  committee. 


248  CONGRESSIONAL    PROCEEDINGS. 

HOUSE  OF  REPRESENTATIVES,  December  15,  1841. 

Mr.  WM.  COST  JOHNSON,  presented  the  memorial  of  sun- 
dry citizens  of  Washington  city,  praying  an  early  disposition 
of  the  funds  of  the  Smithsonian  bequest,  in  conformity  with 
the  wishes  of  the  donor. 

Referred  to  the  select  committee  on  the  Smithsonian  be- 
quest. 

HOUSE  OF  REPRESENTATIVES,  January  3,  1842. 

Resolved,  That  so  much  of  the  message  of  the  President 
of  the  United  States  as  relates  to  the  Smithsonian  legacy, 
be  referred  to  the  select  committee  on  that  subject. 

HOUSE  OF  REPRESENTATIVES,  March  29,  1842. 

Mr.  CHAS.  J.  INGERSOLL  presented  a  memorial  of  Richard 
Rush,  praying  additional  compensation  for  his  services  in 
recovering  the  Smithsonian  legacy. 

Referred  to  the  committee  on  the  bequest. 

Mr.  ADAMS  presented  a  petition  of  B.  Birdsall,  of  the 
State  of  New  York,  praying  that  a  part  of  the  funds  of  the 
Smithsonian  bequest,  be  appropriated  for  the  purpose  of 
awarding  annual  prizes  for  the  best  original  essays  on  the 
various  subjects  of  the  physical  sciences. 

Referred  to  the  Committee  on  the  bequest. 

The  following  is  the  petition  : 

Your  petitioner  prays  that  a  part  of  the  funds  of  the 
"  Smithsonian  bequest "  may  be  appropriated  for  the  pur- 
pose of  establishing  and  awarding  a  system  of  annual  prizes 
for  the  best  original  essays  on  the  various  subjects  of  the 
physical  sciences,  useful  arts,  and  abstract  mathematics,  &c., 
&c.,  and  for  such  new  discoveries  in  art  or  science  as  shall 
do  honor  to  the  nation;  the  subjects  of  the  prizes  to  be  given 
or  proposed  by  a  competent  committee. 

Your  petitioner  entertains  the  opinion  that  some  such 
system  as  the  one  prayed  for  would  exert  a  most  powerful 
influence  in  favor  of  science  in  this  country,  and  would 
operate  as  an  excellent  stimulant  to  those  who  are  disposed 
to  honor  their  country,  in  cultivating  and  promoting  those 
branches  of  useful  science  which  serve  to  work  out  the  dis- 
tinction between  the  savage  and  civilized  state. 

For  this  your  petitioner  most  respectfully  prays. 

B.  BIRDSALL. 

CLINTON,  February  9,  1842. 


TWENTY-SEVENTH    CONGRESS,    1841-43.  249 

HOUSE  OF  REPRESENTATIVES,  April  12,  1842. 

Mr.  ADAMS,  from  the  committee  appointed  December  10, 
"1841,  made  the  following  report,  accompanied  by  a  bill  (H. 
R.  386)  which  was  read  the  first  and  second  time,  and  com- 
mitted to  the  committee  of  the  whole  House  on  the  State  of 
the  Union  : 

The  select  committee,  to  whom  was  referred  so  much  of  the 
message  of  the  President  of  the  United  States,  at  the 
commencement  of  the  present  session,  as  relates  to  the 
bequest  of  James  Smithson  to  the  United  States  for  the 
foundation  and  establishment,  at  the  city  of  Washington, 
of  an  institution  for  the  increase  and  diffusion  of  knowl- 
edge among  men,  respectfully  submit  to  the  House  the 
following  report : 

The  seventh  year  is  already  considerably  advanced  in  its 
course  since  the  then  President  of  the  United  States,  on  the 
17th  of  December,  1835,  communicated,  by  message,  to 
both  Houses  of  Congress  the  fact  of  this  bequest,  with  a 
copy  of  the  will  of  James  Smithson,  in  which  it  was  con- 
tained ;  and  with  the  remark  that,  the  Executive  having  no 
authority  to  take  any  steps  for  accepting  the  trust,  and 
obtaining  the  funds,  the  papers  were  communicated  with  a 
view  to  such  measures  as  Congress  might  deem  necessary. 

This  message,  with  its  accompanying  correspondence  and 
vouchers,  was  referred  in  the  Senate  to  their  committee  on 
the  judiciary,  and  in  the  House  of  Representatives  to  a 
select  committee  of  nine  members,  both  of  which  commit- 
tees reported  in  favor  of  the  acceptance  by  Congress  of  the 
bequest,  and  of  assuming,  for  the  people  of  the  United 
States,  the  solemn  obligation  of  preserving  inviolate  the 
fund  bequeathed  by  the  testator,  and  of  applying  the  in- 
come derived  therefrom  faithfully  to  the  purposes  prescribed 
by  him. 

"  Accordingly,  on  the  1st  of  July,  1836,  a  bill  which  had 
previously  been  passed  by  both  Houses  of  Congress  received 
the  sanction  of  the  President,  authorizing  him  to  appoint 
an  agent  or  agents  to  recover  the  funds  bequeathed  by  the 
will  of  the  testator,  and  then  being  in  charge  of  the  court 
of  chancery  of  Great  Britain,  and  to  deposit  the  same  in 
the  Treasury  of  the  United  States ;  and  the  faith  of  the 
United  States  was,  by  the  same  act,  expressly  pledged  for 
the  faithful  performance  of  the  trust  assumed  by  the  accept- 
ance of  the  bequest. 

An  agent  was  appointed  by  virtue  of  this  act,  who  recov- 
ered, by  a  decree  of  the  court  of  chancery,  a  sum,  which, 


250  CONGRESSIONAL  PROCEEDINGS. 

on  the  first  of  September,  1838,  was  deposited  in  gold  at 
the  mint  of  the  United  States  at  Philadelphia,  amounting 
to  five  hundred  and  eight  thousand  three  hundred  and 
eighteen  dollars  and  forty-six  cents. 

By  the  sixth  section  of  the  act  of  Congress  for  the  sup- 
port of  the  Military  Academy  of  the  United  States  and  tor 
other  purposes,  approved  on  the  7th  of  July,  1838,  it  was 
provided  that  all  the  money  arising  from  the  bequest  of  the 
late  James  Smithson,  of  London,  for  the  purpose  of  found- 
ing at  Washington,  in  this  District,  an  institution  to  he 
denominated  the  Smithsonian  Institution,  which  might  Un- 
paid into  the  Treasury,  was  appropriated,  and  should  be  in- 
vested by  the  Secretary  of  the  Treasury,  with  the  approba- 
tion of  the  President  of  the  United  States,  in  stocks  of 
States,  bearing  interest  at  the  rate  of  not  less  than  five  per 
centum  per  annum ;  which  said  stocks  should  IK-  held  hy 
the  said  Secretary  in  trust  for  the  uses  specified  in  the  last 
will  and  testament  of  said  Smithson,  until  provision  should 
be  made  by  law  for  carrying  the  purpose  of  said  beqn«->t 
into  effect:  and  that  the  annual  interest  accruing  on  tho 
stock  aforesaid  shall  be  in  like  manner  invested  for  the  ben- 
efit of  said  institution. 

Under  the  authority  and  the  requisition  of  this  act,  im- 
mediately after  the  deposit  at  the  mint  of  the  United  States 
at  Philadelphia  of  the  moneys  recovered  by  the  decree  of 
the  court  of  chancery  in  England,  the  Secretary  of  the 
Treasury  invested  in  stocks  ot  the  State  of  Arkansas  live 
hundred  thousand  dollars,  and  eight  thousand  dollars  in 
stocks  of  the  State  of  Michigan,  all  at  the  interest  of  six 
per  cent.;  since  which  time,  by  the  same  authority,  $3,800 
of  the  stocks  of  the  State  of  Arkansas,  $3,600  of  the  State 
of  Illinois,  $18,000  of  the  State  of  Ohio,  have  been  invested 
in  like  manner,  until  the  llth  of  September  last,  when  the 
provision  of  the  law  which  authorized  and  required  the 
Secretary  of  the  Treasury  to  invest  the  accruing  interest  on 
the  principal  fund  in  the  stock  of  the  States  was  repealed, 
and  he  was  directed,  until  Congress  shall  appropriate  said 
accruing  interest  to  the  purposes  described  by  the  testator, 
for  the  increase  and  diffusion  of  knowledge  among  men,  to 
invest  said  accruing  interest  in  any  stock  of  the  United 
States  bearing  a  rate  of  interest  not  less  than  five  per  cent- 
um per  annum.  Under  this  authority  the  Secretary  of  the 
Treasury  did  invest  the  sum  of  $1,291.86,  at  the  rate  of  5J 
per  cent,  a  year — a  rate  of  interest  more  parsimonious  for 
the  benefit  of  the  Treasury  than  liberal  for  the  benefit  of 
this  generous  and  bountiful  fund. 


TWENTY-SEVENTH    CONGRESS,    1841-43.  251 

The  five  hundred  bonds,  of  $1,000  each,  of  the  State  of 
Arkansas,  issued  to  the  Bank  of  the  State  of  Arkansas,  are 
not  redeemable  before  the  26th  of  October,  1860 ;  and  the 
thirty-eight  bonds  subsequently  issued  to  the  Real  Estate 
Bank  of  the  State  of  Arkansas  not  before  the  1st  of  Janu- 
ary, 1861. 

The  eight  bonds  of  the  State  of  Michigan  are  not  redeem- 
able before  the  first  Monday  of  July,  1858. 

Twenty-three  thousand  dollars  of  the  bonds  of  the  State 
of  Illinois  are  not  redeemable  before  the  end  of  1860  ;  and 
thirty-three  thousand  dollars  not  before  the  1st  of  January,. 
1870. 

Eighteen  thousand  dollars  of  the  bonds  of  the  State  of 
Ohio  are  not  redeemable  before  the  1st  of  January,  1861. 

The  sum  of  one  thousand  two  hundred  and  ninety-one 
dollars  and  eighty-six  cents,  due  by  the  United  States,  is 
redeemable  at  their  pleasure  after  the  31st  of  December, 
1844. 

In  the  bill  herewith  reported,  it  is  proposed  to  settle  three 
fundamental  principles  for  the  administration  and  manage- 
ment of  the  fund  in  all  after  time. 

1st.  That  the  principal  fund  shall  be  preserved  arid  main- 
tained unimpaired,  with  an  income  secured  upon  it  at  the 
rate  of  6  per  cent,  a  year,  from  which  all  appropriations  for 
the  purposes  of  the  founder  shall  be  made. 

2d.  That  the  portions  of  the  income  already  accrued,  and 
invested  in  stocks  of  the  States  of  Arkansas,  Michigan,  II if- 
nois,  and  Ohio,  shall  be  constituted  funds,  from  the  annual 
interest  of  which  an  astronomical  obser vator,  with  four 
assistants,  and  necessary  laborers,  shall  be  appointed  and 
maintained,  without  expense  to  this  nation,  and  with  a  con- 
siderable increase  of  the  principal  fund  and  of  its  annual 
income — a  principle  susceptible  of  extension  to  future  appli- 
cation, which  may  continually  increase  at  the  discretion  of 
Congress  the  means  and  capabilities  of  the  institution  to 
promote  and  accomplish  the  great  purposes  of  the  founder. 

The  establishment  of  this  principle  will  have  the  further 
advantage  of  relieving  the  board  of  overseers  from  the 
necessity  of  using  the  bonds  of  the  States  of  Arkansas, 
Michigan,  Illinois,  and  Ohio,  none  of  which  are  redeemable 
before  the  year  1858.  The  annual  interest  upon  them,  it 
cannot  be  doubted,  will  be  hereafter,  as  it  has  been  hitherto, 
punctually  paid ;  and,  independent  of  the  faith  of  the  seve- 
ral States,  respectively  pledged  to  this  punctuality,  the  4th 
section  of  the  act  of  4th  September,  1841,  to  appropriate 
the  proceeds  of  the  sales  of  the  public  lands  and  to  grant 


252  CONGRESSIONAL    PROCEEDINGS. 

preemption  rights,  has  furnished  to  those  States  the  means 
of  paying  punctually,  not  only  the  annual  interest,  but  at 
the  stipulated  time  the  principal  itself,  of  their  bonds  with- 
out bearing  upon  the  people  of  the  States  for  the  pressure 
of  a  single  dollar. 

The  third  principle  proposed  to  be  made  by  the  bill 
fundamental,  for  the  future  management  of  this  fund,  is, 
that  no  part  of  the  sums  appropriated  from  this  fund  shall 
be  applied  to  any  institution  of  education  or  religious  estab- 
lishment, The  reasons  for  this  exclusion  have  been  svt 
forth  at  large  in  the  document  hereto  annexed,  and  which 
the  committee  present  as  a  part  of  their  report,  They  sub- 
mit especially  the  argument  contained  in  the  report  made 
to  this  House  on  the  5th  of  March,  1840,  with  confidence 
in  the  opinion  that  the  appropriation  of  any  portion  of  the 
fund  to  such  institutions  or  establishments,  however  merito- 
rious, could  not  fail  to  divert  the  fund  from  the  real  purposes 
of  the  testator. 

Annexed  hereto  are  copies  of  the  bonds  of  the  several 
Slates,  taken  under  the  requirements  of  the  act  of  Congress 
of  7th  July,  1838,  and  of  the  United  States,  taken  by  au- 
thority of  the  act  of  llth  September,  1841,  with  a  tabular 
statement  of  the  present  condition  of  the  funds. 

Appendix  to  report  of  Mr.  ADAMS  : 

UNITED  STATES  OF  AMERICA, 

STATE  OF  ILLINOIS. 

•$1,000.]  Interest  six  per  cent.  [$1,000. 

CERTIFICATE  OF  ILLINOIS. 

No.  299.]  Internal  improvement  stock.  [No.  299. 

Know  all  men  by  these  presents,  that  there  is  due  from  the  State  of  Illinois  to 
Thomas  Mather,  or  bearer  one  thousand  dollars,  with  interest,  at  the  rate  of  six 
per  cent,  per  annum  payable  half  yearly,  on  the  first  Mondays  of  January  and 
July,  at  the  banking  house  of  the  Bank  of  the  United  States  in  New  York  on 
presentation  and  surrender  of  the  annexed  warrants  The  principal  is  reim- 
bursable at  the  said  banking  house,  at  the  pleasure  of  the  State,  after  the  first 
•day  of  January,  1870. 

For  the  performance  of  all  which  the  faith  of  the  State  of  Illinois  is  irrevoca- 
bly pledged,  agreeably  to  "  An  act  to  establish  and  maintain  a  general  system 
of  internal  improvements."  approved.  February  27.  1837,  and  amendments 
thereto  approved  March  2,  18'  9.  and  February  1  and  3,  1840. 

Witness  my  hand,  at  Springfield,  this  1st  day  of  May.  1840. 

RICH'D  F.  BARRET, 
Fund  Commissioner. 

20  bonds  of  this  description— 6  numbered  261  to  266  inclusive,  and  the  residue 
numbered  287  to  300  inclusive. 

UNITED  STATES  OF  AMERICA. 

STATE  or  ARKANSAS. 
No.  100.]  A.  [$1,000. 

Real  Estate  Bank  of  the  State  of  Arkansas. 

.Under  an  act  of  the  General  Assembly,  entitled  "  An  act  to  establish  the  Real 
.Estate  Bank  of  the  State  of  Arkansas,''  approved  October  26,  1836,  and  an  act 


1841-43.  253 

supplementary  thereto,  entitled  "  An  act  to  increase  the  rate  of  interest  on 
the  bonds  of  the  State  issued  to  the  Real  Estate  Bank  of  the  State  of  Arkan- 
sas," approved  December  19, 1837. 

Six  per  cent,  stock. 

Know  all  men  by  these  presents  that  the  State  of  Arkansas  acknowledges  to- 
be  indebted  to  the  Real  Estate  Bank  of  tha  State  of  Arkansas  in  the  sum  of  one 
thousand  dollars;  which  sum  the  said  State  of  Arkansas  promises  to  pay.  in 
current  money  of  the  United  States,  to  the  order  of  the  president,  directors,  and 
company  of  said  bank  on  the  twenty-sixth  day  of  October,  one  thousand  eight 
hundred  and  sixty-one  with  interest,  at  the  rate  of  six  per  cent   per  annum, 
payable  half  yearly,  at  the  place  named  in  the  endorsement  her<=  to,  on  the  first 
days  of  January  and  Jnly  of  each  year,  until  the  payment  of  said  principal. 
In  testimony  whereof,  the  Governor  of  1  he  Slate  of  Arkansas  has  signed,  and 
the  treasurer  of  the  State  has  countersigned  these  presents,  and  caused 
Ik.  s.]    the  seal  of  the  State  to  be  fixed  thereto,  at  Little  Rock,  this  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-eight. 

SAM.  C.  ROANE,  Governor. 
Countersigned: 

WM.  E,  WOODRUFF.  Treasurer. 
500  bonds  of  this  description,  numbered  1  to  500,  inclusive. 


UNITED  STATES  OF  AMERICA. 
STATE  OF  ARKANSAS. 

$1,000.1  N    294  r  $1,000. 

£225.}  1    £225. 

Bank  of  the  State  of  Arkansas. 

Six  per  cent,  stock. 

Under  an  act  of  the  General  Assembly  of  the  State  of  Arkansas,  entitled  "  An 

act  supplemental  to  an  act  to  establish  the  State  Bank  of  Arkansas,"  approved 

December  18, 1837. 

Know  all  men,  that  the  State  of  Arkansas  acknowledges  to  be  indebted  to  the 
president  and  directors  of  the  Bank  of  the  State  of  Arkansas  in  the  sum  of  one 
thousand  dollars;  which  sum  the  said  State  of  Arkansas  promises  to  pay,  in 
current  money  of  the  United  States,  to  the  order  of  the  president  and  directors 
of  said  bank,  on  the  first  day  of  January,  one  thousand  eight  hundred  and 
sixty-eight  with  interest  at  the  rate  of  six  per  cent,  per  annum,  payable  half 
yeai'ly  at  the  place  named  in  the  endorsement  hereto,  on  the  first  day  of  July 
and  of  January,  of  each  year,  until  the  payment  of  said  principal. 

In  testimony  whereof,  the  Governor  of  the  State  of  Arkansas  has  signed,  and 
the  treasurer  of  the  State  has  countersigned,  these  presents,  and  caused 

r        -,    the  seal  of  the  State  to  be  fixed  thereto,  at  Little  Roc* ,  this  first  day  of 

IL,.  b.j    january  t  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-eight, 

SAM.  C.  ROANE,  Governor. 

Countersigned : 

WM.  E.  WOODRUFF,  Treasurer. 

These  bonds  have  been  assigned  to  the  Secretary  of  the  Treasury. 

38  bonds  of  this  description— 13  numbered  282  to  294,  inclusive;  15  numbered 
359  to  373,  inclusive ;  and  10  numbered  401  to  410,  inclusive. 


SPECIAL  CERTIFICATE. 

DETROIT  AND  PONTIAC  KAILROAD  STATE  STOCK, 
STATE  OF  MICHIGAN. 

$1,000.]  Six  per  cent,  stock.  [No.  92. 

Know  all  men  by  these  presents,  that  the  State  of  Michigan  acknowledges  to 
owe  to  the  Detroit  and  Pontiac  Railroad  Company  the  sum  of  one  thousand 
dollars,  lawful  money  of  the  United  States  of  America,  which  sum  of  money 
the  said  St'te  promises  to  pay  to  the  said  Detroit  nnd  Pontiac  Railroad  Com- 
pany or  to  their  order  at  i\\-.  Manhattan  Bank,  in  the  city  of  New  Yor*c ,  on  the 
first  Monday  of  July,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-eight  or  at  any  time  thereafter  that-  the  State  may  choose,  with  interest 
thereon .  at  the  rate  of  six  per  centum  per  annum,  payable  at  the  said  Manhattan 
Bank  half  yearly,  upon  presentation  and  the  delivery  of  the  coupons  severally 
hereunto  annexed,  to  wit:  on  the  first  Monday  of  January  and  the  first  Monday 
of  July,  in  each  and  every  year,  until  the  payment  of  the  said  principal  sum 

The  faith  and  credit  of  the  people  of  the  said  State  are  hereby  solemnly 
pledged  for  the  payment  of  the  interest  and  the  redemption  of  the  principal 
thereof,  in  accordance  with  the  provisions  of  the  act  entitled  "  An  act  to  provide 


254  CONGRESSIONAL  PROCEEDINGS. 

for  the  relief  of  the  Detroit  and  Pontiac  Railroad  Company."  approved  March 

5'&  testimony  whereof,  the  Treasurer  of  the  State  of  Michigan  has  signed  this 

,    certificate,  and  has  hereuntoafflxed  the  seal  of  his  office,  tins  nrst  day 

[L.  s.]    of  Mayt  in  t,he  year  of  our  Lord  one  thousand  eight  hundred  and  i  hirt  y  - 

€ight<  HENRY  HOWARD, 

Treasurer  of  th".  tit'ite  of  Michi'ian. 

8  bonds  of  this  description— 1  numbered  76;  the  residue  numbered  86  to  92,  in- 
•  elusive. 

$1,000.]  [$1,000. 

UNITED  STATES  OF  AMERICA, 

STATE  OF  ILLINOIS. 

No.  83. 

Six  per  cent,  stock,  interest  half  yearly. 

ILLINOIS  BANK  AND  INTERNAL  IMPROVEMENT  STOCK. 
Know  all  men  by  these  presents,  that  there  is  due  from  the  State  of  Illinois  to 
the  Ban*  of  Illinois,  or  bearer,  one  thousand  dollars,  lawful  money  of  the 
United  States,  with  interest,  at  the  rate  of  six  per  centum  per  Hiiiium.  payable 
half  yearly  on  the  first  Mondays  of  January  an-i  July,  at  the  Bank  of  the  United 
States  in  Philadelphia,  or  at  its  agency  tn  New  York,  at  the  option  of  the  ho  der, 
on  the  presentation  and  surrender  of  the  annexed  warrants.  Tin;  principal  is 
reimbursable  at  either  of  the  above  places,  at  the  pleasure  of  tin-  Mate  after  the 
yearlSW).  For  the  performance  of  all  which  the  faith  of  tho  state  of  Illinois, 
is  irrevocably  pledged,  as  also  a  like  amount  of  the  stock  in  the  Bank  of  Illinois, 
agreeably  to  •'  An  act  supplementary  to  an  act  to  increase  the  capitol  stoc  c  of 
certain  banks,  and  to  provide  means  to  pay  the  interest  on  a  loan  authorized  by 
mi  act  entitled  an 'Act  to  establish  and  maintain  a  general  system  of  Internal 
improvement,'  "  approved  March  4,  1837. 

In  witness  whereof  the  Governor,  auditor,  and  treasurer  of  tin-  state  of  Illi- 
r  -,  nois  have  signed  this  certificate,  and  have  caused  the  seal  of  the  said 
l*"S-J  state  to  be  hereunto  affixed,  this  31st  day  of  July,  1837. 

JOSEPH  DUNCAN,  Governor. 
LEVI  DAVIS,  Auditor. 
JOHN  D.  WHITESIDE,  Trennurer. 

13  bonds  of  this  description— I  numbered  70,71,73,74,  and  the  residue  num- 
bered 81  to  89,  inclusive. 

UNITED  STATES  OF  AMERICA, 

STATE  OF  ILLINOIS. 

$1,000.]  Interest  six  per  cent.  [$1,000. 

CERTIFICATE  OF  ILLINOIS. 

No.  2,460.]  Internal  improvement  stock.  [No.  2,400. 

Know  all  men  by  these  presents,  that  there  is  due  from  the  State  of  Illinois  to 
Neyins,  Townsend  &  Co.,  or  bearer,  one  thousand  dollars,  lawful  money  of  the 
United  States,  with  interest,  at  the  rate  of  six  per  centum  per  annum,  payable 
half  yearly,  on  the  first  Mondays  of  January  and  July,  at  the  bank  01  tho 
United  States  in  Philadelphia,  or  at  its  agency  in  New  York,  at  the  option  oi 
the  holder,  on  the  presentation  and  surrender  of  the  annexed  warrants  The 
principal  is  reimbursable  ar,  either  of  the  above  places  at  the  pleasure  of  the 
state,  after  the  first  day  of  January.  1870.  For  the  p  rformance  of  all  which  the 
faith  of  the  State  ot  Illinois  is  irrevocably  pledged,  agreeaoly  to  "An  act  to  es- 
tablish and  maintain  a  general  sysiem  of  internal  improvements,"  approved 
February  27, 1837. 

Witness  our  hands,  at  Vandalia,  this  first  day  of  January,  1838. 

CHAS.  OAKLEY.       ) 
M  M.  RAWLINGS,     >-  Commissioners. 
THOMAS  MATHER,  ) 
LEVI  DAVIS,  Auditor. 

3  bonds  of  this  description,  2,457,  2,459,  2,460. 

UNITED  STATES  OF  AMERICA, 

$1,000.]  STATE  OF  ILLINOIS  [$1,000. 

Six  per  cent,  stock,  interest  half  yearly. 

ILLINOIS  AND  MICHIGAN. 

Canal  stock.     No.  1,241. 

Know  all  men  by  these  presents,  that  there  is  due  from  the  State  of  Illinois  to 
the  State  Bank  of  Illinois,  or  bearer,  one  thousand  dollars,  lawful  money  of  the 


TWENTY-SEVENTH     CONGRESS,    1841-43,  255 

United  States,  with  interest,  at  the  rate  of  six  per  centum  per  annum,  payable 

half  yearly,  on  the  first  Mondays  of  January  and  July,  at  the  bank  of  the  United 

States  in  Philadelphia,  or  at  its  agency  in  New  York,  at  the  option  of 'the  holder, 

on  the  presentation  and  surrender  of  the  annexed  warrants     The  principal  is 

reimbursable  at  either  of  the  above  places,  at  the  pleasure  of  the  State,  after  the 

year  1800.    For  the  performance  of  all  which  the  faith  of  the  State  of  Illinois  is 

irrevocably  pledged,  as  also  the  property,  tolls,  and  revenues  of  the  Illinois  and 

Michigan  canal   agreeably  to  an  act,  entitled  "An  act  for  the  construction  ol 

the  Illinois  and  Michigan  canal."  approved  ttie  9th  January,  1886. 

In  witness  whereof,  the  Governor,  auditor,  and  treasurer  of  the  State  of  Illi- 

fT   _  i    nois,  have  signed  this  certificate,  and  have  caused  the  seal  of  the  said 

LJj'  h'-l    State  to  be  hereunto  affixed,  this  1st  day  of  July,  1839. 

THO.  CABLIN,  Governor. 
LEVI  DAVIS,  Auditor. 
JOHN  D.  WHITESIDB,  7^-easurer. 
10  bonds  of  this  description,  numbered  1,237  to  1,246,  inclusive. 


UNITED  STATES  OF  AMERICA, 

$1,000.]  STATE  or  ILLINOIS.  [$1,000. 

Interest    six    per   cent. 

CERTIFICATE    OF  ILLINOIS. 

No.  2,636.]  [No.  2,636. 

Internal  improvement  stock. 

Know  all  men  by  these  presents,  that  there  is  due  from  the  State  of  Illinois  to 

,  or  bearer,  one  thousand  dollars,  with  interest,  at  the  rate  of  six  per 

cent,  per  annum,  payable  half  yearly,  on  the  first  Mondays  of  January  and  July, 
at  the  banking  house  of  the  agency  of  the  Bank  of  the  United  States  in  New 
York,  on  presentation  and  surrender  of  the  annexed  warrants.  The  principal 
is  reimbursable  at  the  said  banking  house,  at  the  pleasure  of  the  State,  after  the 
1st  day  of  January,  1870. 

For  the  performance  of  all  which  the  fa:ith  of  the  State  of  Illinois  is  irrevo- 
cably pledged,  agreeably  to  "An  act  to  establish  and  maintain  a  general  system 
of  internal  improvement,"  approved  February  27,  1837,  and  an  amendment,  ap- 
proved March  2, 1839. 

Witness  our  hands,  at  Vandalia,  this  1st  day  of  July,  1839. 

CHAS.  OAKLEY,         |  , •ftntvn,-e.jnna~9 
JOHN  TILLSON,  JR.  j  Commissioners. 

10  bonds  of  this  description,  numbered  2,629,2,632.2,634,  2,636,  2,639,2648,2,658, 
2,660,  2,6bl,  2,664. 


STATE  OE  OHIO  CANAL  STOCK. 

Transfer  Office,  Office  of  the  Ohio  Life  Insurance  and  Trust  Company,  in  the  city  of  New  York, 

August  7, 1841. 

Be  it  known,  that  the  State  of  Ohio  owes  to  the  Secretary  of  the  Treasury  of 
the  United  States,  in  trust  for  the  Smithsonian  fund,  or  his  assigns,  the  sum  of 
five  thousand  dollars,  bearing  interest  at  the  rate  of  six  per  centum  per  annum, 
from  tne  first  day  of  July.  1841,  inclusively,  payable  at  this  office  half  yearly  on 
the  first  days  of  the  months  of  January  and  July,  being  stock  created  in  pursu- 
ance of  sundry  acts  of  the  Legislature  of  the  State  of  Ohio  passed  March  24th, 
1837,  the  principal  of  which  stoca  is  reimbursable  at  the  pleasure  of  the  State, 
at  any  time  after  the  thirty-first  day  of  December,  in  the  year  I860  ;  which  debt 
is  recorded  in  this  office,  and  is  transferable  only  by  appearance  in  person  or 
by  attorney,  according  to  the  rules  and  forms  instituted  for  that  purpose. 
No.  3,179.    In  testimony  whereof,  I,  J.  N.  Perkins,  cashier  of  the  Ohio  Life  In- 
surance and  Trust  Company,  agent,  duly  appointed  for  that  purpose  by 
the  Commissioners  of  the  Canal  Fund  of  Ohio,  pursuant  to  authority 
[L.  s.]    vested  in  them  by  the  acts  aforementioned,  have  hereunto  subscribed 
my  name,  and  affixed  the  seal  of  said  commissioners,  the  day  and  year 
first  above  mentioned. 

$5,000.  J.  N.  PERKINS. 

SAM.  P.  BULL,  l^ansfer  Office. 


STATE  OF  OHIO  CANAL  STOCK. 

'Transfer  Office,  Office  of  the  Ohio  Life  Insurance  and  Trust  Company,  in  the  city  of  New  York 

August  6, 1341. 

Be  it  known,  that  the  State  of  Ohio  owes  to  the  Secretary  of  the  Treasury  of 
the  United  States  in  trust,  for  the  Smithsonian  fund,  or  his  assigns,  the  sum  of 
thirteen  thousand  dollars,  bearing  interest  at  the  rate  of  six  per  cemum  per 
annum,  from  the  first  day  of  July,  1841,  inclusively,  payable  at  this  office  half 
.yearly  on  the  first  day  of  the  months  of  January  and  July,  being  stock  created 


256  CONGRESSIONAL    PROCEEDINGS. 

In  pursuance  of  sundry  acts  of  the  Legislature  of  Ohio  passed  March  19, 1838.  and  ' 
March  23  1840  the  principal  of  which  stock  is  reimbursable  at  the  pleasure  of 
the  State  at  any  time  after  the  thirty-first  day  of  Decemher,  in  the  year  1860; 
which  debt  is  recorded  iu  this  office,  and  is  transferable  only  by  appearance  in 
person  or  by  attorney,  according  to  the  rules  and  forms  instituted  for  that  pur- 
No  3  176.    In  testimony  whereof,  I,  J.  N.  Perkins,  cashier  of  the  Ohio  Life  In- 
surance and  Trust  Company,  agent,  duly  appointed  for  that  purpose  by 
the  Commissioners  of  the  Canal  Fund  of  Ohio,  pursuant  to  authority 
[L.  s.l    vested  in  them  by  the  acts  aforementioned,  have  hereunto  subscribed 
my  name,  and  affixed  the  seal  of  said  commissioners,  the  day  and  year 
first  above  mentioned. 

J.  N.  PERKINS, 

Cavhier  Ohio  Life  In.  and  Trust  Co. 
SAM.  P.  BUL:L,  Transfer  Office. 
813,000. 


UNITED  STATES  LOAN  OF  1841. 

$1,291.86.  $1,291.86. 

No.  66.  No.  66. 

TREASURY  DEPARTMENT,  September  28.  1841. 

Be  it  known  that  there  is  due  from  the  United  States  of  America  unto  the  .Sec- 
retary of  the  Treasury,  for  the  time  being,  in  trust  for  the  Smithsonian  fund,  or 
his  assigns  the  sum  of  one  thousand  t'i'O  hundred  and  ninety-one  dollars  and  ei<iht</- 
six  cents,  dollars  bearing  interest  at  five  and  a  half  per  centum  per  annum,  from 
the  eighteenth  day  of  September.  1841,  inclusively,  payable  quarter  yearly. 
being  stock  created  in  pursuance  of  an  act  of  Congress  passed  on  the  21st  day  of 
luly.  1811.  entitled  "An  act  authorizing  a  loan  not  exceeding  the  sum  of  twelve 
millions  of  dollars,"  the  principal  of  which  stock  is  reimbursable  at  the  pleas- 
ure of  i  he  United  Males,  at  any  time  after  the  thirty  first  day  of  December.  1841 ; 
which  debt  is  recorded  in  and  transferable  at  the  office  of  the  Register  of  Treas- 
ury, by  appearance  in  person  or  by  attorney,  according  to  the  rules  and  forms 
nstituted  for  that  purpose. 

WALTER  FORWARD. 

Seci-etary  of  the  Treasury. 
Countersigned: 

T.  L.  SMITH,  Register. 


TWENTY-SEVENTH    CONGRESS,    1841-43. 


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258  CONGRESSIONAL    PROCEEDINGS. 

[H.  K.  No.  386.] 

A  BILL  to  provide  for  the  disposal  and  management  of  the  fund  be- 
queathed by  James  Smithson  to  the  United  States,  for  the  establishment 
of  an  institution  for  the  increase  and  diffusion  of  knowledge  among  men. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  President  of  the 
Senate  and  the  Speaker  of  the  House  of  Representatives  of  the  United 
States,  the  Chief  Justice  of  the  United  States,  the  Secretaries  of  State, 
Treasury,  War,  and  Navy,  the  Postmaster  and  Attorney  Generals,  the 
Chief  Justice  of  the  Circuit  Court  of  the  United  States  for  the  District  of 
Columbia,  and  the  Mayor  of  the  city  of  Washington,  shall  be,  and  hereby 
are,  constituted  a  body  politic  and  corporate,  by  the  style  and  title  of  the 
trustees  of  the  Smithsonian  Institution  for  the  increase  and  diffusion  of 
knowledge  among  men,  with  perpetual  succession,  and  the  usual  powers, 
duties,  and  liabilities,  incident  to  corporations. 

SEC.  2.  And  be  it  further  enacted,  That  the  corporation  so  constituted 
shall  have  power  to  appoint,  from  citizens  of  the  United  States  other  than 
members  of  the  board,  a  secretary  and  a  treasurer,  to  hold  their  offices 
during  the  pleasure  of  the  board,  and  removable  at  their  pleasure,  and 
others  to  be  appointed  in  their  places,  and  to  fix  from  time  to  time  their 
compensations.  And  the  secretary  and  treasurer  only  shall  receive  pecu- 
niary compensation  for  their  services,  and  those  of  the  members  of  the 
board  of  trustees  shall  be  gratuitous.  And  the  offices  of  secretary  and 
treasurer  may,  at  the  discretion  of  the  board  of  trustees,  be  held  by  the 
same  person.  The  secretary  and  treasurer  shall  be  sworn  to  the  faithful 
discharge  of  the  duties  of  their  respective  offices  ;  and  the  treasurer  shall 
give  bond,  with  the  penalty  of  fifty  thousand  dollar*,  with  sureties  to  the 
satisfaction  of  the  Secretary  of  the  Treasury,  for  the  safe  custody  and  faith- 
ful application  of  all  the  funds  of  the  Institution  which  may  come  to  his 
hands  or  be  at  his  disposal. 

SEC.  3.  And  be  it  further  enacted,  That  the  sum  of  five  hundred  and 
eight  thousand  three  hundred  and  eighteen  dollars  and  forty-six  cents, 
placed  in  the  Treasury  of  the  United  States  on  the  first  day  of  September, 
eighteen  hundred  and  thirty-eight,  as  the  proceeds,  in  part,  of  the  bequest 
of  James  Smithson  to  the  United  States,  together  with  all  sums  which  have 
been  or  may  hereafter  be  realized  from  the  said  bequest,  shall  be  passed 
hereafter  to  the  credit  of  a  fund,  to  be  denominated  the  Smithsonian  fund, 
in  the  Treasury  of  the  United  States.  And  the  faith  of  the  United  States 
is  hereby  pledged  for  the  preservation  of  the  said  fund  undiminished  and 
unimpaired,  to  bear  interest  at  the  rate  of  six  per  cent,  a  year,  payable 
half-yearly,  on  the  first  days  of  January  and  July,  to  the  treasurer  of  the 
board  of  trustees  of  the  Smithsonian  fund,  to  be  applied  to  the  purposes 
of  the  fund,  conformably  to  the  laws,  and  subject  to  the  revision  and  regu- 
lations of  the  board  of  trustees. 

SEC.  4.  And  be  it  further  enacted,  That  no  part  of  the  said  Smithsonian 
fund,  principal  or  interest,  shall  be  applied  to  any  school,  college,  univer- 
sity, other  institute  of  education,  or  ecclesiastical  establishment. 

SEC.  5.  And  be  it  further  enacted,  That  the  appropriations  to  be  made 
from  time  to  time  by  Congress,  to  the  purposes  of  the  Smithsonian  Institu- 
tion, as  declared  by  the  testator,  shall  be  exclusively  from  the  accruing 
interest,  and  not  from  the  principal,  of  the  said  fund;  but  Congress  shall 
retain  the  power  of  investing,  at  their  discretion,  the  principal  of  said  fund 
and  its  increase  in  any  other  manner,  so  as  to  secure  not  less  than  a  yearly 
interest  of  six  per  cent.,  and  may  appropriate,  from  any  other  unappVopri- 
nted  moneys  in  the  Treasury,  sums  to  an  amount  not  exceeding  six  years  of 
the  accruing  interest  on  the  Smithsonian  fund,  to  be  repaid  from  the 
said  accruing  interest  into  the  Treasury. 

SEC.  6.  And  be  it  further  enacted,  That  the  sum  of  thirty  thousand  dol- 
lars, part  of  the  accruing  interest  on  the  same  Smithsonian  fund,  be,  and 


TWENTY-SEVENTH    CONGRESS,    1841-43. 

ithe  same  is  hereby,  appropriated  towards  the  erection  and  establishment, 
at  the  city  of  Washington,  of  an  astronomical  observatory,  adapted  to  the 
most  effective  and  continual  observations  of  the  phenomena  of  the  heavens  ; 
to  be  provided  with  the  necessary,  best,  and  most  perfect  instruments  and 
books,  for  the  periodical  publication  of  the  said  observations,  and  for  the 
annual  composition  and  publication  of  a  nautical  almanac. 

SEC.  7.  And  be  it  further  enacted,  That  the  said  observatory  shall  be 
erected  under  the  direction  of  the  board  of  trustees,  on  a  site  in'the  city  of 
Washington,  to  be  selected  by  them;  and,  should  the  same  be  on  land  be- 
longing to  the  United  States,  so  much  thereof  as,  in  the  opinion  of  the 
trustees,  shall  be  necessary  for  the  purpose,  shall  be  conveyed  to  them,  in 
consideration  of  the  sum  of  ten  thousand  dollars,  taken  from  that  fund  by 
the  general  appropriation  act  of  third  March,  eighteen  hundred  and  thirty- 
nine  :  Provided,  That  if  no  such  suitable  site  can  be  found  on  the  public 
lands,  that  then  a  selection  of  a  site  on  private  property  may  be  made,  at  a 
price  not  exceeding  one-half  cent  per  square  foot ;  to  be  paid  out  of  the 
appropriation  in  the  immediately  preceding  section  of  this  act. 

SEC.  8.  And  be  it  farther  enacted,  That  all  expenditures  made  by  the  said 
board  of  trustees  shall  be  subject  to  the  approval  of  the  President  of  the 
United  States  ;  and  all  the  accounts  thereof  shall  be  reported  to  the  Secre- 
tary of  the  Treasury,  and  audited,  under  his  direction,  by  the  proper  officers 
of  the  Treasury  Department ;  and  the  said  board  shall  report  to  Congress, 
at  every  session  thereof,  the  state  of  the  Smithsonian  fund,  and  a  full 
statement  of  their  receipts  and  expenditures  during  the  preceding  year 

SEC.  9.  And  be  it  further  enacted,  That  the  first  meeting  of  the  trustees 
of  the  Smithsonian  fund  shall  be  held  at  the  city  of  Washington  on  the  third 

Tuesday  of next;    and  that,  in  the  mean  time,  the  custody  of  the  said 

fund,  and  the  expenditures  under  the  appropriations  herein  made,  shall  be 
held  and  authorized  by  the  Secretary  of  the  Treasury,  subject  to  the  appro- 
bation of  the  President  of  the  United  States. 

SEC.  10.  And  be  it  further  enacted,  That  there  shall  be  a  board  of  visitors, 
to  be  annually  appointed,  consisting  of  nine  members  ;  two  of  whom  to  be 
commissioned  officers  of  the  army,  to  be  appointed  by  the  Secretary  of 
War  ;  two  commissioned  officers  of  the  navy,  to  be  appointed  by  the  Sec- 
retary of  the  Navy ;  the  mayors  for  the  time  being  of  the  cities  of  Alex- 
andria and  of  Georgetown,  within  the  District  of  Columbia;  and  one  citi- 
zen of  each  of  the  cities  of  Washington,  Alexandria,  and  Georgetown, 
to  be  appointed  by  the  President  of  the  United  States  ;  who  shall  meet  on 
the  first  Monday  of  February,  at  eleven  o'clock,  before  noon,  at  the  said 
astronomical  observatory,  and  visit  and  inspect  the  condition  of  the  said 
observatory,  and  of  the  Smithsonian  Institution  generally.  They  shall 
choose  among  themselves  a  chairman,  and  shall  make  report  to  the  Presi- 
dent of  the  United  States  of  the  said  condition  of  the  institution,  specifi- 
cally indicating  in  what  respect  the  institution  has,  during  the  preceding 
year,  contributed  to  the  purpose  of  the  founder — the  increase  and  diffusion 
of  knowledge  among  men.  To  this  board  the  astronomical  observator  shall 
make  a  report  to  the  same  effect,  so  far  as  regards  the  astronomical  branch 
of  the  institution  ;  which  report  shall  be  annexed  to  that  of  the  board  to 
the  President  of  the  United  States,  who  shall  communicate  the  said  reports 
to  Congress.  The  services  of  the  members  of  the  said  board  shall  be  gra- 
tuitous. 

SEC.  11.  And  be  it  further  enacted,  That  there  is  reserved  to  Congress 
the  right  of  altering,  amending,  adding  to,  or  repealing,  any  of  the  provi- 
sions of  this  act,  which  shall  be  found  inconvenient  upon  experience :  Pro- 
vided, That  no  contract  or  individual  right,  made  or  acquired  under  such 
provisions,  shall  thereby  be  impaired  or  divested. 

SEC.  12.  And  be  it  further  enacted,  That  the  sum  of  sixty  thousand  dol- 
lars of  the  interest  accrued,  and  now  invested  in  bonds  of  the  State  of 

Arkansas  and ,  bearing  an  interest  at  the  rate  of  six  per  cent,  a  year, 

be,  and  it  is  hereby,  constituted  a  fund,  from  the  yearly  interest  of  which 


260  CONGRESSIONAL  PROCEEDINGS. 

the  compensation  shall  be  paid  of  an  astronomical  observator,  to  be 
appointed  by  the  board  of  overseers,  removable  at  their  discretion,  and 
another  to  be  appointed  whenever  the  said  office  may  be  vacant ;  his  com- 
pensation shall  be  at  the  rate  of  three  thousand  dollars  a  year,  and  six  hun- 
dred dollars  a  year  for  the  incidental  and  contingent  expenses  of  repairs 
upon  the  buildings,  as  they  may  be  required. 

SEC  13  And  be  it  further  enacted,  That  the  sum  of  one  hundred  and  twen- 
ty thousand  dollars,  from  the  interest  already  accrued  or  to  accrue  hereafter  to 
that  amount,  and  yielding  yearly  interest  at  the  rate  of  six  per  cent,  a  year, 
be,  and  is  hereby,  constituted  a  fund,  from  the  interest  of  which  four  assist- 
ants to  the  astronomer,  and  laborers  necessary  for  attendance  on  him,  for 
the  care  and  preservation  of  the  buildings,  shall  be  provided  and  supported. 
The  compensation  of  the  four  assistants  to  be  at  the  rate  of  fifteen  hundred 
dollars  a  year  each  ;  arid  the  compensation  of  the  laborers  (with  compensa- 
tions not  to  exceed  in  amount  for  the  whole  of  those  found  necessary)  twelve 
hundred  dollars  a  year;  the  assistants  and  laborers  to  be  appointed  and 
removable  by  the  said  board  of  trustees,  at  their  discretion. 

SEC.  14.  And  be  it  further  enacted,  That  the  sum  of  twenty  thousand  dol- 
lars, of  the  interest  hereafter  to  accrue  from  the  said  Smithsonian  fund,  be, 
and  is  hereby,  appropriated  to  furnish  an  assortment  of  the  best  and  most 
perfect  instruments  for  astronomical  observation,  to  be  procured  under  the 
direction  of  the  astronomical  observator,  to  be  appointed  conformably  to 
the  twelfth  section  of  this  act. 

SEC.  15.  And  be  it  further  enacted,  That  the  further  sum  of  ten  thousand 
dollars,  of  the  interest  to  accrue  on  the  said  fund,  be,  and  hereby  is,  con- 
stituted a  fund,  from  the  interest  of  which  other  instruments  may  be  from 
time  to  time  procured,  as  occasions  for  the  use  of  them  may  arise,  and  for 
repairs  of  instruments,  as  needed. 

SKC.  16.  And  be  it  further  enacted,  That  the  sum  of  ten  thousand  dollars, 
to  accrue  from  the  future  interest  on  the  said  fund,  be,  and  the  same  is 
hereby,  appropriated  for  the  purchase  of  a  library  of  books  of  science  and 
literature,  for  the  use  of  the  observatory,  to  be  selected  by  the  observator  ; 
and  the  further  sum  of  twenty  thousand  dollars,  of  the  said  interest  to 
accrue  from  the  said  fund,  is  hereby  constituted  a  fund,  from  the  yearly  in- 
terest of  which  the  sum  of  twelve  hundred  dollars  shall  be  applied  for  the 
constant  supply  of  new  works,  transactions  of  learned  societies,  and  period- 
ical publications  upon  science  in  other  parts  of  the  world  or  in  America. 

SEC.  17.  And  be  it  further  enacted,  That  the  further  sum  of  thirty  thou- 
sand dollars,  of  the  interest  hereafter  to  accrue  from  the  said  principal 
Smithsonian  fund,  be,  and  hereby  is,  constituted  a  fund,  from  the  income 
of  which,  being  eighteen  hundred  dollars  a  year,  shall  be  defrayed  the 
expense  of  the  yearly  publication  of  the  observations  made  at  the  observa- 
tory, and  of  a  nautical  almanac,  to  be  called  the  Smithsonian  almanac. 

SEC.  18.  And  be  it  further  enacted,  That,  for  any  other  moneys  which 
have  accrued,  or  may  hereafter  accrue,  upon  the  said  Smithsonian  fund, 
not  herein  appropriated,  the  board  of  trustees  are  hereby  authorized  to 
make  such  disposal  as  they  shall  deem  necessary  for  the  promotion  of  the 
purpose  of  the  testator— the  increase  and  diffusion  of  knowledge  among 
men. 

APRIL  12,  1842. 

The  Speaker  presented  additional  documents  in  support 
of  the  memorial  of  Richard  Rush,  which  were  referred  to 
the  Committee  of  Claims. 

On  motion  of  Mr.  Adams,  it  was  then  ordered  that  the 
committee  on  the  Smithsonian  bequest  be  discharged  from 
the  memorial  of  Richard  Rush,  and  that  it  be  referred  to 
the  Committee  of  Claims. 


TWENTY-SEVENTH    CONGRESS,    1841-43.  261 

HOUSE  OF  REPRESENTATIVES,  August  5,  1842. 
Bill  No.  479,  for  the  relief  of  Richard  Rush  was  passed. 
The  bill  is  as  follows  : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Treasury 
pay,  out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  to 
Richard  Rush,  the  sum  of  three  thousand  eight  hundred  and  fifteen  dollars 
and  seventy-three  cents,  for  extra  services  in  converting  the  Smithsonian 
funds  received  by  him,  as  the  agent  of  the  United  States,  into  gold  coin, 
and  for  his  aid  and  supervision  in  transporting  the  same  from  London  to 
the  mint  at  Philadelphia. 

HOUSE  OF  REPRESENTATIVES,  August  27,  1842. 

A  petition  of  Henry  L.  Ellsworth,  Elisha  Whittlesey,  J. 
S.  Skinner,  and  others,  on  behalf  of  the  Agricultural  Soci- 
etv  of  the  United  States,  asking  for  the  disposal  of  a  portion 
of  the  Smithsonian  fund,  for  the  establishment  of  an  agri- 
cultural school  and  farm  in  the  District  of  Columbia,  was 
laid  on  the  table. 

The  following  is  the  memorial : 

The  memorial  of  the  undersigned  respectfully  represents  : 
That  they,  and  those  associated  with  them,  have  formed  a 
society  in  the  District  of  Columbia,  to  be  called  "The  Agri- 
cultural Society  of  the  United  States,"  which  is  designed 
in  various  ways  to  promote  the  improvement  of  American 
husbandry. 

For  that  purpose  they  have  adopted  a  constitution,  and 
applied  to  Congress  for  an  act  of  incorporation.  The  objects 
of  the  society  are  fully  explained  in  the  constitution,  a  copy 
of  which  has  been  laid  before  Congress.  One  of  these  is 
the  establishment  of  a  school  and  farm  in  this  District,  with 
a  course  of  lectures  for  instruction  and  experiments  to 
advance  the  condition  of  agriculture  throughout  the  Union, 
and  thus  diffuse  wider  among  men  that  knowledge  so  essen- 
tial to  the  improvement  of  this  most  important  pursuit. 

They  therefore,  in  pursuance  of  a  resolve  *  adopted  by  said 
society,  a  copy  of  which  is  hereto  annexed,  pray  Congress 
to  set  apart  and  apply  to  the  above  objects  the  residue  of 

*  Vide  15th  article  of  constitution,  presented  August  27,  1842: 
"  ART.  15.  The  said  board  (board  of  control)  shall  also  be  instructed  to 
make  etlbrts  to  obtain  funds  for  the  establishment  of  an  agricultural  school 
in  the  District  of  Columbia,  and,  appurtenant  thereto,  a  course  of  public 
lectures  on  agriculture,  chemistry,  botany,  mineralogy,  geology,  and  ento- 
mology, as  appropriate  sciences  to  the  great  business  of  agriculture,  and  an 
experimental  farm,  which,  with  the  buildings  and  improvements  thereon, 
shall  be  set  apart  forever  as  an  establishment  for  the  increase  and  diffusion 
>-q/  knowledge  among  men.1' 


262  CONGRESSIONAL    PROCEEDINGS. 

the  Smithsonian  fund,  or  such  portion  of  it  as  in  the  opinion 
of  Congress  can  be  most  usefully  and  properly  expended  in 

that  manner. 

HENRY  ELLSWORTH. 

ELISHA  WIIITTLESEY. 
J.  S.  SKINNER. 
JNO.  A.  SMITH. 
ALEXANDER  HUNTER. 
WASHINGTON,  December,  1841. 


PROCEEDINGS  IN  THE  SENATE. 

SENATE,  December  5,  1843. 
Message  of -the  President,  John  Tyler. 

*  *  In  connection  with  its  other  interests  as  well  as 
those  of  the  whole  country,  I  recommend  that  at  your  pres- 
ent session  you  adopt  such  measures,  in  order  to  carry  into 
effect  the  Smithsonian  bequest,  as  in  your  judgment  will  be 
the  best  calculated  to  consummate  the  liberal  intent  of  the 
testator.  *  * 

SENATE,  December  15,  1843. 

On  motion  of  Mr.  Choate,  the  above  message  was  re- 
ferred to  the  Committee  on  the  Library. — Mr.  Choate,  Mr. 
Tappan,  and  Mr.  Berrien. 

SENATE,  June  6,  1844. 

Mr.  Tappan  from  the  Committee  on  the  Library  reported 
the  following  bill,  (S.  188,)  which  was  read  and  passed  to 
a  second  reading : 

A  BILL  to  establish  the  Smithsonian  Institution,  for  the  increase  and  dif- 
fusion of  knowledge  among  men. 

"Whereas  James  Smithson,  esquire,  of  London,  in  the  kingdom  of  Great 
Britain,  by  his  last  will  and  testament  did  give  the  whole  of  his  property 
to  the  United  States  of  America,  to  found  at  Washington,  under  the 
name  of  the  Smithsonian  Institution,  an  establishment  for  the  increase  and 
diffusion  of  knowledge  among  men ;  and  whereas  Congress  have  hereto- 
fore received  said  property  and  accepted  said  trust ;  therefore,  that  the  same 
may  be  executed  in  good  faith,  and  according  to  the  will  of  the  liberal  and 
enlightened  donor — 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  so  much  of  the  property  of 
the  said  James  Smithson  as  has  been  received  in  money  and  paid  into  the 
Treasury  of  the  United  States,  being  the  sum  of  five  hundred  and  eight 
thousand  three  hundred  and  eighteen  dollars,  be  loaned  to  the  United  States 
Treasury,  at  six  per  cent,  per  annum  interest,  from  the  third  day  of  Decem- 
ber, in  the  year  one  thousand  eight  hundred  and  thirty-eight,  when  the 
same  was  received  into  the  said  Treasury  ;  and  that  so  much  of  the  interest 


TWENTY-EIGHTH    CONGRESS,    1843-45.  263 

as  may  have  accrued  on  said  sum  on  the  first  day  of  July  next,  which  will 
amount  to  the  sum  of  one  hundred  and  seventy-eight  thousand  six  hundred 
and  four  dollars,  he,  and  the  same  is  hereby,  appropriated  for  the  erection 
of  suitable  buildings,  and  the  enclosing  of  suitable  grounds,  for  the  Smith- 
sonian Institution  established  by  this  act ;  and  that  six  per  cent,  interest  on 
the  said  trust  fund,  it  being  the  said  amount  of  five  hundred  and  eight 
thousand  three  hundred  and  eighteen  dollars,  received  into  the  United  States 
Treasury,  third  of  December,  one  thousand  eight  hundred  and  thirty-eight, 
payable,  in  half  yearly  payments,  on  the  first  of  January  and  July  in  each 
year,  be,  and  the  same  is  hereby,  appropriated  for  the  perpetual  mainte- 
nance and  support  of  said  institution. 

SEC.  2.  And  be  it  further  enacted,  That  the  business  of  said  institution 
shall  be  conducted  by  a  board  of  managers,  to  consist  of  twelve,  no  two  of 
whom  shall  be  citizens  of  the  same  State  or  Territory  ;  that  the  persons  first 
appointed  on  the  board  of  managers  shall  meet  in  the  city  of  Washington, 
on  the  first  Monday  of  September  next  after  the  passage  of  this  act,  and, 
when  met,  shall  divide  themselves,  by  lot,  into  three  sections,  one  of  which 
shall  serve  two  years,  one  four,  and  the  other  six  years  ;  and  whenever  a 
vacancy  occurs  in  said  board,  the  same  shall  be  filled  by  such  person  as  may 
be  appointed  by  a  joint  resolution  of  Congress;  that  all  those  who  may  be 
appointed  to  fill  vacancies  occasioned  by  death,  resignation,  or  removal  out 
of  the  United  States,  shall  serve  the  residue  of  the  term,  and  all  those  who 
may  be  appointed  to  fill  vacancies  which  occur  by  lapse  of  time  shall  serve 
for  the  term  of  six  years ;  that  after  said  board  shall  have  met  and  become 
organized  by  appointing  one  of  their  own  body  president  of  said  board,  it 
shall  be  their  duty  to  proceed  to  select  a  suitable  site  for  such  building  as 
may  be,  in  their  judgment, necessary  for  the  institution,  and  suitable  ground 
not  exceeding  ten  acres,  for  horticultural  and  agricultural  experiments,  which 
ground  may  be  taken  and  appropriated  out  of 'that  part  of  the  public  ground 
in  the  city  of  Washington  called  the  Mall ;  and  the  ground  so  selected  shall 
be  set  out  by  proper  metes  and  bounds,  and  a  description  of  the  same  shall 
be  made  and  recorded  in  a  book  to  be  provided  for  that  purpose,  and  signed 
by  said  managers,  or  so  many  of  them  as  may  be  convened  on  said  first 
Monday  of  September  ;  and  such  record,  or  a  copy  thereof,  certified  by  the 
president  of  the  board  of  managers,  shall  be  received  as  evidence  in  all 
courts  of  the  extent  and  boundaries  of  the  lands  appropriated  to  said  in- 
stitution. 

SEC.  3.  And  be  it  further  enacted,  That,  so  soon  as  the  board  of  managers 
shall  have  selected  the  site  for  the  buildings  of  the  institution,  they  shall  cause 
to  be  erected  a  suitable  building,  of  plain  and  durable  materials  and  struct- 
ure, without  unnecessary  ornament,  and  of  sufficient  size,  and  with  suitable 
rooms  for  the  reception  and  arrangement  of  objects  of  natural  history,  a 
library,  a  chemical  laboratory,  and  lecture  room  or  rooms ;  and  the  said 
board  shall  have  authority,  by  themselves,  or  by  a  committee  of  three  of 
their  members,  to  contract  for  the  completion  of  such  building  upon  such 
plan  as  may  be  directed  by  the  board  of  managers,  and  shall  take  sufficient 
security  to  the  Treasurer  of  the  United  States  for  the  building  and  finish- 
ing the  same  according  to  said  plan,  and  in  the  time  stipulated  in  such  con- 
tract :  Provided,  however,  That  the  expense  of  said  building  shall  not  exceed, 
the  sum  of  eighty  thousand  dollars,  which  sum  is  hereby  appropriated  for 
that  purpose  out  of  any  money  in  the  Treasury  not  otherwise  appropriated  ; 
and  the  board  of  managers  shall  also  cause  the  grounds  selected  for  horti- 
cultural and  agricultural  purposes  to  be  enclosed  and  secured,  and  a  suitable 
building  erected  to  preserve  such  plants  as  will  not  bear  exposure  to  the 
weather  at  all  seasons  ;  and  the  sum  of  twenty  thousand  dollars  is  hereby 
appropriated  for  such  building  and  enclosure,  to  be  paid  out  of  any  moneys 
in  the  Treasury  not  otherwise  appropriated  ;  and  so  soon  as  it  may  be  neces- 
sary for  the  accommodation  of  the  persons  employed  in  said  institution,  tho 
said  board  of  managers  may  cause  to  be  erected  on  the  grounds  of  the  in- 
stitution such  dwelling  houses  and  other  buildings,  of  plain  and  substantial 


264  CONGRESSIONAL    PROCEEDINGS. 

•workmanship  and  materials,  to  be  without  unnecessary  ornament,  as  may 
be  wanted :  Provided  however,  That  the  whole  expense  of  building  and  fur- 
nishing as  many  such  houses  as  may  be  required  shall  not  exceed  the  residue 
of  said  interest  which  will  have  accrued  on  the  first  day  of  July  next ;  and 
for  the  said  expenditure  the  said  residue  of  said  interest,  amountin  g  to  the  sum 
of  seventy-eight  thousand  six  hundred  and  four  dollars,  is  hereby  appropria- 
ted, payable  out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated  ; 
and  all  such  contracts  as  may  be  made  by  said  board  of  managers  shall  be  de- 
posited with  the  Treasurer  of  the  United  States  ;  and  all  questions  which 
may  arise  between  the  United  States  and  any  person  claiming  under  and  by 
virtue  of  any  such  contract  shall  be  heard  and  determined  by  said  board  of 
managers,  and  such  determination  shall  be  final  and  conclusive  upon  all 
parties  ;  and  all  claims  on  any  contract  made  as  aforesaid  shall  be  allowed 
and  certified  by  the  board  of  managers,  or  a  committee  thereof,  as  tin- 
may  be,  and  being  signed  by  the  president  of  the  board,  shall  be  a  sufficient 
voucher  for  settlement  and  payment  at  the  Treasury  of  the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That,  so  soon  as  buildings  shall  be 
erected  for  their  reception,  all  objects  of  natural  history  belonging  to  the 
United  States,  which  may  be  in  the  city  of  Washington,  in  whosesoever  cus- 
tody the  same  may  be,  shall  be  delivered  to  such  persons  as  may  be  author- 
ized by  the  board  of  managers  to  receive,  them,  and  shall  be  arranged  by 
the  professor  of  natural  history  in  such  order  and  so  classed  as  best  to  facil- 
itate the  examination  and  study  of  them  in  the  building  so  as  aforesaid  to 
be  erected  for  the  institution ;  and  the  managers  of  said  institution  shall 
afterwards,  as  new  specimens  in  natural  history  may  be  obtained  for  the 
museum  of  the  institution  by  exchanges  of  duplicate  specimens  belonging 
to  the  institution  (which  they  are  hereby  authorized  to  makei  <>r  l>y  dona- 
tions which  they  may  receive,  cause  such  new  specimens  to  be  also  appropri- 
ately classed  and  arranged.  And  the  minerals,  books,  manuscripts,  and 
other  property  of  James  Smithson,  which  have  been  received  by  the  Gov- 
ernment of  the  United  States,  and  are  now  placed  in  the  Patent  Office,  shall 
be  removed  to  said  institution  and  shall  be  preserved  separate  and  apart 
from  the  other  property  of  the  institution. 

SEC.  5.  And  be  it  further  enacted,  That  the  managers  of  said  institution 
shall  appoint  a  superintendent,  whose  duty  it  shall  be  to  take  charge  of  the 
ground,  buildings,  and  property,  belonging  to  the  institution,  and  carefully 
preserve  the  same  from  injury  ;  and  such  superintendent  shall  !><•  the  secre- 
tary of  the  board  of  managers,  and  shall,  under  their  direction,  make  a  fair 
and  accurate  record  of  all  their  proceedings,  to  be  preserved  in  said  institu- 
tion ;  and  the  said  superintendent  shall  also  discharge  the  duties  of  professor 
of  agriculture  and  of  horticulture  in  said  institution,  and  in  that  capacity 
may,  with  the  approbation  of  the  board  of  managers,  employ,  from  time  to 
to  time,  so  many  gardeners  and  other  laborers  as  may  be  necessary  to  culti- 
vate the  ground  and  keep  in  repair  the  buildings  of  said  institution;  and 
the  superintendent  shall  receive  for  his  services  such  sum  as  may  be 
allowed  by  the  board  of  managers,  to  be  paid  semi-annually  on  the  first 
day  of  January  and  July  ;  and  the  said  superintendent  shall  be  removable 
by  the  board  of  managers  whenever,  in  their  judgment,  the  interest  of  the 
intitution  may  require  the  superintendent  to  be  changed. 

SEC.  6.  And  be  it  further  enacted,  That,  at  the  first  meeting  of  the  board 
of  managers,  they  shall  fix  on  the  times  for  regular  meetings  of  the  board, 
and  on  application  of  any  three  of  the  managers  to  the  superintendent  of 
the  institution,  it  shall  be  his  duty  to  appoint  a  time  for  a  special  meeting 
of  the  board,  of  which  he  shall  give  notice  by  letter  to  each  of  the  mem- 
bers, and  at  any  meeting  of  the  board  of  managers  seven  shall  constitute  a 
quorum  to  do  business;  that  each  member  of  the  board  of  managers  shall 
be  paid  his  necessary  travelling  and  other  expenses  in  attending  meetings 
of  the  board,  which  shall  be  audited,  allowed,  and  recorded,  by  the  super- 
intendent of  the  institution.  And  whenever  any  person  employed  by  the 
authority  of  the  institution  shall  have  performed  service  entitling  him  to  com- 


TWENTY-EIGHTH    CONGRESS,    1843-45.  265 

pensation,  whether  the  same  shall  be  by  way  of  salary  payable  semi-annually 
or  wages  for  labor,  the  superintendent  shall  certify  to  the  president  of  the 
board  that  such  compensation  is  due,  whereupon  the  president  shall  certify 
the  same  to  the  proper  officer  of  the  Treasury  Department  for  payment. 

SEC.  7.  And  be  it  further  enacted,  That  the  board  of  managers  may  ap- 
point some  suitable  person  as  professor  of  natural  history,  a  professor  of  chem- 
istry, and  a  professor  of  astronomy,  with  such  other  professors  as  the  wants 
of  science  may  require.  They  shall  also  employ  able  men  to  lecture  in  the 
institution  upon  the  arts  and  sciences,  and  shall  fix  the  compensation  of  such 
professors  and  lecturers  :  Provided,  That  no  professorship  shall  be  established 
or  lecturer  employed  to  treat  or  lecture  on  law,  physic,  or  divinity,  it  being 
the  object  of  the  institution  to  furnish  facilities  for  the  acquisition  of  such 
branches  of  knowledge  as  are  not  taught  in  the  various  universities. 

SEC.  8.  And  be  it  further  enacted,  That  the  board  of  managers  shall  make 
all  needful  rules,  regulations,  and  by-laws,  for  the  government  of  the  in- 
stitution and  the  persons  employed  therein  ;  they  shall  direct  and  prescribe 
the  experiments  to  be  made  by  the  professor  of  agriculture  and  horticulture, 
to  determine  the  utility  and  advantage  of  new  modes  and  instruments  of 
culture,  to  determine  whether  new  fruits,  plants,  and  vegetables,  may  be 
cultivated  to  advantage  in  the  United  States ;  and  they  shall  direct  the  dis- 
tribution of  all  such  fruits,  plants,  ^eeds,  and  vegetables,  as  shall  be  found 
useful  and  adapted  to  any  of  our  soils  and  climates,  so  that  the  people  in 
every  part  of  the  Union  may  enjoy  the  benefit  and  advantage  of  the  exper- 
iments made  by  the  institution  ;  they  shall  also  make  rules  and  regulations 
for  the  admission  of  students  in  the  various  departments  of  the  institution, 
and  their  conduct  and  deportment  while  they  remain  therein  :  Provided, 
That  all  instruction  in  said  institution  shall  be  gratuitous  to  those  students 
who  conform  to  such  rules  and  regulations. 

SEC.  9.  And  be  it  further  enacted,  That  be  appointed 

managers  of  the  said  Smithsonian  Institution,  to  hold  their  offices  as  is 
hereinbefore  provided. 


PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  January  2,  1844. 

Mr.  J.  Q.  ADAMS  moved  the  following  resolution  which 
was  read,  and  the  rule  requiring  the  same  to  lie  upon  the 
table  one  day  being  dispensed  with,  it  was  considered  and 
agreed  to,  viz : 

Resolved,  That  the  Secretary  of  the  Treasury  be  directed  to  report  to  this 
House  the  present  state  and  condition  of  the  funds  bequeathed  by  James 
Smithson  to  the  United  States,  for  the  establishment  at  the  city  of  Wash- 
ington of  an  institution  for  the  increase  and  diffusion  of  knowledge  among 
men;  with  a  statement  of  what  payments  of  interest  have  been  received, 
and  what  if  any,  have  been  refused  or  withheld  on  the  State  stocks  in  which 
the  said  funds  were  invested  ;  the  amount  of  interest  so  withheld  or  refused 
to  be  paid  ;  and  what  measures  have  been  taken  by  the  Secretary  to  recover 
the  same;  also  by  whose  agency  the  said  investments  were  made;  with 
copies  of  any  correspondence  of  the  Treasury  Department  with  such  agents 
relating  thereto. 

HOUSE  OF  REPRESENTATIVES,  February  2,  1844. 

Mr.  WILLIAMS  presented  a  petition  of  Horatio  C.  Merriam, 
of  Massachusetts,  that  a  portion  of  the  Smithsonian  bequest 


266  CONGRESSIONAL  PROCEEDINGS. 

be  applied  to  promote  agricultural  education,  that  science 
being  heretofore  neglected  in  the  systems  of  education  of  this 
country  ;  which  was  referred  to  the  Committee  on  Agricul- 
ture. 

HOUSE  OP  REPRESENTATIVES,  February  19,  1844. 

The  Speaker  laid  before  the  House  the  following  com- 
munication, viz : 

A  letter  from  the  Secretary  of  the  Treasury,  in  answer 
to  a  resolution  of  the  House  of  Representatives  of  the 
3d  of  January  last,  transmitting  statements  showing  the 
present  state  and  condition  of  the  funds  bequeathed  by 
James  Smithson  to  the  United  States ;  the  payments  of  in- 
terest that  have  been  received,  and  what  have  been  refused 
or  withheld  on  the  State  stocks  in  which  the  said  funds 
were  invested,  and  the  amount  of  interest  so  withheld  ;  and 
stating  what  measures  had  been  taken  to  recover  the  in- 
terest withheld ;  also,  accompanied  with  copies  of  the  cor- 
respondence in  relation  to  the  purchase  of  State  stocks  for 
the  fund  :  which  letter  and  accompanying  documents  were, 
on  motion  of  Mr.  John  Quincy  Adams,  referred  to  a  select 
committee  of  nine  members. 

Mr.  John  Quincy  Adams,  Mr.  Houston,  Mr.  Chappell, 
Mr.  French,  Mr.  Lucas,  Mr.  Brengle,*  Mr.  Yost,  Mr.  E.  D. 
Potter,  and  Mr.  Wethered,*  were  appointed  the  said  com- 
mittee. 

The  following  is  the  letter : 

TREASURY  DEPARTMENT,  February  17,  1844. 

SIR  :  In  compliance  with  the  resolution  of  the  House  of 
Representatives  of  the  3d  of  January  last,  I  have  the  honor 
to  transmit  the  accompanying  statements  A,  B,  C,  showing 
"  the  present  state  and  condition  of  the  funds  bequeathed 
by  James  Smithson  to  the  United  States,  for  the  establish- 
ment of  an  institution  for  the  increase  and  diffusion  of 
knowledge  among  men  ;  -the  payments  of  interest  that  have 
been  received,  and  what  have  been  refused,  or  withheld,  on 
the  State  stocks  in  which  the  said  funds  were  invested,  and 
the  amount  of  interest  so  withheld." 

I  have  the  honor  further  to  report,  in  compliance  with 
the  resolution,  that  the  only  measures  taken  to  recover  the 
interest  so  withheld  were,  by  retaining  in  the  Treasury  the 
amounts  stated  in  statement  C,  under  the  provisions  of  the 

*This  committee,  though  ordered,  was  not  actually  appointed  untiL 
Messrs.  Brengle  and  Wethered  took  their  seats. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  26T 

fourth  section  of  the  act  of  4th  September,  1841 ;  there 
being  no  other  means  by  which  the  department  could  com- 
pel the  pa}'ment  of  interest  then  in  arrear. 

The  resolution  also  requires  to  be  reported  "  by  whose 
agency  the  said  investments  were  made,  with  copies  of  any 
correspondence  of  the  Treasury  Department  with  such 
agents  relating  thereto." 

In  reply  to  this,  I  have  the  honor  to  state  that  it  does  not 
appear  that  any  agent  was  ever  appointed  to  make  these  in- 
vestments. The  correspondence  in  relation  to  the  purchase 
of  State  stocks,  for  the  fund,  appears  to  have  been  princi- 
pally with  stock-brokers ;  and  copies  are  annexed,  marked 
from  D  No.  1,  to  D  No.  63. 

I  have  the  honor  to  be,  very  respectfully,  your  obedient 
servant, 

J.  C.  SPENCER, 
Secretary  of  the  Treasury* 

Hon.  J.  W.  JONES, 

Speaker  of  the  House  of  Representatives. 


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CONGRESSIONAL    PROCEEDINGS. 


B. — Statement  exhibiting  the  amount  and  description  of  the  State 
by  the  Secretary  of  the  Treasury,  in  trust,  for  the  benefit  of  the 
to  the  31st  December,  1843. 


T)ofp  of 

Period     from 

purchase. 

bonds  and  stocks. 

est  commen- 
ces. 

December 
31,  1838. 

Sept.     4,  1838 

$500,000  00  Arkansas     6    per 
cent,  bonds 

Sept.     5,  1838 

$9  619  57 

Nov.  23,  1838 

8,000  00  Michigan     6    per 
cent,  bonds 

May     1,  1838 

320  00 

Dec.    29.  1838 

10,000  00  Arkansas     6    per 
cent,  bonds 

Jan.      1,  1839 

July      6,  1839 

13,000  00  Arkansas     6    per 
cent,  bonds  

July     1,  1839 

Feb.      .3,  1840 

26,000  00  Illinois  6  per  cent, 
bonds 

Jan       1,  1840 

Sept.   21,  1840 

15,000  00  Arkansas     6    per 
cent,  bonds  

July     1,  1840 

Dec.      3,  1840 

6,000  00  Illinois  6  per  cent, 
bonds  

do. 

Feb.      1,  1841 

24,000  00  Illinois  6  per  cent, 
bonds  

Jan.      1,  1841 

Aug.     7,  1841 

13,000  00  Ohio  6  per   cent, 
canal  stock  __   __ 

July     1,  1841 

Aug.  10,  1841 

5,000  00  Ohio  6  per  cent, 
canal  stock 

do. 

Sept.  27,  1841 

1,291  86  United   States   6J 
per  cent,  stock.  . 

Sept.  18,  1841 

Aug.  27,  1842 

540  00  United    States    6 
per  cent.  stock__ 

Jan.     3,  1842 

Do. 

17  76  United    States    6 
per  cent,  stock.. 

Jan.    25,  1842 

Do. 

540  00  United    States    6 
per  cent.  stock__ 

July     7,  1842 

Do. 

38  04  United    States    6 
per  cent,  stock  __ 

Aug.  15,  1842 

Dec.    29,  1842 

480  00  United    States    6 
per  cent,  stock 

Nov.  26,  1842 

Do. 

7,842  79  United    States    6 
per  cent,  stock  _ 

Dec.  13,  1842 

JMar.   31,  1843 

113  05  United    States    6 
per  cent.  stock__ 

Jan.     3,  1843 

Do. 

540  00  United    States    6 
per  cent,  stock.. 

Jan.     4,  1843 

Jan.    12,  1844 

4,231  35  United    States    5 
per  cent,  stock.. 

Jan.      1,  1844 

$635,634  85 

$9,939  57 

TWENTY-EIGHTH    CONGRESS,    1843-45. 


271 


'bonds,  and  stocks  of  the   United  States  and  State  of  Ohio,  purchased 
Smithsonian  Institution,  with  the  interest  which  has  accrued  thereon 


Period  to  which  interest  has  become  due. 

Total   amount  of 
interest  accrued 
to  December  31, 
1843. 

December 
31,  1839. 

December 
31,  1840. 

December 
31,  1841. 

December 
31,  1842. 

December 
31,  1843. 

$30,000  00 
480  00 
600  00 
390  00 

$30,000  00 
480  00 
600  00 
780  00 
1,560  00 
450  00 
180  00 

$30,000  00 
480  00 
600  00 
780  00 
1,560  00 
900  00 
360  00 
1,440  00 
390  00 
150  00 
20  28 

$30,000  00 
480  00 
600  00 
780  00 
1,560  00 
900  00 
360  00 
1,440  00 
780  00 
300  00 
71  04 
32  31 
96 
15  75 
87 
2  80 
24  84 

$30,000  00 
480  00 
600  00 
780  00 
1,560  00 
900  00 
360  00 
1,440  00 
780  00 
300  00 
71  04 
32  40 
1  08 
32  40 
2  28 
28  80 
495  05 
6  75 
32  18 

$159,619  57 
2,720  00 
3,000  00 
3,510  00 
6,240  00 
3,150  00 
1,260  00 
4,320  00 
1,950  00 
750  00 
162  36 
64  71 
2  04 
48  15 
3  15 
31  60 
619  89 
6  75 
32  18 

431,470  00 

$34,050  00 

$36,680  28 

$37,348  57 

$37,901   98 

$187,390  40 

272 


CONGRESSIONAL   PROCEEDINGS, 


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276 


CONGRESSIONAL    PROCEEDINGS. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  277 

D  I. 
TREASURY  DEPARTMENT,  July  14,  1838. 

SIR  :  The  public  service  at  the  west  will  probably  require,  in  the  course 
of  a  few  weeks,  considerable  sums  of  money  for  disbursements  on  account 
of  the  army  and  Indian  department.  Should  your  bank  find  it  convenient 
to  meet  drafts  for  any  part  of  the  balance  due  from  you  to  the  United  States, 
payable  at  its  counter,  I  will  cheerfully  direct  the  Treasurer  to  place  such 
drafts  upon  you  for  such  amounts,  as  you  shall  advise  me  immediately  will 
be  paid  by  your  bank.  They  will  probably  be  required  in  specie.  The 
sums  paid  will  be  carried  to  the  credit  of  your  bank,  and  stop  interest  from 
the  date  of  payment.  Should  your  bank  have  at  command  State  stocks, 
which  it  wishes  to  dispose  of  in  discharge  of  its  proportion  of  the  two  last 
installments  of  the  bonds  of  the  State  Bank  of  Indiana  to  the  United  States, 
and  will  describe  their  character,  and  the  lowest  price  at  which  they  will 
be  sold  upon  payment  in  the  mode  mentioned,  this  department,  having 
funds  to  invest  in  State  stocks,  will  be  glad  to  receive  a  proposition  on  the 
subject  at  your  earliest  convenience. 

These  suggestions  are  made  under  the  belief  that  some  benefit  may  result 
to  all  parties  by  such  arrangement. 

I  am,  &c.,  L.  WOODBURY,  Secretary  of  the  Treasury. 

PRESIDENT  OF  THE  BRANCH  OF  THE  STATE  BANK  OF  INDIANA,  Madison. 

A  similar  letter  was  addressed  to  President  of  the  Bank  of  Michigan  ; 
President  of  the  Planters'  Bank  of  Mississippi  ;  President  of  the  Branch 
of  the  Bank  of  the  State  of  Alabama,  at  Mobile  ;  President  of  -the  Agri- 
cultural Bank  of  Mississippi  ;  President  of  the  Farmers'  and  Mechanics' 
Bank  of  Michigan  ;  President  of  the  Branch  of  State  Bank  of  Indiana,  at 
Lawrenceburg  ;  President  of  the  Branch  of  State  Bank  of  Indiana,  at  New 
.Albany. 

D  2. 

.Extract  of  a  letter  from  the  President  of  the  Branch  Bank,  Madison,  In- 
diana, dated  Washington,  August  3,  1838,  in  reply  to  the  letter  from  the 
department,  dated  July  14,  1838. 

The  Branch  of  the  State  Bank  of  Indiana,  at  Madison,  will  furnish  your 
department  with  Indiana  5  per  cent,  internal  improvement  bonds,  princi- 
pal and  interest  payable  in  New  York,  to  the  full  amount  of  the  debt  that 
branch  owes  your  department,  at  par. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  3. 

AGRICULTURAL  BANK,  NATCHEZ,  July  26,  1838. 

SIR  :  Your  favor  of  the  14th  instant,  addressed  to  the  president  of  this 
bank,  has  been  received.  After  thanking  you  for  the  suggestions  it  con- 
tains, I  am  to  inform  you  that  our  agent  in  the  north,  Alvarez  Fish,  Esq,, 
formerly  our  president,  is  instructed  to  open  a  negotiation  for  the  purchase 
of  $600,000  of  the  bonds  of  this  State,  now  being  offered  in  the  northern 
market,  provided  ho  can  dispose  of  them  to  the  Government  in  liquidation 
of  the  balance  due  the  Treasury,  and  to  correspond  with  you  upon  the  sub- 
ject. Our  directory  feel  somewhat  sanguine  of  the  success  of  these  nego- 
tiations, which  will  supersede  the  necessity  of  our  making  arrangements  to 
meet  the  drafts  of  the  Treasurer  here,  and  will  be  a  more  convenient  mode 
-of  payment  for  us. 

Very  respectfully,  your  obedient  servant, 

A.  P.  MERRILL,  Cashier. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


278  CONGRESSIONAL    PROCEEDINGS. 

D  4. 

*  Notice. 

The  money  bequeathed  by  the  late  James  Smithson,  Esq.,  of  London,  for 
founding  an  institute  in  the  city  of  Washington,  amounting  to  about  half  a 
million  of  dollars,  will,  it  is  expected,  be  received  during  the  present  month. 
By  an  act  passed  July  7,  1838,  the  undersigned  is  directed  to  invest  the 
same  "  in  stocks  of  States,  bearing  interest  at  the  rate  of  not  less  than  five 
per  cent,  per  annum."  He  is  now  prepared  to  receive  proposals  from  per- 
sons who  have  stocks  of  this  description  to  dispose  of. 

LEVI  WOODBURY,  Secretary  of  the  Treasury. 

TREASURY  DEPARTMENT,  August  6,  1838. 

D  5. 

NEW  YORK,  August  8,  1838. 

DEAR  SIR  :  We  discover,  by  an  official  notice  from  the  Treasury  Depart- 
ment of  the  6th  instant,  that  you  are  directed  by  an  act  of  Congress,  passed 
July  7,  1838,  to  invest  the  money  bequeathed  by  the  late  James  Smithson, 
of  London,  for  founding  an  institute  in  the  city  of  Washington,  in  the  stocks 
of  States  bearing  interest  at  the  rate  of  not  less  than  five  per  cent,  per 
annum  ;  and  that  you  are  now  prepared  to  receive  proposals  from  persons 
having  stocks  of  this  description  to  dispose  of. 

We  take  the  liberty  to  inform  you  that,  by  virtue  of  the  act  of  the  Leg- 
islature of  the  State  of  Mississippi  incorporating  the  "  Mississippi  Union 
Bank,"  we  are  charged  with  the  disposal  of  five  millions  of  the  bonds  of 
the  State,  bearing  interest  at  the  rate  of  five  per  cent,  per  annum,  and  pay- 
able in  twelve  and  twenty  years,  and  at  such  place  or  places  as  we  may 
designate.  And  we  have  now  the  honor  to  submit  for  your  consideration 
a  proposition  for  the  sale  of  an  amount  of  five  hundred  thousand  dollars 
of  those  bonds— payable  at  any  place  in  the  United  States  or  in  England 
you  may  designate,  and  extinguishable  in  twelve  or  twenty  years. 

We  shall  await  in  this  city  your  answer  to  this  communication. 

With  considerations  of  high  respect,  your  most  obedient  servants, 

EDWARD  C.  WILKINSON. 
J.  WILKINS. 

Hon.  LEVI  WOODBURY. 

D  6. 

NEW  YORK,  August  8,  1838. 

SIR  :  Noticing  the  advertisement  of  the  6th  instant  for  offers  of  State- 
stocks  for  the  investment  of  money  bequeathed  by  the  late  James  Smithson, 
we  beg  leave  to  offer  sixty  thousand  dollars  Indiana  five  per  cent.  State 
stock,  with  the  privilege,  on  receipt  of  the  Secretary's  reply,  of  making  the 
amount  one  hundred  thousand  dollars,  at  par.  The  stock  to  be  delivered,, 
at  our  option,  on  or  before  the  1st  November  next. 
Kespectfully  your  obedient  servants, 

OGDEN,  FERGUSON  &  Co. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury,   Washington. 

D  7. 

PHILADELPHIA,  August  8,  1838. 

SIR  :  I  have  observed  your  notice  inviting  proposals  for  the  sale  of  State 
stocks. 

I  have  in  my  possession  $76,250  of  the  bonds  of  the  State  of  Tennessee 
5|  per  cents.,  redeemable  in  1862  and  1863.  The  interest  payable  semi- 

*  Published  in  the  Globe  newspaper. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  279 

annually,  at  any  point  in  the  United  States  you  may  desire,  and  guaranteed 
by  the  Planters'  Bank  of  Tennessee. 

They  are  the  same  which  I  had  the  honor,  by  letter,  some  time  since, 
from  Nashville,  to  propose  to  sell  you  ;  and  again,  recently,  in  person  at 
Washington. 

I  am  desirous  of  obtaining  par  for  them,  if  possible,  as  they  cost  that ; 
but  having  determined  to  resume  specie  payments  shortly,  and  being  very 
desirous  of  liquidating  the  debt  due  to  the  Government,  renders  it  neces- 
sary to  dispose  of  them,  even  if  we  have  to  submit  to  a  loss.  I  therefore 
propose  to  sell  you  the  above  bonds  at  99J. 

I  shall  esteem  it  a  great  favor  if  you  will  inform  me  (directed  to  this 
city)  when  your  decision  will  be  made  known.  My  object  in  making  the 
request  is.  that  I  am  desirous  of  returning  to  Tennessee  as  soon  as  possible, 
and  this  is  the  only  business  that  detains  me.  If  you  could,  consistently, 
take  these  bonds  from  me  immediately,  at  a  price  that  would  be  satisfactory 
to  you,  it  would  do  me  a  great  favor,  and  I  would  bring  them  to  you  imme- 
diately. 

I  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

M.  WATSON,  President  of  the  Planters1  Bank  of  Tennessee. 

Hon.  LEVI  WOODBTJRY. 

D  8. 

NEW  YORK,  August  8,  1838. 

SIR  :  We  will  sell  any  part  of  $200,000  Michigan  six  per  cent,  stock,  in- 
terest and  principal  payable  here,  at  par.  The  interest  since  the  1st  of  July 
to  be  included.  This  stock  has  about  twentv  years  to  run,  and  is  in  bonds 
of  $1,000  each. 

Your  obedient  servants,  JOHN  WARD  &  Co. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  9. 

PETERSBURG  K.  K.  Co.  OFFICE,  August  8,  1838. 

SIR:  I  have  observed  in  the  u  Globe  ''  of  the  6th  instant,  your  notice  of 
that  date,  relating  to  an  investment  "  of  the  money  bequeathed  by  the  late 
James  Srnithson,  Esq.,  of  London,  in  State  stocks,  bearing  interest  at  the 
rate  of  not  less  than  five  per  cent,  per  annum." 

I  beg  leave  to  state  that  the  Petersburg  Kailroad  Company,  which  I  rep- 
resent, holds  one  hundred  and  fifty  thousand  dollars  ($150,000)  of  stock  of 
the  State  of  Virginia,  which  bears  an  interest  of  five  per  cent,  per  annum, 
payable  semi-annually,'  in  specie  or  its  equivalent,  and  issued  under  the 
authority  of  the  act  of  the  General  Assembly  of  Virginia,  (herein  enclosed,) 
which  they  are  willing  to  sell,  and  for  which  they  will  take  par. 

As  we  are  anxious  to  dispose  of  this  stock  soon,  either  in  this  country  or 
in  Europe,  your  early  decision  will  oblige  us. 

With  great  respect,  sir,  your  friend  and  servant, 

CHARLES  F.  OSBORNE. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  10. 

BANK  OF  VIRGINIA,  August  8,  1838. 

SIR  :  Observing  your  "  notice  "  in  the  Globe,  inviting  proposals  from 
persons  who  have  State  stocks  to  dispose  of,  I  now  oifer  you  one  hundred 
and  fifty  thousand  dollars  of  the  stock  of  the  Commonwealth  of  Virginia, 
bearing  six  per  cent,  interest,  payable  at  the  treasury  of  Virginia  semi- 
annually,  (1st  July  and  January,)  in  specie  or  its  equivalent.  The  stock 
has  twenty  years  to  run  from  the  23d  February  last.  I  will  take  $105  for 


280  CONGRESSIONAL    PROCEEDINGS. 

every  hundred  dollars  of  stock  ;  the  interest  accruing  from  the  1st  of  July 
to  the  date  of  transfer  to  be  allowed  by  the  purchaser. 

I  have  the  honor  to  be,  sir,  yours,  very  respectfully, 

JOHN  BROCKENBROUGH. 

Hon.  LEVI  WOODBURY. 

D  11. 

NEW  YORK,  August  8,  1838. 

DEAR  SIR:  We  noticed  your  request  for  the  prop'-sal  of  sale  of  State 
stocks,  bearing  5  per  cent,  interest.  We  renew  our  offer  to  sell  $105,000  of 
Louisiana  State  bonds,  interest  payable  semi-annually,  1st  January  and 
July  at  the  Mechanics'  Bank,  New  York.  These  bonds  are  in  London. 
We  will  sell  them  at  $98  for  $100,  you  to  allow  the  interest  that  may  accrue 
on  the  day  of  delivery.  They  will  be  received  here  in  60  days. 

We  wish  to  be  favored  with  an  answer,  that  we  may  write  to  London  by 
the  steamer  Great  Western.  You  have  been  furnished  by  us  with  the  law, 
&c.,  &c. 

Very  respectfully,  S.  &  M.  ALLEN. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  12. 

SECOND  AUDITOR'S  OFFICE,  RICHMOND,  August  9,  1838. 
SIR:  The  attention  of  the  board  of  public  works  of  Virginia  having 
been  attracted  to  your  notice  respecting  the  investment  of  the  money  re- 
ceived for  the  Smithsonian  legacy,  inserted  in  to-day's  papers  of  this  city, 
I  have  been  instructed  to  make  the  following  proposals  in  tln-ir  behalf: 

1.  They  will  give  five  per  cent,  stock  of  the  Commonwealth  of  Virginia, 
at  par,  for  the  whole  amount  of  the  legacy,  provided  it  does  notmuch  exceed 
half  a  million  of  dollars  ;  or, 

2.  They  will  give  for  part  of  said  legacy,  two  hundred  and  fifty  thousand 
dollars  ($250,000)  of  six  per  cent,  stock,  at  the  rate  of  one  hundred  dollars 
in  stock  for  one  hundred  and  five  dollars  in  money. 

The  interest  on  the  stock  will  be  paid  semi-annually  at  the  treasury  of 
the  Commonwealth.  It  is  irredeemable  for  twenty  years,  and  redeemable 
afterwards  at  the  pleasure  of  the  General  Assembly  ;  and  the  pledges  and 
securities  for  the  payment  of  the  interest,  and  the  ultimate  redemption  of 
the  principal,  are  of  the  most  ample  character. 

Should  you  desire  more  specific  information,  it  will  be  promptly  fur- 
nished. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

J.  BROWN,  Jr.,  Second  Auditor. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  13. 

PORTSMOUTH,  VA.,  August  9,  1838. 

SIR  :  I  have  at  my  disposal  seventy-three  thousand  dollars  of  five  per 
cent.  Virginia  State  stock,  irredeemable  for  twenty  years  from  the  18th 
June,  1838,  and  afterwards  to  be  redeemed  at  the  pleasure  of  the  General 
Assembly  of  Virginia.  The  interest  payable  at  the  treasury  of  the  State, 
on  the  1st  January  and  July  in  each  year.  I  offer  it  (or  any  portion  of  it) 
to  you  at  par.  An  early  answer  is  desired. 

Respectfully,  &c.,  WM.  H.  WILSON. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  14. 

FARMERS'  BANK  OF  VIRGINIA,  RICHMOND,  August  9,  1838. 
SIR  :  I  observe  by  your  public  notice  that  you  are  prepared  to  receive 


TWENTY-EIGHTH    CONGRESS,    1843-45.  281 

proposals,  under  the  act  of  the  7th  July,  authorizing  the  investment  of  the 
money  bequeathed  by  James  Smithson,  Esq.,  "  in  stocks  of  the  States  bear- 
ing an  interest  at  the  rate  of  not  less  than  five  per  cent,  per  annum." 

I  have  the  honor  to  propose  to  your  acceptance,  under  the  act,  one  hun- 
dred and  fifty  thousand  dollars  of  the  stock  of  the  Commonwealth  of  Vir- 
ginia, bearing  an  interest  of  five  per  cent.,  payable  semi-annually,  and  the 
principal  redeemable  at  the  end  of  twenty  years  from  the  18th  June  last. 
This  I  offer  at  par. 

Should  the  number  of  proposals,  or  other  reasons,  lead  you  to  decline 
taking  the  whole  of  the  stock,  then  such  portion  of  it  as  you  maybe  willing 
to  take  is  offered  to  yonr  acceptance. 

Begging  to  be  apprized  of  your  decision,  I  have  the  honor  to  be  your 
obedient  servant,  &c.,  WM.  H.  MACFARLAND,  President. 

Hon.  LEVT  WOODBURT,  Secretary  of  the  Treasury. 


D  15. 

NEW  YORK,  August  9,  1838. 

DEAR  SIR  :  We  observe  that  you  advertise  for  proposals  for  State  stocks 
to  invest  the  Smithsonian  fund  in.  We  are  unable  to  determine  whether 
the  matter  will  be  open  for  negotiation,  or  whether  you  will  accept  the  best 
offer  made  under  seal.  We  hold  one  hundred  and  seventy  thousand  dollars 
five  per  cent,  stock  of  a  northern  State,  which  we  would  like  to  propose  or 
negotiate  for  ;  or,  if  within  the  limits  of  the  law  directing  the  disposal  of 
the  fund,  we  would  pay  interest  for  the  money,  and  give  the  stock  as  col- 
lateral. 

If  your  time  will  permit,  we  shall  feel  obliged  by  an  explanation  on  these 
points  ;  and  will  become  applicants  for  one  hundred  and  seventy  thousand 
dollars  of  the  fund,  in  the  way  we  think  will  be  most  satisfactory  to  the 
Government. 

Respectfully,  your  obedient  servants,  PARKER  &  Co. 

Hon.  LEVI  WOODBURY,  Washington,  D.  C. 

D  16. 

ALBANY,  August  9,  1838. 

SIR  :  I  will  let  you  have  $33,000  New  York  State  five  per  cent,  stock, 
redeemable  in  1855,  at  two  per  cent,  premium,  and  interest  from  the  last 
dividend— say  1st  July.  The  last  five  per  cent,  stock  issued  by  this  State 
was  sold  at  public  auction,  in  the  city  of  New  York,  about  forty  days  since, 
and  the  highest  price  bid  was  one  per  cent,  and  T6^Q0-.  Since  which,  I  have 
sold  in  New  York  fifty  thousand  dollars  of  the  same  stock  offered  to  you  at 
two  per  cent,  advance,  being  precisely  what  I  offer  it  to  you  for. 

Allow  me  to  request  an  early  answer,  as  I  am  unwilling,  by  locking  up 
the  stock,  to  forego  the  chance  of  doing  as  well,  or  better,  should  an  oppor- 
tunity present. 

I  have  the  honor  to  be,  your  obedient  servant, 

THOS.  W.  OLCOTT. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  17. 

AUGUST  9,  1838. 

SIR  :  In  the  Washington  Globe,  of  date  6th  instant,  I  notice  an  official 
invitation  to  the  holders  of  State  stock  to  make  an  offer  of  sale,  for  the  in- 
vestment of  the  funds  obtained  under  the  Smithsonian  bequest.  I  have  one 
hundred  thousand  dollars  of  Indiana  internal  improvement  State  stock, 
payable  twenty-five  years  from  1st  July,  1838,  bearing  an  interest  of  five 
per  cent.,  payable  semi-annually  in  the  city  of  New  York  ;  which  I  offer 
•to  the  Department  at  98  cents  on  the  100  cents  of  the  principal.  Your 


282  CONGRESSIONAL    PROCEEDINGS. 

reply,  should  the  offer  be  accepted,  addressed  to  No.  15  Wall  street,  N.  Y.r 
will  be  promptly  attended  to. 

Should  references  be  required,  I  am  personally  known  to  the  .President. 
Your  obedient  servant,  SIMEON  B.  JEWITT. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  18. 

LOUISVILLE,  August  13,  1838. 

SIR  :  1  have  this  moment  seen,  over  your  official  signature,  a  notice  to 
the  public,  stating  that  you  are  ready  to  receive  propositions  relative  to  the 
investment,  in  State  stocks,  of  the  fund  (say  half  u  million)  bequeathed  by 
James  Smithson,  Esq.,  for  the  purpose  of  founding  an  institute  in  the  city 
of  Washington  ;  which  fund  you  are  authorized  to  dispose  of  in  this  way, 
by  act  of  July  7,  1838. 

Application  is  hereby  made,  in  behalf  of  the  Mississippi  Union  Bank,  for 
a  loan  or  purchase  of  the  whole  amount  of  this  fund  when  in  your  hands 
for  disposal.  The  bank  offers,  as  security  or  equivalent,  the  bonds  of  the 
State  of  Mississippi,  bearing  interest  at  the  rate  of  5  per  cent,  per  annum  ; 
interest  and  principal  made  payable  at  such  places  as  may  .suit  tho  conve- 
nience of  the  purchaser  ;  which  bonds  she  holds  to  tin-  amount  of  $1  "),()00,- 
000,  with  ample  power  to  negotiate  and  sell  the  same,  as  prescribed  in  tin- 
first  section  of  the  original  act  incorporating  said  institution,  by  the  direc- 
tors of  the  bank  themselves,  or,  as  expressed  in  the  9th  section  of  the  sup- 
plemental act  thereto  appended,  by  the  agency  of  commissioner,  appointed 
for  that  purpose. 

For  the  nature  of  the  security,  the  general  terms  of  the  negotiation,  the 
form  and  condition  of  the  bonds,  &c.,"&c.,  you  are  respectfully  referred  to 
the  4th,  5th,  6th,  7th,  8th,  and  9th  sections  of  the  original  act  above  re- 
ferred to,  a  copy  of  which,  with  the  supplement,  is  herewith  transmitted 
for  your  inspection. 

This  letter  is  not  official  from  the  bank,  as  the  board  of  directors  have 
not  been  in  session  since  the  publication  of  your  notice,  and  eowdquently 
could  have  no  action  upon  the  subject.  It  will  be  recognized,  however,  n.- 
such,  by  the  board,  at  their  first  regular  meeting,  (the  10th  of  September 
next,)  when  a  copy  of  it  will  be  laid  before  them. 

For  any  information  which  may  be  required,  should  there  be  a  prospect 
of  effecting  this  negotiation,  please  address  president  and  directors,  or  Eton. 
H.  G-.  Kunnels,  president  of  the  Mississippi  Union  Bank,  at  Jackson,  Mis- 
sissippi;  and,  if  necessary,  an  agent  will  bo  immediately  appointed  by  the 
bank,  who  will  see  you,  in  person,  on  the  subject  of  the  negotiation,  at 
Washington.  The  acknowledgment  of  the  receipt  of  this  communication, 
directed  as  above,  so  as  to  meet  the  board  of  directors  of  the  bank  by  tho 
10th  of  September  next,  will  confer  a  favor  on  them,  and  oblige, 
Very  respectfully  and  truly,  your  obedient  servant, 

JOHN  J.  McRAE, 
Member  of  Board  of  Directors  of  Mississippi  Union  Bonk. 

To  Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  19. 
EASTERN  BANK,  BANGOU,  MAINE,  August  13,  1838. 

DEAR  SIR  :  I  have  noticed  a  paragraph  in  the  public  papers  of  the  day, 
upon  the  subject  of  the  Smithsonian  bequest,  where,  after  alluding  to  the 
act  of  Congress  directing  the  Secretary  of  the  Treasury  to  invest  the  same 
14  in  stocks  of  STATES,  bearing  interest  at  the  rate  of  not  less  than  5  per 
cent,  per  annum,"  it  is  stated  that  you  are  now  prepared  to  receive  proposals 
from  persons  who  have  stocks  of  this  description  to  dispose  of. 

I  am  directed  to  say  to  you  that  this  bank  has  a  Maine  State  scrip,  issued 
agreeably  to  law,  dated  March  23,  1838,  for  the  sum  of  $4,500,  payable  in* 


TWENTY-EIGHTH    CONGRESS,    1843-45.  28& 

five  years  from  date,  with  interest  annually,  at  the  rate  of  5  per  centum  j. 
which  we  offer  for  your  consideration. 

Very  respectfully,  your  obedient  servant, 

W.  H.  MILLS,  Cashier, 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  20. 

EASTERN  RAILROAD  OFFICE,  BOSTON,  August  14,  1838. 
SIR  :  I  notice  your  advertisement  of  the  6th  instant  for  proposals  for  the- 
purchase  of  State  stocks,  and  beg  leave  to  offer  you  $100,000  of  Massachu- 
setts State  scrip,  payable  twenty  years  from  1st  September  next,   bearing 
interest  at  the  rate  of  5  per  cent.,  payable  semi-annually. 

We  are  just  advised  of  a  large  sale  of  the  scrip  of  this  State  in  London, 
at  a  premium  of  4  per  cent.;  at  which  rate  I  am  authorized  to  sell  the 
$100,000  now  offered  to  you. 

The  last  issue  of  scrip  which  I  received  for  same  amount  of  the  Com- 
monwealth, I  sold  all  at  5  per  cent.     If  the  rate  named  should  be  at  a 
greater  premium  than  you  can  purchase  at,  I  shall  be  happy  to  receive  an 
offer,  which  I  will  communicate  to  the  directors  of  this  company. 
I  am,  sir,  very  respectfully,  yours, 

B.  T.  REED,  Treasurer. 
SECRETARY  OF  THE  TREASURY. 


D  21. 

BANK  OF  KENTUCKY,  LOUISVILLE,  August  14,  1838. 

SIR  :  I  take  the  earliest  opportunity  of  acknowledging  the  receipt  of 
yours  of  the  4th  instant. 

Having  already  made  such  arrangements  as  will  reduce  the  debt  to  you 
from  this  institution  to  $300,000,  I  am  willing  to  give  that  amount  of  the 
bonds  held  by  you  at  par.  Should  this  arrangement  satisfy  you,  please 
advise  me  as  early  as  possible. 

Your  obedient  servant,  W.  H.  POPE,  President. 

Hon.  L.  WOODBURY,  Secretary  of  the  Treasury. 


D  22. 

STATE  BANK  OF  INDIANA,  August  14,  1838. 

SIK:  For  the  purpose  of  a  prompt  adjustment  of  the  balance  due  to  the 
United  States  on  account  of  public  deposits,  I  take  an  early  occasion  to 
comply  with  the  authority  given  me  by  the  directors  of  this  institution  ; 
and  therefore,  propose  that  such  balance  due  from  this  institution,  on  ac- 
count of  public  deposits  to  the  United  States  not  otherwise  arranged  for, 
shall  be  forthwith  paid  by  this  institution  in  the  bonds  of  the  State  of  In- 
diana, bearing  5  per  centum  interest,  and  payable,  both  principal  and 
interest,  at  a  bank  in  the  city  of  New  York — the  principal  at  the  expiration 
of  30  years,  and  the  interest  semi-annually.  This  proposal  is  intended  to 
include,  also,  the  future  installments  of  our  deposit  debt. 

An  early  answer  is  requested,  and  it  is  trusted  that  this  mode  of  your 
realizing  these  means,  and  of  adjusting  an  unsettled  account,  may  be 
approved. 

I  am,  respectfully,  your  obedient  servant, 

S.  MERRILL. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  23. 

WASHINGTON,  August  14,  1838. 
SIR  :    For  one  hundred  and  fifty  thousand  dollars  of  the  Smithsonian- 


-284  CONGRESSIONAL    PROCEEDINGS. 

legacy  advertised  for  investment  in  State  stock,  I  offVr  one  hundred  and 
fifty  bonds  of  Virginia  State  scrip,  of  $1,000  each,  bearing  an  interest  of 
5  per  centum,  payable  semi-annually,  and  redeemable  in  twenty  years.  By 
an  act  of  the  Virginia  Legislature,  passed  last  April,  the  board  of  public 
works  are  authorized  to  pay  the  interest  on  this  loan,  in  specie  or  its  equiv- 
alent. A  decision  is  expected  at  an  early  day,  and  any  information  pre- 
viously desired  will  be  furnished  promptly  by, 

Very  respectfully,  your  obedient  servant, 

JOHN  BRUCE, 

President  Winchester  and  Potomac  Railroad  Co.,  Winchester,  Va. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  24. 

NEW  YORK,  August  14,  1838. 

SIR  :  In  accordance  with  the  proposal  made  by  you  for  State  stocks,  we 
offer  you  two  hundred  and  fifty  thousand  dollars  of  bonds  of  the  State  of 
Illinois,  payable  in  1860,  bearing  interest  at  the  rate  of  6  per  cent,  per 
annum,  payable  semi-annually,  in  July  and  January,  at  the  bank  of  the 
United  States  in  Philadelphia,  or  at  their  agency  in  New  York,  ut  the 
option  of  the  holder— at  one  hundred  and  four  dollars  for  every  hundred 
dollars  of  stock  ;  the  interest  which  shall  have  accrued  from  the  1st  of  July 
last  to  be  paid  to  us. 

We  are,  very  respectfully,  yours,  NEVINS,  TOWNSEND  &  Co. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  25. 

NEW  YORK,  August  15,  1838. 

DEAR  SIR  :  We  have  yours  of  the  13th  before  us.  The  stocks  we  hold 
are  the  bonds  of  the  State  of  Maine,  payable  in  1848,  bearing  an  interest  of 
5  per  cent  per  annum,  payable  in  Boston,  unmmlly.  They  are  worth  par 
here,  for  the  purpose  of  investing  in  banking,  under  the  general  law  ;  but 
if  we  could  have  an  answer  at  once,  we  will  sell  $170,000  at  98i  per  cent. 
This  is  three  per  cent,  below  the  market  price  of  the  bonds  of  the  States  of 
New  York  and  Pennsylvania,  which  are  only  preferable  to  Maine  as  a 
remittance  to  Europe. 

The  financial  condition  of  Maine  is  equal  to  any  State  in  the  Union  ;  her 
whole  indebtedness  is  but  $554,000,  and  the  banks  are  all  obliged  to  loan 
the  State  10  per  cent,  of  their  capital,  at  5  per  cent,  per  annum.  We  can- 
not hold  ourselves  bound  for  any  given  time  to  sell  the  bonds  at  this  rate, 
but  will  accept  it,  if  not  otherwise  disposed  of,  on  receipt  of  answer.  We 
know  it  to  be  a  better  investment  than  can  be  made  in  the  bonds  of  any 
State,  especially  such  as  are  indebted  to  such  an  extent  as  to  make  the 
prompt  payment  of  interest  and  principal  a  matter  of  some  doubt. 
Respectfully,  your  obedient  servants, 

PARKER  &  Co. 
McCLiNTOCK  YOUNG,  Esq., 

Acting  Secretary  of  the  Treasury,  Washington. 


D  26. 

PETERSBURG  RAILROAD  OFFICE,  August  18,  1838. 

SIR  :  On  the  8th  instant  I  had  the  honor  to  address  you,  offering  you 
$150,000  of  Virginia  6  per  cent,  stock,  at  par.  Since  then,  I  learn  that  my 
friend,  Wm.  H.  Macfarland,  president  of  the  Farmers'  Bank  of  Virginia, 
had  submitted  a  similar  proposal  to  you.  His  proposal  and  mine  are  for  the 


TWENTY-EIGHTH    CONGKESS,    1843-45.  285 

same  stock.     Therefore,  you  will  serve  both  of  us  by  accepting  either  his  or 
my  proposition. 

Begging  your  favorable  consideration, 

I  remain,  sir,  with  great  respect,  your  humble  servant, 

CHARLES  F.  OSBORNE. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  27. 

NEW  YORK,  August  18,  1838. 

DEAR  SIR  :  We  have  the  honor  to  acknowledge  the  receipt  of  yours  of 
the  13th  instant ;  and,  in  reply,  have  to  inform  you,  that,  owing  to  its  delay 
in  reaching  us,  a  negotiation  for  the  whole  amount  of  the  Mississippi  bonds 
had  been  previously  set  on  foot. 

"We  are,  therefore,  under  the  necessity  of  asking  permission  to  withdraw 
our  proposition. 

Very  respectfully,  your  obedient  servants, 

E.  C.  WILKINSON, 
J.  C.  WILKINS, 

By  E.  C.  WILKINSON. 
Mr.  McC/LiNTOCK  YOUNG,  Acting  Secretary  of  the  Treasury. 


D  28. 

NEW  YORK,  August  20,  1838. 

SIR  :  The  fund  commissioners  of  Indiana  will  furnish  Indiana  5  per 
cent,  bonds  having  24  to  25  years  to  run,  from  1st  July  last,  interest  paya- 
ble semi-annually,  in  New  York,  at  par,  to  the  amount  of  from  one  to  five 
hundred  thousand  dollars  ;  and  will  receive  therefor,  either  cash  or  the 
bonds  of  the  State  Bank  of  Indiana. 

I  would  inquire  when  I  may  learn  whether  our  proposition  is  accepted. 
For  the  fund  commissioners  of  Indiana, 

ISAAC  COE,  Fund  Commissioner. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  29. 

THE  BANK  OF  THE  STATE  OF  MISSOURI,  ST.  Louis,  August  23,  1838. 
DEAR  SIR:  I  have  lately  seen  your  advertisement  for  proposals  for  the 
investment  of  the  Smithsonian  legacy  in  State  bonds,  &c. 

I  should  be  pleased  to  sell  $114,000  of  Missouri  State  bonds  at  5£  per 
cent,  interest,  payable  semi-annually  in  the  city  of  New  York,  and  the 
principal  redeemable  twenty-five  years  after  negotiation. 

These  bonds  have  been  sent  to  London  for  sale,  but  can  be  withdrawn  at 
any  time,  if  not  sold.  I  would,  therefore,  propose  to  sell  them  to  you  at  2 
per  cent,  premium,  subject  to  the  sale  in  London.  If  not  sold  upon  the 
arrival  of  the  order  in  London  for  returning  them  to  the  United  States, 
the  sale  will  take  effect,  and  the  bonds  be  returned  without  delay,  and  de- 
livered to  you. 

I  have  the  honor  to  remain  your  obedient  servant, 

JOHN  SMITH,  President. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury,  Washington  City. 

D  30. 

TREASURY  DEPARTMENT,  August  23,  1838, 

SIR:  Eeferring  to  your  offer  to  sell  to  the  department  $500,000  of  6  per 
cent.  Arkansas  State  bonds  at  99^  per  cent.,  I  have  to  request  that  you. 


280  CONGRESSIONAL  PROCEEDINGS. 

will  submit  for  my  examination  the  law  of  the  State  authorizing  the  issue 
of  the  bonds,  and  the  form  of  the  bonds.  If  both  be  satisfactory,  I  am 
willing  on  the  arrival  of  the  money,  to  take  the  net  amount  (which  will 
not  be  far  from  half  a  million  of  dollars)  at  the  rate  offered  by  you,  as  it  is 
the  lowest  bid. 

It  is  expected  that  the  money  may  be  by  this  time  in  New  York. 
I  am,  very  respectfully,  your  obedient  servant, 

LEVI  WOODBURY,  Secretary  of  the  Treasury. 
W.  W.  CORCORAN,  Esq. 

[Enclosure.] 

This  writing  is  given  to  show  that  the  interest  due  on  the  bonds  of  the 
State  of  Arkansas,  at  this  date,  bought  by  me  of  Wm.  Corcoran,  Esq.,  be- 
longs to  said  Corcoran  when  the  same  is  paid  to  me. 

LEVI  WOODBURY,  Secretary  of  the  Treasury. 
TREASURY  DEPARTMENT,  September  4,  1838. 


D  31. 

BALTIMORE,  August  29,  1838. 

SIR  :  Under  your  notice  of  the  6th  inst.,  we  now  propose  to  furnish  you 
with  the  amount  of  stock  required  for  vesting  the  Smithsonian  bequest — 
say  "  about  half  a  million  of  dollars  " — in  Indiana  State  stock,  at  1  per  cent, 
under  the  par  value,  or  at  the  rate  of  ninety-nine  for  every  one  hundred 
dollars. 

This  stock  bears  an  interest  of  5  per  cent,  per  annum,  and  is  payable 
semi-annually  at  the  Merchants'  Bank  in  the  city  of  New  York. 

If  this  offer  be  accepted,  the  certificates  of  stock,  or  bonds,  which  are 
now  in  Europe,  will  be  delivered  at  the  earliest  period — say  in  about  fifty 
days,  or  sooner  if  practicable  ;  payment  to  be  made  us  upon  the  delivery  of 
the  bonds. 

We  have  the  honor  to  remain,  with  the  highest  respect,  your  obedient 
servants.  J.  I.  COHEN  &  BROTHERS. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury  of  the  U.  S. 


D  32. 

THE  BANK  or  THE  STATE  OF  MISSOURI,  ST.  Louis,  August  31,  1838. 
DEAR  SIR:  I  have  the  honor  to  refer  you  to  my  letter  of  the  23d  inst., 
and  beg  leave  now  to  modify  the  proposition  therein  for  the  sale  to  you  of 
$114,000  Missouri  State  5.}  per  cent  bonds. 

Instead  of  2  per  cent,  premium,  I  would  agree  to  sell  them  at  par,  paya- 
ble in  the  city  of  New  York,  subject  to  the  restrictions  and  conditions  con- 
tained in  my  letter  above  referred  to. 

I  have  the  honor  to  remain,  your  obedient  servant, 

JOHN  SMITH,  President. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury,  Washington  City. 


D  33. 

SMYRNA,  September  10,  1838. 

DEAR  SIR  :  I  saw  in  tho  Globe  your  advertising  for  stocks  bearing  inter- 
est not  less  than  5  per  cent.  I  have  a  certificate  of  stock  on  the  borough  of 
Wilmington,  Delaware,  for  one  thousand  dollars,  bearing  interest  at  the 
rate  of  5  per  cent.,  which  I  will  sell  you  at  par.  There  cannot  be  any  safer 
investment.  Please  let  me  hear  from  you. 

Respectfully,  JNO.  S.  LAMBDEN. 

Hon.  LEVI  WOODBURY. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  287 

D  34. 

TREASURY  DEPARTMENT,  December  30,  1839. 

SIR  :  In  a  few  days  I  expect  to  have  twenty  thousand  dollars  to  invest  in 
•State  stocks  on  account  of  the  Smithsonian  bequest.  If  you  have  such, 
that  you  wish  to  dispose  of,  be  pleased  to  inform  me  of  the  terms,  &c. 

I  am,  &c.,  L.  WOODBURY,  Secretary  of  the  Treasury. 

Hon.  J.  K.  PAULDING,  Secretary  of  the  Navy. 

D  35. 

TREASURY  DEPARTMENT,  December  27,  1839. 

SIR  :  Early  next  month  I  shall  have  twenty  thousand  dollars  to  invest  in 
State  stocks,  on  account  of  the  Smithsonian  bequest.  Be  pleased  to  inform 
me,  if  you  have  such  for  sale,  the  time  they  have  to  run,  the  interest  they 
bear,  &c.,  and  the  lowest  terms  you  can  furnish  them. 

I  am,  &c.,  L.  WOODBURY,  Secretary  of  the  Treasury. 

CHARLES  J.  NOURSE,  Esq.,  Washington  City,  D.  C. 

[Copies  were  sent  to  Hon.  F.  Thomas,  president  of  the  Chesapeake  and 
Ohio  Canal  Company  ;  to  W.  W.  Corcoran,  Washington,  D.  C.  ;  to  J.  D. 
Beers,  Esq.,  New  York  city  ;  and  to  Joseph  White,  Esq.,  Baltimore,  Mary- 
land.] 

D  36. 

NAVY  DEPARTMENT,  December  31,  1839. 

SIR  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the 
30th  instant. 

In  reply,  I  have  to  state  that  I  cannot  ascertain  whether  I  shall  have  any 
State  stocks  to  dispose  of  until  to-morrow,  when  I  will  communicate  with 
you  upon  the  subject. 

I  am,  respectfully,  your  obedient  servant,  J.  K.  PAULDING. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  37. 

WASHINGTON  CITY,  January  15,  1840. 

DEAR  SIR  :  In  reply  to  your  favor  of  the  27th  ultimo,  I  have  to  offer  you 
six  per  cent,  stocks  of  the  following  States,  viz  :  Michigan,  Arkansas,  and 
Illinois,  at  84 J  per  cent.;  also,  five  per  cent,  stock  of  the  State  of  Indiana, 
at  75  per  cent. — the  interest  on  all  the  above  payable  in  New  York  semi- 
annually  ;  or  I  will  sell  six  per  cents  at  one  quarter  per  cent,  less  than  any 
offer  j'ou  may  have. 

Respectfully,  your  obedient  servant,  W.  W.  CORCORAN. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  38. 

WASHINGTON,  January  6,  1840. 

SIR  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communica- 
tion on  the  subject  of  a  tender  of  State  stocks  to  the  department ;  and  to 
offer  to  you  the  amount  you  mention  as  ready  for  investment  in  Ohio 
sixes,  redeemable  in  1854,  at  88f— interest  payable  in  Now  York  ;  Illinois 
•Canal  sixes,  redeemable  in  1870,  at  75  and  72J. 

Very  respectfully,  your  obedient  servant,  CHARLES  J.  NOURSE. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

!  JANUARY  18,  1840. 

DEAR  SIR  :  Since  I  left  you,  a  gentleman  has  handed  me  a  letter,  which 


288  CONGRESSIONAL  PROCEEDINGS. 

requires  that  the  offer  of  Illinois  sixes  should  be  fixed  at  75— the  rate  first 
proposed. 

I  will  call  at  12  o'clock. 

Yours,  &c.,  CHARLES  J.  NOURSE. 

McC.  YOUNG,  Esq. 

D  39. 

NEW  YORK,  January  2,  1840. 

SIR:  I  thank  you  for  your  letter  of  the  27th  ult.  I  have  State  stocks 
which  I  will  offer  you  for  the  investment  you  wish  to  make  ;  and  i  write 
to  Mr.  Corcoran  to  hand  in  the  offer. 

I  am,  respectfully,  your  obedient  servant, 

J.  D.  BEKKS. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  40. 

TREASURY  DEPARTMENT,  July  24,  1840. 

GENTLEMEN  :  Congress  having  adjourned  without  enacting  auy  further 
provision  respecting  the  Smithsonian  fund,  and  there  being  in  the  treasury 
about  $15,000  belonging  to  that  fund,  which  it  is  the  duty  of  this  Depart- 
ment to  invest  in  State  stocks,— should  you  have  any  to  dispose  of,  I  will 
thank  you  to  inform  me  of  the  description  and  lowest  price. 
I  am,  very  respectfully,  your  obedient  servant, 

LEVI  WOODBURY,  Secretary  of  the  Treasury. 
Messrs.  CORCORAN  &  RJGGS. — Present. 

[Letters  of  the  same  tenor  and  date  as  above  were  addressed  to  the  fol- 
lowing persons,  viz:  Messrs.  Prime,  Ward  &.King,  of  New  York  ;  J.  D. 
Beers,  Esq.,  of  New  York  ;  and  C.  Macalester,  of  Philadelphia.] 

D  41. 

WASHINGTON  CITY,  July  28,  1840. 

SIR  :  We  have  the  pleasure  to  offer  you  Illinois  State  6  per  cent,  bonds, 
interest  payable  half-yearly,  in  specie,  in  New  York,  at  79£  per  cent. 
Arkansas  bonds  we  can  sell  lower. 

Very  respectfully,  your  obedient  servants,  CORCORAN  &  RIGQS. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  42. 

NEW  YORK,  July  27,  1840. 

SIR  :  In  answer  to  your  respected  letter  of  the  26th  instant,  we  beg  to 
state  that  we  will  sell  $15,000  value,  in  Kentucky  bonds  due  in  1868 — each 
$1,000 — bearing  interest  from  date  of  sale,  at  5  per  cent.,  payable  half- 
yearly  in  this  city,  and  the  price  to  be  88  per  cent.  ;  or  in  New  York  State 
5  per  cent,  stock,  due  in  1858— interest  at  5  per  cent,  from  16th  ins.— pay- 
able quarterly  in  this  city,  and  the  price  to  be  93  per  cent. 

But,  in  order  to  make  this  offer  binding  on  our  part,  we  must  ask  the 
favor  of  your  reply  accepting  it  on  or  before  the  1st  of  August  next. 
We  remain,  sir,  respectfully,  your  obedient  servants, 

PRIME,  WARD  &  KING. 
Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  43! 

WASHINGTON,  August  10,  1840. 

'SiR :  I  have  the  honor  to  tender  $20,000,  Illinois  6  per  cent,  bonds,  at  87 
per  cent.  ;  interest  from  the  1st  of  July  last. 

Respectfully  yours,  CHARLES  J.  NOURSE. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


TWENTY-EIGHTEI    CONGRESS,    1843-45.  289 

D  44. 

NORTH  AMERICAN  TRUST  AND  BANKING  COMPANY, 

No.  47  WALL  STREET,  NEW  YORK,  July  28,  1840. 

SIR  :  In  answer  to  your  letter  of    the  24th  instant,  I  have  to  state  that 
this  institution  will  sell  to  the  Department  a  sufficient  amount  of  the  six 
per  cent.  State  stock  of  Arkansas,  at  the  rate  of  70  per  cent.,  to  enable  you 
to  invest  the  $15,000  in  the  Treasury  belonging  to  the  Smithsonian  fund. 
I  am,  sir,  very  respectfully,  yours,  J.  D.  BEERS,  President. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

D  45. 

PHILADELPHIA,  July  28,  1840. 

SIR  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the 
24th  inst. ;  in  answer  to  which,  I  have  to  state  that  the  only  State  stock  I 
have  on  hand  are  Pennsylvania  5  per  cents,  which  I  hold  at  95,  redeemable 
in  1865 ;  and  some  Kentucky  6  per  cents,  redeemable  in  about  six  years, 
bearing  interest  at  6  per  cent. — principal  and  interest  payable  in  Kentucky, 
which  I  would  sell  at  87  per  cent. 

1  have  the  honor  to  be,  very  respectfully,  C.  MACALESTER. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  46. 

TREASURY  DEPARTMENT,  January  18,  1841. 

SIR  :   Having  about  $20,000  to  invest  for  the  Smithsonian  fund,  I  re- 
quest you  to  inform  me  if  you  have  any  State  stocks  to  dispose  of;  the 
amount  you  have  for  sale,  if  less  than  that ;  the  rate  of  interest  they  bear, 
and  where  payable  ;  the  State  by  which  issued,  and  the  price  you  demand. 
Very  respectfully,  your  obedient  servant, 

LEVI  WOODBURY,  Secretary  of  the  Treasury. 
CHARLES  MACALESTER,  Esq.,  Philadelphia. 

Similar  letters  sent  to  Messrs.  Corcoran  &  Kiggs,  Washington  ;  Mr. 
Charles  J.  Nourse,  Washington  ;  Mr.  J.  D.  Beers,  New  York  ;  Mr.  B.  S. 
Keed,  Boston. 

D  47. 

NEW  YORK,  January  21,  1841. 

SIR  :  I  have  duly  received  your  favor  informing  me  that  you  have 
$20,000  to  invest  in  State  bonds.  I  therefore  propose  to  supply  you  with 
Arkansas  State  bonds,  such  as  heretofore  sold  you,  at  80  per  cent.  The 
last  sale  here  of  Arkansas  bonds  by  the  Comptroller  of  this  State,  was  on 
the  2d  inst.,  at  79  and  80.  If  this  is  the  best  offer,  I  presume  you  will 
receive  them  of  me,  and  I  will  thank  you  not  to  let  any  know  of  my  offer, 
unless  it  is  accepted. 

I  am,  respectfully,  your  obedient  servant,  J.  D.  BEERS. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  48. 

PHILADELPHIA,  January  22,  1841. 

SIR  :  I  have  your  letter  of  the  18th  ;  in  answer  to  which  I  have  the  honor 
to  state,  that  I  have  for  sale  the  sum  you  require,  of  the  following  stocks  : 

Pennsylvania  State  fives,  redeemable  in  187O ;    price  $89  for  each  $100, 
payable  at  Philadelphia  ;  interest  payable  1st  of  August. 

Ohio  State  sixes,  redeemable  in  1860  ;  price  $97.50"for  each  $100,  payable 
at  New  York  ;  interest  payable  January  1  and  July  1. 

19 


290  CONGRESSIONAL    PROCEEDINGS. 

Kentucky  State  sixes,  redeemable  in  1868 ;  price  $05  for  each  $100,  pay- 
able at  New  York  ;  interest  payable  January  1  and  July  1. 

Kentucky  State  sixes,  redeemable  in  1846  ;  price  $85  for  each  $100,  pay- 
able at  Frankfort,  Kentucky  ;  interest  payable  April  and  October. 
I  am,  very  respectfully,  your  obedient  servant, 

C.  MACALESTKR. 

Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 

P.  s._ The  book  for  the  transfer  of  the  Pennsylvania  loan  being  closed, 
these  loans  are  now  sold  with  the  interest  due  1st  of  February  off. 


D  49. 

EASTERN  RAILROAD  OFFICE,  BOSTON,  January  22,  1841. 
SIR  :  Your  favor  of  the  18th  instant  is  before  me.     I  have  sold  all  the 
Massachusetts  State  stock  which  I  recently  had,  and  closed  it  at  99 £. 

But  a  friend  has  of  Massachusetts  State  stock,  payable  in  18  years, 
$20,000,  drawing  interest  at  5£  per  annum,  payable  semi-annual ly,  which 
I  can  furnish  at  99  per  cent.  ;  and  of  New  York  Stale  stock,  payable  in 
about  twenty  years,  $20,000,  drawing  interest  at  5£  per  cent,  per  annum, 
payable  quarterly,  at  98i  per  cent. 

New  York  city  stock, "payable  in  about  25  years,  drawing  interest  at  5 
per  cent,  per  annum,  payable  quarterly,  at  96J  per  cent. 

I  am,  sir,  respectfully,  B.  T.  REED. 

SECRETARY  OF  THE  TREASURY. 


D  50. 

WASHINGTON  CITY,  January  30,  1841. 

DEAR  SIR  :  In  reply  to  your  favor  of  the  18th  instant,  we  have  to  offer 
you  six  per  cent,  stocks  of  the  States  of  Illinois  or  Michigan,  interest  pay- 
able half-yearly  in  New  York,  at  eighty  per  cent.,  or  one-half  per  cent, 
below  any  offer  you  may  have. 

Respectfully,  your  obedient  servants,  CORCORAN  &  RIGOS. 

The  Hon.  LEVI  WOODBURY,  Secretary  of  the  Treasury. 


D  51. 

TREASURY  DEPARTMENT,  January  30,  1841. 

GENTLEMEN  :  Your  offer  of  the  Illinois  bonds  for  the  Smithsonian  fund 
is  accepted  at  79J.     There  was  an  offer  of  other  stock  at  80. 
I  am,  very  respectfully,  your  obedient  servant, 

LEVI  WOODBURY,  Secretary  of  the  Treasury. 
Messrs.  CORCORAN  &  RIQGS,  Washington  City. 


D  52. 

TREASURY  DEPARTMENT,  July  8,  1841. 

SIR  :  There  is  at  this  time  in  the  Treasury  a  balance  of  $18,271.86,  be- 
longing to  the  Smithsonian  fund,  which  I  am  required  by  law  to  invest  in 
Statf  stocks. 

If  you  have  Massachusetts,  Ohio,  or  New  York  State  stocks  to  dispose  of, 
I  will  thank  you  to  propose  the  amount  of  either  you  are  willing  to  deliver 
to  this  Department  for  that  balance. 

I  am,  very  respectfully,  your  obedient  servant, 

THOMAS  EWING,  Secretary  of  the  Treasury. 
C    J.  NOURSE,  Esq. — Present. 

[Letters  of  the  same  tenor  and  date  as  above  were  addressed  to  the  fol- 
lowing persons,  viz :  Messrs.  Corcoran  &  Riggs,  of  Washington  ;  Messrs. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  291 

J.  E.  Thayer  &  Brother,  of  Boston  ;  and  Messrs.  Nevins.  Townsend  &  Co., 
of  New  York.] 

D   53. 

WASHINGTON,  July  14,  1841. 

SIR  :  I  will  furnish  the  amount  wanted  for  the  Smithsonian  fund  in 
Ohio  sixes  at  94J;  New  York  fives  at  86J. 

The  rate  of  Massachusetts  I  will  send  you  in  a  day  or  two. 

Yours,  respectfully,  CHAS.  J.  NOURSE. 

Hon.  Tnos.  EWING. 

D  54. 

WASHINGTON,  July  18,  18.41. 

I  can  furnish  Ohio  sixes  for  the  Smithsonian  investment  at  94^,  instead  of 
94.},  as  tendered  previously. 

The  Ohio  sixes  redeemable  1865. 

Eespcctfully,  CHAS.  J.  NOURSE. 

Hon.  T.  EWING. 

D  55. 

NEW  YORK,  July  10,  1841. 

DEAR  SIR  :  We  are  in  receipt  of  your  favor  of  the  8th  instant.  We  will 
deliver  to  your  order  $19,969.25  New  York  5£  per  cent,  stock,  redeemable 
in  1861— or  $19,233.53  Ohio  six  per  cent,  stock,  redeemable  in  1860— for  the 
sum  of  $18,271.86,  if  apprized  of  your  acceptance  of  the  offer  by  Thursday 
morning 

We  are,  with  great  respect,  your  obedient  servants, 

NEVINS,  TOWNSEND  &  Co. 
Hon.  T.  EWING,  Secretary  of  the  Treasury. 


D  56. 

BOSTON,  July  13,  1841. 

SIR  :  Your  favor  of  the  8th  is  received.  We  can  furnish  you  Massa- 
chusetts five  per  cent,  stock  at  one-half  per  cent,  advance ;  or  "New  York 
State  stock,  five  per  cent.,  at.85|-  per  cent.  As  the  bonds  are  issued  in  sums 
of  one  thousand  dollars,  we  could  not  furnish  the  precise  amount  which 
you  mention.  There  is  none  of  the  Ohio  stock  held  in  our  market. 
Very  respectfully,  your  obedient  servants, 

J.  E.  THAYER  &  BROTHER. 
Hon.  THOMAS  EWING,  Secretary  of  the  Treasury,  Washington. 


D  57. 

NEW  YORK,  July  16,  1841. 

DEAR  SIR  :  I  have  felt  some  doubt  as  to  making  you  a  more  favorable 
ofter  for  the  $18,271.86  belonging  to  the  Smithsonian  fund,  than  the  offer 
you  already  have:  but  have  concluded  to  offer  you  $19,250  Ohio  State 
stock — interest  from  1st  of  July  instant. 

Should  you  think  proper  to  accept  this  offer,  and  forward  to  me,  or  to 
J .  N.  Perkins,  cashier,  a  draft  for  the  money,  the  stock  certificate  will  be 
immediately  issued  thereon,  in  such  name  as  you  may  direct. 
Very  respectfully,  &c., 

ALFRED'KELLY,  Commissioner  Ohio  Canal  Fund. 
Hon.  THOMAS  EWING,  Secretary  of  the  Treasury,  Washington  City. 


292  CONGRESSIONAL  PROCEEDINGS. 

D  58. 

WASHINGTON  CITY,  July  17,  1841. 

SIR  :  In  reply  to  your  favor  of  the  8th  instant,  we  have  the  pleasure  to 
offer  Ohio  six  per  cent,  stock,  to  the  extent  wanted,  at  94  per  cent. 

Eespectfully,  your  ohedient  servants,  CORCORAN  &  Rioos. 

The  Hon.  THOMAS  EWING, 

Secretary  of  the  Treasury,  Washington  City. 

D  59. 

TREASURY  DEPARTMENT,  July  13,  1841. 

GENTLEMEN  :  I  have  received  your  letter  of  the  10th,  with  the  offer  of 
New  York  5J  per  cent,  and  Ohio  6  per  cent,  stock,  on  account  of  the 
Smithsonian  fund.  Having  applied  to  three  or  four  others  for  tenders  of 
similar  stocks,  from  whom  it  is  hardly  time  to  expect  replies,  it  will  not  be 
in  my  power  to  determine  upon  your  proposition  by  the  time  limited  by 
you.  Shall  it  be  regarded  as  a  subsisting  proposition  until  withdrawn  ;  or, 
after  Thursday,  shall  I  decide  without  regard  to  your  offer  ?  Please  inform 
me  by  return  mail. 

I  am,  &c.,  T.  EWING,  Secretary  of  the  Treasury. 

Messrs.  KEVINS,  TOWNSESD  &  Co.,  New  York. 


D  60. 

NEW  YORK,  July  15,  1841. 

DEAR  SIR  :  We  have  your  favor  of  the  13th  instant.  We  will  continue 
our  offer  until  the  22d  instant ;  modifying  it  as  to  the  New  York  stock, 
of  which  we  will  furnish  the  exact  sum  of  twenty  thousand  dollars  for  that 
of  $18,271.86. 

Very  respectfully,  your  obedient  servants, 

KEVINS,  TOWNSEND  &  Co. 
Hon.  T.  EWING,  Secretary  of  the  Treasury. 

D  61. 

TREASURY  DEPARTMENT,  July  8,  1841. 

GENTLEMEN:  There  is  now  in  the  Treasury  a  balance  of  $18,271.86 
belonging  to  the  Smithsonian  fund,  which  I  am  required  by  law  to  invest 
in  State  stocks.  I  will  thank  you  to  inform  rate  what  amount  of  Massachu- 
setts, New  York,  or  Ohio  State  stock  you  are  willing  to  deliver  to  this 
department  for  that  balance,  to  be  paid  at  New  York. 

I  am,  very  respectfully,  your  obedient  servant, 

THOMAS  EWING,  Secretary  of  the  Treasury. 
Messrs.  PRIME,  WARD  &  KING,  New  York. 


D  62. 

NEW  YORK,  July  10,  1841. 

SIR  :  In  answer  to  your  communication  of  the  8th  instant,  we  beg  to 
state  that  we  have  no  stocks  of  the  kind  which  you  designate,  to  offer  to 
you  as  an  investment  of  the  Smithsonian  fund. 
We  remain,  sir,  respectfully  yours, 

PRIME,  WARD  &  KING. 
Hon.  T.  EWING,   Washington. 

D  63. 

TREASURY  DEPARTMENT,  July  20,  1841. 
GENTLEMEN  :  Your  tender  of  Ohio  6  per  cent,  stock,  payable  in  New 


TWENTY-EIGHTH    CONGRESS,    1843-45.  293 

York,  for  the  Smithsonian  fund,  at  the  rate  of  $100  in  stock  for  $94  in 
cash,  is  accepted. 

The  amount  to  be  invested,  as  mentioned  in  my  letter  of  the  8th,  may  be 
diminished  about  $1,000  by  the  non-payment  of  some  coupons.  Of  this  I 
shall  be  able  to  inform  you  in  the  course  of  the  day. 

I  am,  very  respectfully,  your  obedient  servant, 

THOMAS  EWING,  Secretary  of  the  Treasury. 
Messrs.  CORCORAN  &  RIGGS. 

HOUSE  OF  EEPRESENTATIVES,  June  7,  1844. 

Mr.  ADAMS  from  the  select  committee  on  the  subject  of 
the  Smithsonian  bequest,  made  a  report  thereon,  accompa- 
nied by  a  bill  (No.  418)  to  provide  for  the  disposal. and 
management  of  the  fund  bequeathed  by  James  Smithson  to 
the  United  States,  for  the  establishment  of  an  institution 
for  the  increase  and  diffusion  of  knowledge  among  men  : 
which  bill  was  read  a  first  and  second  time,  and  committed 
to  the  Committee  of  the  Whole  House  on  the  state  of  the 
Union. 

The  following  is  the  report : 

The  select  committee,  to  whom  was  referred  the  letter  of 
the  Secretary  of  the  Treasury  of  19th  February  last,  relat- 
ing to  the  then  state  and  condition  of  the  funds  bequeathed 
by  James  Smithson  to  the  United  States,  for  the  establish- 
ment of  an  institution  for  the  increase  and  diffusion  of 
knowledge  among  men,  have  attended  to  that  duty,  and 
respectfully  submit  to  the  consideration  of  the  House  a  bill, 
to  give  immediate  effective  operation  to  the  purposes  of 
the  testator  in  that  bequest;  and  in  explanation  of  the 
necessity  and  object  of  this  bill,  take  leave  to  recall  to  the 
memorj-  of  this  House  the  material  circumstances  of  the 
acceptance  of  this  bequest,  of  the  reception  of  the  funds 
bequeathed  by  the  testator,  and  of  the  disposition  of  them 
hitherto  made  by  Congress,  and  its  present  condition. 

The  existence  of  the  bequest  of  James  Smithson  to  the 
United  States  of  America  was  communicated  to  Congress 
by  a  message  from  the  President  of  the  United  States  of 
the  17th  December,  1835;  and  by  an  act  of  Congress,  ap- 
proved July  1,  1836,  the  bequest  was  accepted,  and  the 
President  was  authorized  and  enabled  to  assert  and  prose- 
cute, with  effect,  the  claim  of  the  United  States  to  the 
property  thereby  bequeathed,  and  then  held  in  trust  by  the 
English  court  of«  chancery.  The  third  section  of  this  act  is 
in  the  following  words  : 

SEC.  3.  And  be  it  further  enacted,  That  any  and  all  sums  of  money,  and 
other  funds,  which  shall  be  received  for  or  on  account  of  the  said  legacy, 
shall  be  applied,  in  such  manner  as  Congress  may  hereafter  direct,  to  the 
.purpose  of  founding  and  endowing  at  Washington,  under  the  name  of  the 


294  CONGRESSIONAL  PROCEEDINGS. 

Smithsonian  Institution,  an  establishment  for  the  increase  and  diffusion  or 
knowledge  among  men  :  to  which  application  of  the  said  moneys,  and  oiher 
funds,  the  faith  vf  the  United  States  is  hereby  pledged." 

Under  an  authority  conferred  by  this  act,  the  President 
of  the  United  States  appointed  Richard  Rush  the  agent  to 
recover  the  property  held  in  trust  in  the  English  court  of 
chancery — a  commission  faithfully  and  successfully  exe- 
cuted ;  and  on  the  1st  of  September,  1838,  Mr.  Rush  depos- 
ited in  the  mint  of  the  United  States,  at  Philadelphia,  the 
sum,  in  gold,  of  five  hundred  and  eight  thousand  three 
hundred  and  eighteen  dollars  and  forty-six  cents;  which, 
together  with  sundry  articles  of  furniture  and  books,  of 
small  and  indefinite  pecuniary  value,  constituted  the  whole 
of  the  bequest  of  James  Smithsou  to  the  United  States. 

Before  the  time  of  this  deposit  at  the  mint,  the  sixth  sec- 
tion of  the  act  of  Congress  of  July  7,  1838,  entitled  "An 
act  to  provide  for  the  support  of  the  Military  Academy  of 
the  United  States,  for  the  year  eighteen  hundred  and  thirt}'- 
eight,  and  for  other  purposes,"  had  disposed  of  the  fund  as 
follows : 

"  SEC.  6.  And  be  it  further  enacted,  That  nil  the  money  arising  from  the 
bequest  of  the  lute  James  Smithson,  of  London,  for  the  purpose  of  found- 
ing at  Washington,  in  this  District,  an  institution  to  be  denominated  the 
Smithsonian  Institution,  which  may  be  paid  into  the  Treasury,  is  hereby 
appropriated,  and  shall  be  invested  by  the  Secretary  of  the  Treasury,  with 
the  approbation  of  the  President  of  the  United  States,  in  stocks  of  States, 
bearing  interest  at  the  rate  of  not  less  than  five  per  centum  per  annum, 
which  said  stocks  shall  be  held  by  the  said  Secretary  in  trust  for  the  uses 
specified  in  the  last  will  and  testament  of  said  Smithson,  until  provi.-ion  is 
made  by  law  for  carrying  the  purpose  of  eaid  bequest  into  effect;  and  that' 
the  annual  interest  accruing  on  the  stock  aforesaid  shall  be  in  like  manner 
invested  for  the  benefit  of  said  institution." 

Under  the  authority  of  this  provision,  $499,500  of  the 
money  received  at  the  mint  on  the  1st  of  September,  1838, 
were,  on  the  4th  of  the  same  month,  invested  in  five  hun- 
dred bonds  of  the  State  of  Arkansas,  of  §1,000  each,  bear- 
ing interest  at  the  rate  of  six  per  cent,  per  annum,  payable 
half-yearly,  on  the  first  days  of  January  and  July  of  each 
year,  until  the  payment  of  the  principal,  on  the  26th  day  of 
October,  1861. 

Under  the  same  authority,  subsequent  investments  were 
made  in  bonds,  of  the  same  State  of  Arkansas,  as  follows : 

Dec.  29,  1838.— $10,000,  in  10  bonds,  payable  Jan.  1,  1868...  -  $10,000  00 
July    6,  1839.— $13,000,  in  13  bonds,  payable  Jan.  !•  1868  13,000  00 

Sept.  21,  1840.— $15,000,  in  15  bonds,  payable  Jan.  1,  1868.—     15  000  00 
Upon  these  bonds  there  had  been  paid,  for  interest,  on  the  31st 

December    1843 93)501  73 

And  there  was  then  due  for  interest  on  the  same 75,G87  84- 

Whence  it  appears  that  from  and  after  July,  1841,  all 


TWENTY-EIGHTH    CONGRESS,    1843-45.  295 

payments  of  interest  on  said  Arkansas  bonds  have  ceased; 
and  that  the  amount  due  is  accumulating  at  the  rate  of 
more  than  $32,000  a  year — amounting  at  this  da}-,  to  more 
than  $90,000. 

On  the  23d  of  November,  1838,  $8,000  were  invested  in  bonds  of 
the  State  of  Michigan,  payable  on  the  first  Monday  of  July, 
1858,  bearing  interest  at  6  per  cent.,  payable  half-yearly  at 

the  Manhattan  Bank,  in  the  city  ot  New  York $8,000 

On  these  bonds,  there  was  due  on  the  31st  of  December,  1843, 

one  year's  interest 480 

There  were  invested  in  bonds  of  the  State  of  Illinois — 
1840   Feb.  3. — 13  bonds  of  $1,000  each,  payable  after  the  year 

1860 13,000 

3  bonds  of  $1,000  each,  payable  after  the  1st 

January,  1873 3,000 

10  bonds   of   $1,000  each,   reimbursable   at  the 
pleasure  of  the  State  after  the  year  1860 10,000 

1840,  Dec.  3.— 6  bonds  of  the  State  of  Illinois  of  $1,000  each, 

payable  after  the  1st  of  January,  1870     $6,000 

1841,  Feb.  1. — 24  bonds,  payable  after  the  1st  of  Janu- 

ary, 1870 24,000 

$30,000 

On  these  bonds  of  the  State  of  Illinois,  there  was  due  on  the  31st 

of  December,  1843,  one  year's  interest 3,360 

There  were  invested  in  the  6  per  cent,  canal  stocks  of  the 
State  of  Ohio— 
1841,  Aug.    7.— 13  bonds  of  $1,000  each,  payable  after  the  31st 

December,  1860 13,000 

1841,  Aug.  10.— 5  bonds  of  $1,000  each,  payable  after  the  31st 

December,  1860 5,000 

Upon  these  bonds,  on  the  31st  December,  1843,  no  inter- 
est was  due. 

The  first  section  of  an  act  of  Congress  of  llth  Septem- 
ber, 1841,  repealed  so  much  of  the  sixth  section  of  the  act 
of  7th  July,  1838,  as  required  the  Secretary  of  the  Treasury 
to  invest  the  annual  interest;  accruing  on  the  investment  of 
the  money  arising  from  the  bequest  of  James  Smithson  in 
the  stocks  of  the  States.  And  the  Secretary  of  the  Treas- 
ury was  thenceforth  required,  until  Congress  shall  appro- 
priate said  accruing  interest  to  the  purposes  prescribed  by 
the  testator,  for  the  increase  and  diffusion  of  knowledge 
among  men,  to  invest  said  accruing  interest  in  any  stock  of 
the  United  States  bearing  not  less  than  five  per  centum  per 
annum. 

Since  that  time,  the  4  investments  in  the  stocks  of  the 
United  States  have  been  as  follows  : 

1841,  September  27,  5£  per  cent,  stocks $1,291  86 

1842,  August        27,  6          "  "      1,135  80 

1842,  December  29,  6    '  "      8,32279 

1843,  Mutch         31,6  "      65305 

1844,  January      12,5  "      4,23135 

Total-          ._J—  -  $15,634  85 


296  CONGRESSIONAL    PROCEEDINGS. 

Which  sum  is  the  whole  amount  of  interest  received  at 
the  Treasury  in  the  space  of  two  years  and  four  months, 
(from  the  llth  September,  1841,  to  the  12th  January,  1844,) 
from  a  fund  which,  in  that  space  of  time,  should  have 
yielded  little  less  than  $80,000.  This,  then,  is  the  present 
condition  of  the  fund. 

There  are  in  the  Treasury  of  the  United  States  620  bonds 
of  the  States  of  Arkansas,  Illinois,  Ohio,  and  Michigan, 
viz: 

Arkansas 538 

Illinois 56 

Ohio 18 

Michigan 8 

Total 620 

for  $1,000  each,  bearing  on  their  face  interest  at  6  per  cent, 
a  year,  payable  half-yearly  in  the  city  of  New  York.  The 
principal  of  these  bonds  is  payable  at  clinYivnt  times  from 
1850  to  1873 — none  before  the  first  of  those  periods;  and 
none  after,  but  at  the  pleasure  of  the  several  contracting 
States. 

The  annual  interest  upon  these  bonds  is  $37,200  dollars, 
payable  in  semi-annual  payments  in  the  city  of  New  York ; 
but,  with  the  exception  of  the  bonds  of  the  State  of  Ohio, 
the  payment  of  interest  on  all  the  rest  is  suspended ;  which 
suspension  on  the  bonds  of  the  State  of  Arkansas  has 
already  continued  for  the  space  of  nearly  three  years. 

The  arrears  of  this  interest  due  on  the  31st  of  December, 
1843,  were— 

Of  the  State  of  Arkansas 75,687  84 

Michigan 480  00 

Illinois 3,360  00 


Forming  an  aggregate  of 79,527  84 

Which  added  to  the  amount  of  the  bonds 620,000  00 

Gives  the  amount  in  the  Treasury 699,527  84 

on  the  31st  of  December,  1843;  which  sum,  with  the  accru- 
ing interest  ^to  the  31st  of  December,  1846,  will  exceed 
$800,000.  The  stipulated  period  of  payment  of  the  princi- 
pal of  all  these  bonds  is  remote — none  being  payable  earlier 
than  1850;  some  of  them  not  before  1870;  and  all  post- 
ponable  at  the  pleasure  of  the  State.  So  that,  while  the 
payments  of  interest  remain  suspended,  neither  principal 
nor  interest  is  available  for  application  by  Congress  to  the 
purpose  of  the  bequest— the  increase  and  diffusion  of 
knowledge  among  men. 

Yet,  in  the  act  of  Congress  of  July  1st,  1836,  accepting 


TWENTY-EIGHTH    CONGRESS,    1843-45.  297 

tthe  bequest,  the  faith  of  the  United  States  was  solemnly 
pledged  that  all  the  sums  of  money  and  other  funds  re- 
ceived  for  or  on  account  of  this  legacy,  should  be  applied 
to  the  humane  and  generous  purpose  prescribed  by  the  tes- 
tator. 

For  the  redemption  of  this  pledge,  it  is  indispensably 
necessary  that  the  fund  now  locked  up  in  the  Treasury,  in 
the  bonds  of  these  States,  and  the  accruing  interest  on 
them,  (the  payment  of  which  is  now  suspended,)  should  be 
made  available  for  the  disposal  of  Congress  to  execute  the 
sacred  trust  which,  in  the  name  of  the  United  States,  they 
have  assumed.  For  this  purpose,  the  committee  report  a 
bill  appropriating  the  sum  of  $800,000  to  be  invested  in 
certificates  of  stock  of  the  United  States,  bearing  interest 
at  the  rate  of  six  per  cent,  a  year,  payable  half-yearly,  and 
redeemable  at  the  pleasure  of  Congress,  by  the  substitution 
of  other  funds  of  equal  value ;  which  sum  of  $800,000 
shall  constitute  permanent  funds — thus  appropriated,  as 
follows : 

1.  To  replace  the  sum  of  $508,318.46  deposited  in  the 
mint  of  the  United  States,  in  gold,  on  the  1st  of  September, 
1838,  and  $500,000  of  which  were,  on  the  4th  of  the  same 
month,  invested  for  and  on  account  of  the  United  States,  in 
.bonds  of  the  State  of  Arkansas. 

2.  $300,000  to  supply  the  place  of  the  interest  which  has 
accrued,  and  will  accrue  until  or  near  the  31st  of  Decem- 
ber, 1846,  on  the  bonds  now  in  the  Treasury  of  the  United 
States,  the  payment  of  interest  on  which  is  at  present  sus- 
pended. 

The  committee  will  not  entertain  a  doubt  that  the  States 
of  Arkansas,  Illinois,  and  Michigan,  will  have  made,  before 
the  close  of  the  year  1846,  provision  for  payment  of  the 
arrears  of  interest  due  upon  their  bonds,  and  for  the  punc- 
tual payment  of  the  same  interest  as  it  may  hereafter 
accrue.  The  appropriations  from  the  Treasury  proposed 
by  the  bill  herewith  reported,  will  require  no  disbursement 
of  money  beyond  one  year's  interest  on  the  whole  fund, 
and  the  amount  now  in  the  Treasury  and  available  for  the 
immediate  disposal  of  Congress.  The  appropriations  au- 
thorized by  the  bill  are  necessary  to  enable  Congress  to 
proceed  immediately  to  the  execution  of  the  trust  commit- 
ted to  them  by  the  testator,  and  for  the  fulfillment  of  which 
the  faith  of  the  nation  has  been  pledged ;  but  they  will 
constitute  no  burdens  upon  the  Treasury  itself,  and  no 
ultimate  expenditure,  other  than  the  proceeds  of  the  Smith- 
sonian fund  itself.  The  proposal  is,  that  of  this  sum  of 


298  CONGRESSIONAL    PROCEEDINGS. 

$300,000,  $60,000  shall  be  held  as  a  permanent  fund  ;  from 
the  interest  of  which,  without  intrenching  upon  the  prin- 
cipal, a  sum  of  $3,600  a  year  shall  be  provided  for  the  com- 
pensation of  an  astronomical  observator,  and  for  the  con- 
tingent expenses  of  repairs  of  an  observatory,  occasionally 
required.  That  a  like  fund  of  $120,000  shall  be  reserved, 
yielding  a  yearly  interest  of  $7,200,  for  a  compensation  of 
$1,500  a  year  for  each  of  four  assistant  observers,  and  of 
two  laborers  with  the  wages  for  each  of  $600  a  year.  That 
a  fund  of  $20,000  should  supply  a  yearly  interest  for  the 
purchase  of  new  publications  on  subjects  connected  with 
science;  and  another  fund,  from  the  interest  of  which  may 
be  defrayed  the  compensation  of  the  secretary  and  treas- 
urer of  the  corporation,  and  the  charge  of  publication  of  a 
nautical  almanac,  and  of  the  observations  made  by  the, 
observators.  There  remains,  then,  a  sum  of  #70,000  to  be 
expended  for  the  erection  of  the  observatory,  and  of  tl it- 
necessary  buildings  connected  therewith,  and  for  the  pur- 
chase of  instruments  and  books  necessary  and  suitable  for 
the  establishment,  which  may  be  thus  formed  and  com- 
pleted by  the  close  of  the  year  1846. 

For  refunding  to  the  Treasury  the  whole  sum  thus  appro- 
priated, principal  and  interest,  the  only  requisite  will  be  the 
sense  of  justice  of  the  Governments  of  the  States  of  Ark- 
ansas, Illinois,  and  Michigan,  of  which,  as  the  committee 
have  observed,  they  cannot  entertain  a  doubt. 

The  committee  respectfully  report,  with  slight  modifica- 
tions adapted  to  the  present  circumstances,  the  same  bill 
reported  by  a  committee  of  this  House  at  the  :M  session  of 
the  27th  Congress,  on  the  12th  of  April,  184± 

And,  finally,  the  committee  refer  the  House,  for  a  full 
exposition  of  the  facts  and  principles  upon  which  the  bill 
now  reported  is  predicated,  to  the  following  previous  reports 
of  committees  of  this  House,  on  the  subject  of  the  Smith- 
sonian bequest : 

Report  No.  181,  of  January  19,  1836,  24th  Congress  1st 
session,  with  accompanying  documents. 

Report  No.  277,  of  March  5,  1840,  20th  Congress  1st  ses- 
sion, with  amendatory  bill  H.  R,  No.  1. 

Report  No.  587,  of  April  12,  1842,  27th  Congress  2d  ses- 
sion, with  bill  II.  R.  No.  386. 

All  of  which  this  committee  request  may  be  taken  as 
part  of  their  report. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  299> 

[H.  R.  No.  418.] 

A  BILL  to  provide  for  the  disposal  and  management  of  the  fund  be- 
queathed by  James  Smithson  to  the  United  States,  for  the  establishment 
of  an  institution  for  the  increase  and  diffusion  of  knowledge  among  men. 

SEC.  I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  President  of  the 
Senate  and  the  Speaker  of  the  House  of  Representatives  of  the  United 
States,  the  Chief  Justice  of  the  United  States,  the  Secretaries  of  State, 
Treasury,  War,  and  Navy,  the  Postmaster  and  Attorney  Generals,  the 
Chief  Justice  of  the  Circuit  Court  of  the  United  States  for  the  District  of 
Columbia,  and  the  Mayor  of  the  city  of  Washington,  shall  be,  and  hereby 
are,  constituted  a  body  politic  and  corporate,  by  the  style  and  title  of  "  The 
trustees  of  the  Smithsonian  Institution  for  the  increase  and  diffusion  of 
knowledge  among  men,"  with  perpetual  succession,  and  the  usual  powers, 
duties,  and  liabilities,  incident  to  corporations. 

SEC.  2.  And  be  it  farther  enacted,  That  the  corporation  so  constituted 
shall  have  power  to  appoint,  from  citizens  of  the  United  States  other  than, 
members  of  the  board,  a  secretary  and  a  treasurer,  to  hold  their  offices 
during  the  pleasure  of  the  board,  and  removable  at  their  pleasure,  and 
others  to  be  appointed  in  their  places,  and  to  fix  from  time  to  time  their 
compensations.  And  the  secretary  and  treasurer  only  shall  receive  pecu- 
niary compensation  for  their  services,  and  those  of  the  members  of  the 
board  of  trustees  shall  be  gratuitous.  And  the  offices  of  secretary  and 
treasurer  may,  at  the  discretion  of  the  board  of  trustees,  be  held  by  the 
same  person.  The  secretary  and  treasurer  shall  be  sworn  to  the  faithful 
discharge  of  the  duties  of  their  respective  offices  ;  and  the  treasurer  shall 
give  bond,  under  the  penalty  of  fifty  thousand  dollars,  with  sureties  to  the 
satisfaction  of  the  Secretary  of  the  Treasury,  for  the  safe  custody  and  faith- 
ful application  of  all  the  funds  of  the  Institution  which  may  come  to  his 
hands  or  be  at  his  disposal. 

SEC.  3.  And  be  it  further  enacted,  That  the  sum  of  eight  hundred  thou- 
sand dollars  be,  and  the  same  is  hereby  appropriated,  by  investment  of  that 
sum  in  certificates  of  stock  to  that  amount  of  the  United  States,  bearing 
interest  at  the  rate  of  six  per  cent,  a  year,  from  and  after  the  passage  of 
this  act,  redeemable  at  the  pleasure  of  Congress  by  the  substitution  of  other 
funds  of  equal  value  and  yielding  the  same  income,  the  said  interest  being 
payable  half-yearly  on  the  first  Mondays  of  January  and  July.  The  said 
stocks  to  be  applied  in  manner  following  :  First,  to  constitute  a  fund  of  five 
hundred  thousand  dollars,  bearing  interest  as  aforesaid,  to  supply  the  place 
of  the  same  sum  received  at  the  mint  of  the  United  States  at  Philadelphia, 
in  gold,  on  the  first  day  of  September,  of  the  year  eighteen  hundred  and 
thirty-eight,  and  on  the  fourth  day  of  the  same  month  invested,  for  account 
of  the  United  States,  in  five  hundred  bonds  of  the  State  of  Arkansas,  of 
one  thousand  dollars  each,  bearing  interest  at  the  rate  of  six  per  cent,  a 
year,  payable  half-yearly,  and  the  principal  of  which  is  redeemable  on  the 
second  of  October,  eighteen  hundred  and  sixty.  Secondly,  to  constitute  a 
fund  of  three  hundred  thousand  dollars,  bearing  interest  as  aforesaid,  to 
supply  the  place  of  an  equal  sum  invested  in  one  hundred  and  forty  bonds 
of  the  States  of  Arkansas,  Michigan,  Illinois,  and  Ohio,  and  of  interest 
which  has  accrued,  and  may  hereafter  accrue,  to  the  said  amount  of  three 
hundred  thousand  dollars,  from  the  said  sum  deposited  at  the  mint  of  the 
United  States  at  Philadelphia,  on  the  first  day  of  September,  eighteen  hun- 
dred and  thirty-eight ;  the  said  fund  to  be  applied  to  the  execution  of  the 
purpose  of  the  testator,  "  the  increase  and  diffusion  of  knowledge  among 
mon,"  in  manner  following  : 

Of  the  said  fund,  there  shall  be  applied  for  the  erection  and  establishment, 
at  the  city  of  Washington,  of  an  astronomical  observatory,  adapted  to  the 
most  effective  and  continual  observations  of  the  phenomena  of  the  heavens  ; 
to  be  provided  with  the  necessary,  best,  and  most  perfect  instruments  and. 


300  CONGRESSIONAL    PROCEEDINGS. 

books,  for  the  periodical  publication  of  said  observations,  and  for  tho 
annual  composition  and  publication  of  a  nautical  almanac,  thirty  thousand 
--dollars. 

Of  the  said  fund  there  shall  be  reserved  in  the  stock  thus  invested,  the 
.sum  of  sixty  thousand  dollars,  from  the  yearly  interest  of  which  the  com- 
pensation shall  be  paid  of  an  astronomical  observator,  to  be  appointed  by 
the  board  of  overseers,  removable  at  their  discretion,  and  another  to  be-  ap- 
pointed whenever  the  said  office  may  be  vacant ;  and  his  compensation  shall 
be  at  the  rate  of  three  thousand  dollars  a  year,  and  six  hundred  dollars  a> 
year  shall  be  reserved  for  the  incidental  and  contingent  expenses  of  repairs 
upon  the  buildings,  as  they  may  be  required. 

Also,  one  hundred  and  twenty  thousand  dollars,  from  the  yearly  interest 
of  which  shall  be  paid  the  compensation  of  four  assistants  to  the  astrono- 
mer, and  of  laborers  necessary  for  attendance  on  him,  and  for  the  care  and 
preservation  of  the  buildings.  The  compensation  of  the  four  assistants  to  ho 
at  the  rate  of  fifteen  hundred  dollars  a  year  each  ;  and  the  compensation  -of 
the  laborers  not  to  exceed  in  amount,  for  the  whole  of  those  found  necessary, 
twelve  hundred  dollars  a  year  ;  tho  assistants  and  laborers  to  be  appointed 
and  removable  by  the  said  board  of  trustees,  at  their  discretion. 

Of  the  said  fund,  there  shall  bo  applied  to  furnish  an  assortment  of  tho 
best  and  most  perfect  instruments  for  astronomical  observation,  to  be  pro- 
cured under  the  direction  of  the  astronomical  observator,  to  bo  appointed 
conformably  to  the  provisions  of  this  act,  twenty  thousand  dollars. 

And  there  shall  be  reserved  ten  thousand  dollars,  from  the  interest  of 
which  other  instruments  may  be  from  time  to  time  procured,  us  occasions 
for  the  use  of  them  may  arise,  and  for  tho  repairs  of  instruments  as  needed. 

And  there  shall  bo  reserved  ten  thousand  dollars  applied  to  tho  purchase 
of  a  library  of  books  of  science  and  literature,  for  the  use  of  tho  observa- 
tory, to  be  selected  by  the  observator  ;  and  the  further  sum  of  twenty 
thousand  dollars  reserved,  from  the  interest  of  which  to  pay  for  a  supply  of 
new  works,  transactions  of  learned  societies,  and  periodical  publications 
upon  science  in  other  parts  of  the  world,  or  in  America. 

Of  the  said  fund  shall  be  reserved  thirty  thousand  dollars,  from  tho  in- 
terest of  which  shall  be  paid  tho  compensation  of  the  secretary  and  treasu- 
rer, and  the  contingent  expenses  of  tho  corporation  hereby  constituted,  in- 
cluding the  expense  of  the  yearly  publication  of  tho  observations  made  at 
the  observatory,  and  of  a  nautical  almanac,  to  be  called  the  Smithsonian 
Almanac. 

SEC.  4.  And  be  it  further  enacted,  That  all  tho  moneys  and  stocks  which 
have  been,  or  may  hereafter  be,  received  into  the  Treasury  of  the  United 
States,  on  account  of  the  fund  bequeathed  by  James  Smithson,  be,  and  the 
same  are  hereby  pledged  to  reiund  to  the  Treasury  of  the  United  States  tho 
sums  hereby  appropriated.  And  the  Secretary  of  the  Treasury  shall  cause 
to  be  opened  an  account,  in  which  the  Smithsonian  fund  shall  bo  charged 
with  the  sum  of  eight  hundred  thousand  dollars  hereby  appropriated  and 
invested  in  stocks  of  tho  United  States,  and  shall  bo  credited  by  the  six 
hundred  and  forty  bonds  of  the  States  of  Arkansas,  Michigan,  Illinois,  arid 
Ohio,  and  by  all  the  sums  received,  or  hereafter  to  be  received,  for  interest 
on  the  said1  bonds,  until  the  final  payment  of  the  principal  thereof  by  the 
said  States.  And  the  Secretary  of  the  Treasury  is  hereby  authorized  to  sell 
and  transfer,  at  their  nominal  par  value,  principal  and  interest,  and  not 
under,  any  of  the  said  bonds,  with  the  interest  due  and  unpaid  on  the  same, 
and  to  credit  tho  said  fund  with  the  proceeds  thereof,  till  the  whole  sum 
hereby  appropriated,  and  all  the  interest  hereafter  paid  thereon,  shall  be  re- 
mnded  to  the  Treasury  of  the  United  States. 

SEC.  6.  And  be  it  further  enacted,  That  no  part  of  the  said  Smithsonian 
fund,  principal  or  interest,  shall  be  applied  to  any  school,  college,  univer- 
sity, other  institute  of  education,  or  ecclesiastical  establishment. 

SKC.  6.  And  be  it  further  enacted,  That  tho  observatory  provided  by  the 
.third  section  of  this  act,  shall  be  erected  under  the  direction  of  the  board  ol 


TWENTY-EIGHTH    CONGRESS,    1843-45.  301 

:  trustees,  oh  a  site  in  the  city  of  Washington,  to  be  selected  by  them  ;  and, 
should  the  same  be  on  land  belonging  to  the  United  States,  so  much  thereof 
as,  in  the  opinion  of  the  trustees,  shall  be  necessary  for  the  purpose,  shall 
be  conveyed  to  them,  in  consideration  of  the  sum  of  ten  thousand  dollars, 
taken  from  that  fund  by  the  general  appropriation  act  of  third  March. 
eighteen  hundred  and  thirty-nine :  Provided,  That  if  no  such  suitable  site 
can  be  found  on  the  public  lands,  that  then  a  selection  of  a  site  on  private 
property  may  be  made  at  a  price  not  exceeding  one-half  cent  per  square 
foot,  to  be  paid  out  of  the  appropriation  in  the  third  section  of  this  act. 
'  SEC.  7.  And  be  it  further  enacted,  That  all  expenditures  made  by  the  said 
board  of  trustees  shall  be  subject  to  the  approval  of  the  President  of  the 
United  States  ;  and  all  the  accounts  thereof  shall  be  reported  to  the  Secre- 
tary of  the  Treasury,  and  audited  under  his  direction  by  the  proper  officers 
of  the  Treasury  Department;  and  the  said  board  shall  report  to  Congress, 
at  every  session  thereof,  the  state  of  the  Smithsonian  fund,  and  a  full 
statement  of  their  receipts  and  expenditures  during  the  preceding  year. 

SEC.  8.  And  be  it  further  enacted,  That  the  first  meeting  of  the  trustees 
of  the  Smithsonian  fund  shall  be  held  at  the  city  of  Washington  on  the  third 

Tuesday  of next;    and  that,  in  the  mean  time,  the  custody  of  the  said 

fund,  and  the  expenditures  under  the  appropriations  herein  made,  shall  be 
held  and  authorized  by  the  Secretary  of  the  Treasury,  subject  to  the  appro- 
bation of  the  President  of  the  United  States. 

SEC.  9.  And  be  it  further  enacted,  That  there  shall  be  a  board  of  visitors, 
to  be  annually  appointed,  consisting  of  nine  members  ;  two  of  whom  to  be 
commissioned  officers  of  the  army,  to  be  appointed  by  the  Secretary  of 
War  ;  two  commissioned  officers  of  the  navy,  to  be  appointed  by  the  Sec- 
retary of  the  Navy ;  the  mayors  for  the  time  being  of  the  cities  of  Alex- 
andria and  of  Georgetown,  within  the  District  of  Columbia;  and  one  citi- 
zen of  each  of  the  cities  of  Washington,  Alexandria,  and  Georgetown, 
to  be  appointed  by  the  President  of  the  United  States  ;  who  shall  meet  on 
the  firat  Monday  of  February,  at  eleven  o'clock,  before  noon,  at  the  said 
astronomical  observatory,  and  visit  and  inspect  the  condition  of  the  said 
observatory,  and  of  the  Smithsonian  Institution  generally.  They  shall 
choose  among  themselves  a  chairman,  and  shall  make  report  to  the  Presi- 
dent of  the  United  States  of  the  said  condition  of  the  institution,  specifi- 
cally indicating  in  what  respect  the  institution  has,  during  the  preceding 
year,  contributed  to  the  purpose  of  the  founder — the  increase  and  diffusion, 
of  knowledge  among  men.  To  this  board  the  astronomical  observator  shall 
make  a  report  to  the  same  effect,  so  far  as  regards  the  astronomical  branch 
of  the  institution,  which  report  shall  be  annexed  to  that  of  the  board  ta 
the  President  of  the  United  States,  who  shall  communicate  the  said  reports 
to  Congress.  The  services  of  the  members  of  the  said  board  shall  be  gra- 
tuitous. 

SEC.  10.  And  be  it  further  enacted,  That  there  is  reserved  to  Congress 
the  right  of  altering,  amending,  adding  to,  or  repealing,  any  of  the  provi- 
sions of  this  act,  which  shall  be  found  inconvenient  upon  experience :  Pro- 
vided, That  no  contract  or  individual  right,  made  or  acquired  under  such 
provisions,  shall  thereby  be  impaired  or  divested. 

SEC.  11.  And  be  it  further  enacted,  That,  for  any  other  moneys  which 
have  accrued,  or  may  hereafter  accrue,  upon  the  said  Smithsonian  fund, 
not  herein  appropriated,  the  board  of  trustees  are  hereby  authorized  to 
make  such  disposal  as  they  shall  deem  necessary  for  the  promotion  of  the 
purpose  of  the  testator — "  the  increase  and  diffusion  of  knowledge  among 
men,"  unless  the  same  shall  be  otherwise  disposed  of  by  law. 

HOUSE  OF  REPRESENTATIVES,  June  14,  1844. 

Mr.  DEBERRY,  from  the  Committee  on  Agriculture,  made 
an  adverse  report  upon  the  petition  of  citizens  of  the  State 


302  CONGRESSIONAL    PROCEEDINGS. 

of  Massachusetts,  in  relation  to  the  appropriation  of  the 
Smithsonian  bequest  for  the  purposes  of  agricultural  educa- 
tion. 

PROCEEDINGS  IN  THE  SENATE. 

SENATE,  December  12,  1844. 

Mr.  Tappan  introduced  a  bill,  (S.  18,)  which  was  read  the 
•first  and  second  times  by  unanimous  consent,  and  referred 
to  the  Committee  on  the  Library. 

The  bill  is  as  follows : 

A  BILL  to  establish  the  Smithsonian  Institution,  for  the  increase  and  dif- 
fusion of  knowledge  among  men. 

"Whereas  James  Smithson,  esquire,  of  London,  in  the  kingdom  ol 
Britain,  by  his  last  will  and  testament  did  give  the  whole  of  his  property 
to  the  United  States  of  America,  to  found  at  Washington,  under  tli<- 
name  of  the  Smithsonian  Institution,  an  establishment  for  th"  inrmise  and 
dift'usion  of  knowledge  among  men;  and  whereas  r.>ngre>s  have  hereto- 
fore received  said  property  and  accepted  said  trust ;  therefore,  that  the  same 
may  be  executed  in  good  faith,  and  according  to  the  will  of  the  liberal  and 
enlightened  donor — 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Vnitrd 
States  of  America  in  Congress  assembled,  That  so  much  of  the  property  of 
the  said  James  Smithson  as  has  been  received  in  money  ami  paid  into  the 
Treasury  of  the  United  States,  being  the  sum  of  live  hundred  and  eight 
thousand  three  hundred  and  eighteen  dollars,  be  loaned -to  the  United  States 
Treasury,  at  six  per  cent,  per  annum  interest,  from  the  third  day  of  Decem- 
ber, in  the  year  one  thousand  eight  hundred  and  thirty-eight,  when  the 
same  was  received  into  the  said  Treasury  ;  and  that  so  much  of  the  interest 
as  may  have  accrued  on  said  sum  on  the  first  day  of  July  next,  which  will 
amount  to  the  sum  of  two  hundred  and  nine  thousand  one  hundred  and 
three  dollars,  be,  and  the  same  is  hereby,  appropriated  for  the  erection  of 
suitable  buildings,  the  enclosing  of  suitable  grounds,  and  for  the  pur- 
chase of  books  and  instruments  for  the  Smithsonian  Institution  established 
by  this  act ;  and  that  six  per  cent,  interest  on  the  said  trust  fund,  it  being 
the  said  amount  of  five  hundred  and  eight  thousand  three  hundred  and 
eighteen  dollars,  received  into  the  United  States  Treasury,  third  of  Decem- 
ber, one  thousand  eight  hundred  and  thirty-eight,  payable,  in  half  yearly 
payments,  on  the  first  of  January  and  July  in  each  year,  be,  and  the  same 
is  hereby,  appropriated  for  the  perpetual  maintenance  and  support  of  said 
institution  :  Provided,  That  the  books  to  be  purchased  for  said  institution 
shall  consist  of  works  on  science  and  the  arts,  especially  such  as  relate  to 
tho  ordinary  business  of  life,  and  to  the  various  mechanical  and  other  im- 
provements and  discoveries  which  may  be  made. 

SEC.  2.  And  be  it  further  enacted,  Thai,  the  business  of  said  institution 
shall  be  conducted  by  a  board  of  managers,  to  consist  of  twelve,  no  two  of 
whom  shall  he  citizens  of  the  sama  State  or  Territory  ;  that  the  person-  first 
appointed  on  the  board  of  managers  shall  meet  in  the  city  of  Washington, 
on  the  first  Monday  of  July  next  after  the  passage  of  this  act,  and,  when 
met,  shall  divide  themselves,  by  lot,  into  three"  sections,  one  of  which 
shall  serve  two  years,  one  four,  and  the  other  six  years  ;  and  whenever  a 
vacancy  occurs  in  said  board,  the  same  shall  bj  filled  by  such  person  as  may 
be  appointed  by  a  joint  resolution  of  Congress;  that  all  those  who  may  be 
appointed  to  fill  vacancies  occasioned  by  death,  resignation,  or  removal  out 
of  the  United  States,  shall  serve  the  residue  of  the  'term,  and  allwho  those 


TWENTY-EIGHTH    CONGRESS,    1843-45.  303 

muiy  be  appointed  to  fill  vacancies  which  occur  by  lapse  of  time  shall  serve 
for  the  term  of  six  years ;  that  after  said  board  shall  have  met  and  become 
organized  by  appointing  one  of  their  own  body  president  of  said  board,  it 
shall  be  their  duty  to  proceed  to  select  a  suitable  site  for  such  building  as 
may  be,  in  their  judgment,  necessary  for  the  institution,  and  suitable  ground 
for  horticultural  and  agricultural  experiments,  which  ground  may  be  taken 
and  appropriated  out  of  that  part  of  the  public  ground  in  the  city  of  Wash- 
ington called  the  Mall,  lying  west  of  Seventh  street;  and  the  ground  so 
selected  shall  be  set  out  by  proper  metes  and  bounds,  and  a  description  of 
the  same  shall  be  made  and  recorded  in  a  book  to  be  provided  for  that  pur- 
pose, and  signed  by  said  managers,  or  so  many  of  them  as  may  be  con- 
vened on  said  first  Monday  of  July  ;  and  such  record,  or  a  copy  thereof, 
certified  by  the  president  of  the  board  of  managers,  shall  be  received  as 
evidence  in  all  courts  of  the  extent  and  boundaries  of  the  lands  appropri- 
ated to  said  institution. 

SEC.  3.  And  be  it  further  enacted,  That,  so  soon  as  the  board  of  managers 
shall  have  selected  the  site  for  the  buildings  of  the  institution,  they  shall  cause 
to  be  erected  a  suitable  building,  of  plain  and  durable  materials  and  struct- 
ure, without  unnecessary  ornament,  and  of  sufficient  size,  and  with  suitable 
rooms  or  halls  for  the  reception  and  arrangement,  upon  a  liberal  scale,  of 
objects  of  natural  history,  a  geological  and  mineralogical  cabinet,  a  library, 
a  chemical  laboratory,  and  a  lecture  room  or  rooms ;  and  the  said  board 
shall  have  authority,  by  themselves,  or  by  a  committee  of  three  of  their 
members,  to  contract  for  the  completion  of  such  building  upon  such  plan 
as  may  be  directed  by  the  board  of  managers,  and  shall  take  sufficient  se- 
curity to  the  Treasurer  of  the  United  States  for  the  building  and  finishing 
the  same  according  to  the  said  plan,  and  in  the  time  stipulated  in  such  con- 
tract :  Provided,  however,  That  the  expense  of  said  building  shall  not  exceed 
the  sum  of  eighty  thousand  dollars,  which  sum  is  hereby  appropriated  for 
that  purpose  out  of  any  money  in  the  Treasury  not  otherwise  appropriated  ; 
and  the  bonrd  of  managers  shall  also  cause  the  grounds  selected  for  horti- 
cultural and  agricultural  purposes  to  be  enclosed  and  secured,  and  a  suitable 
building  erected  to  preserve  such  plants  as  will  not  bear  exposure  to  the 
weather  at  all  seasons  ;  and  the  sum  of  twenty  thousand  dollars  is  hereby 
appropriated  for  such  building  and  enclosure,  to  be  paid  out  of  any  moneys 
in  the  Treasury  not  otherwise  appropriated  ;  and  so  soon  as  it  may  be  neces- 
sary for  the  accommodation  of  the  persons  employed  in  said  institution,  the 
said  board  of  managers  may  cause  to  be  erected  on  the  grounds  of  the  in- 
stitution such  dwelling  houses  and  other  buildings,  of  plain  and  substantial 
workmanship  and  materials,  to  be  without  unnecessary  ornament,  as  may 
be  wanted :  Provided,  however,  That  the  whole  expense  of  building  and  fur- 
nishing- as  many  such  houses  as  may  be  required  shall  not  exceed  the  residue 
of  said  interest  which  will  have  accrued  on  the  first  day  of  July  next ;  and 
for  the  said  expenditure  the  said  residue  of  said  interest,  amounting  to  the  sum 
of  seventy-eight  thousand  six  hundred  and  four  dollars,  is  hereby  appropria- 
ted, payable  out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated  ; 
and  all  such  contracts  as  may  be  made  by  said  board  of  managers  shall  be  de- 
posited with  the  Treasurer  of  the  United  States  ;  and  all  questions  which 
may  arise  between  the  United  States  and  any  person  claiming  under  and  by 
virtue  of  any  such  contract  shall  be  heard  and  determined  by  said  board  of 
managers,  and  such  determination  shall  be  final  and  conclusive  upon  all 
parties  ;  and  all  claims  on  any  contract  made  as  aforesaid  shall  be  allowed 
and  certified  by  the  board  of  managers,  or  a  committee  thereof,  as  the  case 
may  be,  and  being  signed  by  the  president  of  the  board,  shall  be  a  sufficient 
voucher  for  settlement  and  payment  at  the  Treasury  of  the  United  States. 
And  the  board  of  managers  shall  be  authorized  to  employ  such  persons  as 
they  deem  necessary  to  superintend  the  erection  of  the  building,  and  fitting 
up  the  rooms  of  the  institution. 

SEC.  4.  And  be  it  further   enacted,  That,  so   soon   as   buildings  shall  be 
-erected  for  their  reception,  all  objects  of  natural  history  and  geological  and 


304  CONGRESSIONAL    PROCEEDINGS. 

mineralogical  specimens  belonging  to  the  United  States,  which  may  bo  in 
the  city  of  Washington,  in  whosesoever  custody  the  same  may  be,  shall  he 
delivered  to  such  persons  as  may  be  authorized  by  the  board  of  managers  to 
receive  them,  and  shall  be  arranged  by  the  proper  professor  in  such  order 
and  so  classed  as  best  to  facilitate  the  examination  and  study  of  them  in  the 
building  so  as  aforesaid  to  be  erected  for  the  institution ;  and  the  managers' 
of  said  institution  shall  afterwards,  as  new  specimens  in  natural  history, 
geology,  or  mineralogy,  may  be  obtained  for  the  museum  of  the  institution 
by  exchanges  of  duplicate  specimens  belonging  to  the  institution  (whirh 
they  are  hereby  authorized  to  make)  or  by  donations  which  they  may  re- 
ceive, cause  such  new  specimens  to  be  also  appropriately  classed  and  ar- 
ranged. And  the  minerals,  books,  manuscripts,  and  other  property  of  James 
Smithson,  which  have  been  received  by  the  Government  of  the  United 
States,  and  are  now  placed  in  the  Patent  Office,  shall  be  removed  to  said  in- 
stitution and  shall  be  preserved  separate  and  apart  from  the  other  property 
of  the  institution. 

SEC.  5.  And  be  it  further  enacted,  That  the  managers  of  said  institution 
shall  appoint  a  superintendent,  whose  duty  it  shall  be  to  take  charge  of  tin- 
ground,  buildings,  and  property,  belonging  to  the  institution,  and  can-fully 
preserve  the  same  from  injury  ;  and  such  superintendent  shall  be  the  secre- 
tary of  the  board  of  managers,  and  shall,  under  their  direction,  make  a  fair 
and  accurate  record  of  all  their  proceedings,  to  be  preserved  in  said  institu- 
tion ;  and  the  said  superintendent  shall  also  discharge  the  duties  of  professor 
of  agriculture,  horticulture,  and  rural  economy,  in  said  institution,  and  in 
that  capacity  may,  with  the  approbation  of  the  board  of  mana^-iv,  employ, 
from  time  to  time,  so  many  gardeners  and  other  laborers  as  may  be  neces- 
sary to  cultivate  the  ground  and  keep  in  repair  the  buildings  of  said  institu- 
tion; and  the  superintendent  shall  receive  for  his  services  such  sum  as  may 
be  allowed  by  the  board  of  managers,  to  be  paid  semi-annually  on  tin;  iirst 
day  of  January  and  July  ;  and  the  said  superintendent  shall  be  removable, 
by  the  board  of  managers  whenever,  in  their  judgment,  the  interest  of  the 
institution  require  the  superintendent  to  be  changed. 

SEC.  6.  And  be  it  farther  enacted,  That,  at  the  first  meeting  of  the  board 
of  managers,  they  shall  fix  on  the  times  for  regular  meetings  of  the  hoard, 
and  on  application  of  any  three  of  the  managers  to  the  superintendent  of 
the  institution,  it  shall  be  his  duty  to  appoint  a  time  for  a  special  meeting 
of  the  board,  of  which  he  shall  give  notice  by  letter  to  each  of  the  mem- 
bers, and  at  any  meeting  of  the  board  of  managers  five  shall  constitute  a 
quorum  to  do  business;  that  each  member  of  the  board  of  managers  shall 
be  paid  his  necessary  travelling  and  other  expenses  in  attending  meetings 
of  the  board,  which  shall  be  audited,  allowed,  and  recorded,  by  the  super- 
intendent of  the  institution.  And  whenever  any  person  employed  by  the 
authority  of  the  institution  shall  have  performed  service  entitling  him  to  com- 
pensation, whether  the  same  shall  be  by  way  of  salary  payable  semi-annually 
or  wages  for  labor,  or  whenever  money  is  due  from  said  institution  for  any 
purpose  whatever,  the  superintendent  shall  certify  to  the  president  of  the 
board  that  such  compensation  or  money  is  due,  whereupon  the  president 
shall  certify  the  same  to  the  proper  officer  of  the  Treasury  Department  for 
payment. 

SEC.  7.  And  be  it  further  enacted,  That  the  board  of  managers  may  ap- 
point some  suitable  person  as  professor  of  natural  history,  a  professor  of  chem- 
istry, a  professor  of  geology,  and  a  professor  of  astronomy,  with  such  other 
professors  as  the  wants  of  science  may  require.  They  shall  also  employ  able 
men  to  lecture  in  the  institution  upon  the  arts  and  sciences,  and  shall  fix  the 
compensation  of  such  professors  and  lecturers:  Provided,  That  no  professor- 
ship shall  be  established  or  lecturer  employed  to  treat  or  lecture  on  law, 
physic,  or  divinity,  it  being  the  object  of  the  institution  to  furnish  facilities 
for  the  acquisition  of  such  branches  of  knowledge  as  are  not  taught  in  the 
various  universities. 

SEC.  8.  And  be  it  further  enacted,  That  the  board  of  managers  shall  make- 


TWENTY-EIGHTH    CONGRESS,    1848-45.  305 

all  needful  rules,  regulations,  and  by-laws,  for  the  government  of  the  in- 
stitution and  the  persons  employed  therein  ;  and,  in  prescribing  the  duties 
of  the  professors  and  lecturers,  they  shall  have  special  reference  to  the  in- 
troduction and  illustration  of  subjects  connected  with  the  productive  and 
liberal  arts  of  life,  improvements  in  agriculture,  in  manufactures,  in  trades, 
and  in  domestic  economy.  They  shall  direct  experiments  to  be  made 
by  the  professor  of  agriculture,  horticulture,  and  rural  economy,  to  de- 
termine the  utility  and  advantage  of  new  modes  and  instruments  of 
culture,  to  determine  whether  new  fruits,  plants,  and  vegetables,  may  be 
cultivated  to  advantage  in  the  United  States ;  and  they  shall  direct  the  dis- 
tribution of  all  such  fruits,  plants,  seeds,  and  vegetables,  as  shall  be  found 
useful  and  adapted  to  any  of  our  soils  and  climates,  so  that  the  people  in 
every  part  of  the  Union  may  enjoy  the  benefit  and  advantage  of  the  exper- 
iments made  by  the  institution.  They  shall  also  direct  the  professor  of 
chemistry  to  institute  a  chemical  analysis  of  soils  from  different  sections  of 
the  United  States,  to  make  experiments  on  the  various  modes  of  improving 
and  enriching  the  several  kinds  of  soil  found  within  the  United  States,  and 
at  all  times  to  include,  in  his  course  of  lectures,  the  subject  of  agricultural 
chemistry.  They  shall  also  direct  the  professor  of  natural  history  especi- 
ally to  refer,  in  his  course  of  lectures,  to  the  history  and  habits  of  such 
animals  as  are  useful,  or  such  animals  and  insects  as  are  injurious,  including 
the  best  means  of  taking  care  of  and  improving  the  one,  and  of  protecting 
grain  and  other  products  from  the  other.  They  shall  also  direct  the  pro- 
fessor of  geology  to  include,  in  his  course  of  lectures,  practical  instructions 
of  a  general  character,  to  aid  in  the  exploration  and  working  of  mines. 
They  shall  also  direct  the  professor  of  architecture  and  domestic  science  to 
include,  in  his  course  of  lectures,  practical  instructions  as  to  the  best  modes 
and  materials  for  building,  according  to  climate  and  location,  throughout 
the  United  States,  from  the  simple  single  dwelling  to  the  more  complicated 
and  costly  structures  for  public  and  other  purposes  ;  also,  to  institute  exper- 
iments in  regard  to  the  best  mode  of  lighting,  heating,  and  ventilating 
buildings,  public  and  private,  and  to  determine  the  value  of  such  scientific 
improvements  as  may,  from  time  to  time,  be  made  in  the  same  or  in  any 
other  important  branch  of  domestic  economy.  They  shall  also  direct  the 
professor  of  astronomy  to  include,  in  his  lectures,  a* course  on  navigation, 
including  the  use  of  nautical  instruments.  And  it  shall  be  competent  for 
the  said  managers,  at  their  discretion,  to  cause  to  be  printed  and  published, 
from  time  to  time,  works,  in  popular  form,  on  the  sciences  and  on  the  aid 
they  bring  to  labor,  written  by  the  professors  of  the  institution,  or  by  other 
persons  engaged  for  the  purpose  :  Provided,  That  such  works  shall,  at  all 
times,  be  offered  for  sale  at  the  lowest  rates  that  will  repay  the  actual  ex- 
pense of  publication:  And  provided,  That  such  works  shall,  before  publica- 
tion, be  submitted  to  and  examined  by  the  board  of  managers,  or  a  com- 
mittee of  their  number.  And  the  said  board  shall  also  make  rules  and  regu- 
lations for  the  admission  of  students  into  the  various  departments  of  the 
institution,  and  their  conduct  and  deportment  while  they  remain  therein  : 
Provided,  That  all  instruction  in  said  institution  shall  be  gratuitous  to  those 
students  who  conform  to  such  rules  and  regulations. 

SEC.  9.  And  be  it  further  enacted,  That  be  appointed 

managers   of  the   said   Smithsonian  Institution,  to  hold  their  ofiices  as  is 
hereinbefore  provided. 

SENATE,  December  16,  1844. 

Mr.  TAPPAN,  from  the  Committee  on  the  Library,  reported 
S.  bill  18,  without  amendment. 

SENATE,  December  31,  1844. 
On  motion  of  Mr.  TAPPAN,  the  Senate  considered,  as  in 

20 


306  CONGRESSIONAL    PROCEEDINGS. 

Committee  of  the  Whole,  the  bill  S.  18,  and  various  verbal 
amendments  offered  by  him,  were  adopted. 

On  motion  by  Mr.  HUNTINGTON,  the  further  consideration 
was  postponed  to,  and  made  the  order  of  the  day  for  Thurs- 

Mr.  CHOATE  and  Mr.  TAPPAN  ottered  amendments,  which 
were  ordered  to  be  printed. 

SENATE,  January  6,  1845. 

Mr.  TAPPAN  presented  a  petition  of  Thomas  Johnson  and 
others,  citizens  of  Huron  county,  Ohio,  praying  the  passage 
of  the  bill  now  before  the  Senate  to  establish  the  Smithso- 
nian Institution  ;  which  was  ordered  to  lie  on  the  table. 

Mr.  FOSTER,  of  New  York,  presented  a  petition  of  (iene- 
ralN.  V.  Knickerbocker  and  two  hundred  other  citizens  of 
Steuben  county,  New  York,  praying  the  passage  of  the  hill 
to  establish  the  Smithsonian  Institution  ;  which  was  ordered 
to  lie  on  the  table. 

SENATE,  Javnwry  8,  1845. 

The  Senate  resumed,  as  in  Committee  of  the  Whole-,  the 
consideration  of  the-  bill  (S.  18)  t<»  <^tah!i-h  the  Smithsonian 
Institution. 

The  bill  having  been  read- 
Mr.  CIIOATE  said  he  was  sure  that,  \\hatever  opinion 
might  be  at  last  formed  on  this  bill,  its  principles,  or  its 
details,  all  would  concur  in  expressing  thanks  t  >  the  Sena- 
tor from  Ohio  [Mr.  TAPPAN]  for  introducing  it.  We  shall 
ditier,  he  proceeded,  more  perhaps  than  could  be  wished,  or 
than  can  be  reconciled,  about  the  mode  of  administering 
this  noble  fund;  but  we  cannot  differ  about  our  duty  to 
enter  at  once  on  some  mode  of  administering  it.  A  large- 
sum  of  money  has  been  given  to  us,  to  hold  and  to  apply, 
in  trust,  "for  the  increase  and  diffusion  of  knowledge. 
among  men."  We  have  accepted  the  trust.  "  To  this  ap- 
plication— (such  is  the  language  of  our  act  of  the  1st  of 
July,  1836 — )  to  this  application  of  the  money  the  faith  of 
the  United  States  is  hereby  pledged."  The  donor  is  in  his 
grave.  There  is  no  chancellor  to  compel  us  to  redeem  our 
pledge;  and  there  needs  none.  Our  own  sense  of  duty  to 
the  dead,  and  the  living,  and  the  unborn  who  shall  live — 
our  justice,  our  patriotism,  our  policy,  common  honesty, 
common  decorum,  urge  us,  and  are  enough  to  urge  us,  to 
go  on,  without  the  delay  of  an  hour,  to  appropriate  the 
bounty  according  to  the  form  of  the  gift.  I  thank  the 
Senator,  therefore,  for  introducing  a  bill  with  which,  to  my 


TWENTY-EIGHTH    CONGRESS,    1843-45.  307 

own  knowledge,  lie  has  taken  much — and,  so  far  as  I  can 
see  or  conceive — disinterested  pains,  and  which  affords  us 
an  opportunity  to  discharge  a  plain  duty,  perhaps  too  long 
delayed. 

I  think,  too,  sir,  that  the  Senator  has,  in  the  first  section 
of  the  bill,  declared  the  true  fundamental  law  according  to 
which  this  fund  ought  to  he  permanently  administered. 
He  lends  to  the  United  States  the  whole  sum  of  $508,318 
actually  received  out  of  the  English  chancery,  from  the  3d 
of  December,  1838,  when  it  was  received,  at  an  interest  of 
six  per  cent,  per  annum.  He  leaves  the  sum  of  $209,103, 
which  is  so  much  of  the  interest  as  will  have  accrued  on 
the  first  da}7  of  -Inly  next,  to  be  applied  at  once  to  the  con- 
struction of  buildings,  the  preparation  of  grounds,  the 
purchase  of  books,  instruments,  and  the  like ;  and  then 
appropriates  the  interest,  and  the  interest  only,  of  the  origi- 
nal principal  sum,  for  the  perpetual  maintenance  of  the 
institution,  leaving  the  principal  itself  unimpaired  forever. 
This,  all,  is  exactly  as  it  should  be. 

But  when  you  examine  the  bill  a  little  further,  to  discern 
what  it  is  exactly  which  this  considerable  expenditure  of 
money  is  to  accomplish — when  you  look  to  see  how  and 
how  much  it  is  going  "  to  increase  and  diffuse  knowledge 
among  men,"  I  arn  afraid  that  we  shall  have  reason  to  be 
a  little  less  satisfied.  I  do  not  now  refer  to  the  constitution 
of  the  board  of  management,  of  which,  let  me  say,  under 
some  important  modifications,  I  incline  to  approve ;  although 
on  that  I  reserve  myself.  I  speak  of  what  the  fund,  how- 
ever managed,  is  to  be  made  to  do.  The  bill  assumes,  as  it 
ought,  to  apply  it  u  to  increase  and  diffuse  knowledge 
among  men."  Well,  how  does  it  accomplish  this  object  ? 

It  proposes  to  do  so,  for  substance,  by  establishing  in  this 
city  a  school  or  college  for  the  purpose  of  instructing  its 
pupils  in  the  application  of  certain  physical  sciences  to 
certain  arts  of  life.  The  plan,  if  adopted,  founds  a  college 
in  Washington  to  teach  the  scientific  principles  of  certain 
useful  arts.  That  is  the  whole  of  it.  It  appoints,  on  per- 
manent salaries,  a  professor  of  agriculture,  horticulture, 
and  rural  economy ;  a  professor  of  natural  history  ;  a  pro- 
fessor of  chemistry  ;  a  professor  of  geology  ;  a  professor  of 
astronomy;  a  professor  of  architecture  and  domestic  sci- 
ence; together  with  a  fluctuating  force  of  occasional  auxil- 
iary lecturers;  and  all  these  professors  and  lecturers  are 
enjoined  "  to  have  special  reference,  in  all  their  illustra- 
tions and  instructions,  to  the  productive  and  liberal  arts  of 
life — to  improvements  in  agriculture,  manufactures,  trades, 


308  CONGRESSIONAL    PROCEEDINGS. 

and  domestic  economy."  Thus,  the  professor  of  chemistry 
is  to  analyze  different  kinds  of  soils,  and  to  learn  and  teach 
how  to  enrich  them;  the  professor  of  natural  history  is  to 
deal  with  noxious  or  useful  animals  and  insects ;  the  pro- 
fessor of  geology  is  to  illustrate  the  working  of  mines  :  the 
professor  of  astronomy  is  to  teach  navigation;  the  profes- 
sor of  architecture  and  domestic  science  is  charged  with 
the  theory  and  practice  of  building,  lighting,  and  ventilat- 
ing all  manner  of  edifices  ;  and  the  professor  of  agriculture, 
horticulture,  and  domestic  economy  is  to  make  experiments 
to  see  what  exotics  will  grow  and  what  will  not,  all  over 
the  United  States.  And,  in  pursuance  of  the  same  theory 
of  administration  of  the  fund,  it  is  provided  that  not  a 
book  is  to  he  purchased  for  the  institution  except  '-works 
on  science  and  the  arts,  especially  such  as  relate  to  the 
ordinary  business  of  life,  and  to  the  various  mechanical 
and  other  improvements  and  discoveries,  which  may  he 
made." 

Now,  I  say  that  this  creates  a  college  or  school — such  as 
it  is — on  the  basis  of  a  somewhat  narrow  utilitarianism— 
to  be  sure,  erroneously  so-called — but  a  college  or  academ- 
ical institution.  Who  is  to  be  taught  agriculture,  architec- 
ture, domestic  science,  rural  economy,  and  navigation  . 
Not  you,  Mr.  President,  I  suppose,  not  Congress,  not  the 
Government,  not  men  at  all.  Students,  pupils,  youths,  are 
to  be  brought  hither,  if  you  can  find  them  :  tw  rules  and 
regulations"  (so  runs  the  8th  section  of  the  bill)  are  to  be 
made  "for  the  admission  into  the  various  departments  oi 
the  institution,  and  their  conduct  and  deportment  while 
they  remain  therein,"  and  instruction  is  to  be  given  them 
by  professors  and  lecturers.  This  surely  is  a  school,  a  col- 
lege, an  academical  institute  of  education,  such  as  it  is,  or 
nothing. 

Well,  sir,  in  reviewing,  as  I  have  had  occasion  to  do,  the 
proceedings  of  Congress  upon  this  subject  heretofore,  I 
have  received  the  impression  that  it  had  become  quite  your 
settled  judgment — settled  on  the  most  decisive  reasons — 
that  no  school,  college,  or  academical  establishment  should 
be  constituted.  It  seems  that  in  the  session  of  1838  a  joint 
committee  of  the  two  branches  was  charged  with  this 
deliberation.  The  chairman  of  the  committee  from  this 
body  was  Mr.  Bobbins,  and  the  chairman,  on  the  appoint- 
ment of  the  House,  was  Mr.  Adams;  both  of  them,  I  may 
pause  ^tp  say,  persons  of  the  most  profound  and  elegant 
acquisition ;  both  of  them  of  that  happy  rare  class  who 
"  grow  old  still  learning."  The  two  committees  differed  on 


TWENTY-EIGHTH    CONGRESS,    1848-45.  309 

tliis  very  question  whether  a  school  or  college  should  be 
established.  The  opinion  of  the  committee  of  the  House 
is  expressed  in  the  4th  section  of  the  bill  (No.  293  Senate) 
•which  they  desired  to  report,  and  which  is  in  these  words: 

"  SEC.  4.  And  be  it  further  enacted,  That  no  part  of  the  said  Smithsonian 
fund,  principal  or  interest,  shall  be  applied  to  any  school,  college,  univer- 
sity, institute  of  education,  or  ecclesiastical  establishment." 

That  of  the  committee  of  the  Senate  is  distinctly  enough 
intimated  in  the  beautiful  speech  with  which  Mr.  Bobbins 
introduced  the  subject  in  January,  1839.  I  find  it  in  the 
Appendix  to  the  Congressional  Globe  : 

"  I  could  wish,  if  all  were  agreed  in  it,  that  this  institution  should  make 
one  of  a  number  of  colleges,  to  constitute  a  university  to  be  established 
here,  and  to  be  endowed  in  a  manner  worthy  of  this  great  nation  and  their 
immense  resources.  But,  as  opinions  are  divided  upon  this  subject — not,  I 
should  hope,  as  to  the  great  desirableness  of  such  an  establishment,  .but  as 
to  the  constitutional  competency  of  Congress  to  undertake  it — I  will  not 
embarrass  my  present  object  by  involving  it  with  that  subject.  This,  as  an 
independent  institution,  may  hereafter  be  made  a  part  of  such  a  university, 
should  one  be  established  ;  but  it  is  now  to  be  looked  at  only  as  an  inde- 
pendent institution." 

It  was  to  embody  and  execute  this  conception  that  Mr. 
Robbing  drew  the  Senate  bill  No.  292, 

Finding  themselves  unable  to  agree,  it  was  determined 
that  each  committee  should  report  both  of  these  bills  to 
their  respective  Houses.  On  the  25th  February,  1839,  the 
bill  drawn  by  Mr.  Kobbins  was  taken  up  in  this  body,  and 
after  an  animated  discussion,  was  laid  on  the  table  by  a  vote 
of  20  to  15.  This  vote  is  regarded,  I  perceive,  by  Mr. 
Adams,  in  his  subsequent  reports  of  1840  and  1842,  as  ex- 
pressing the  judgment  of  the  Senate  against  the  establish- 
ment of  such  academical  institute  of  learning.  He  says : 

"It  is  then  to  be  considered  as  a  circumstance  propitious  to  the  final  dis- 
posal of  this  fund,  by  the  organization  of  an  institution  the  best  adapted 
to  accomplish  the  design  of  the  testator,  that  this  first  but  erroneous  im- 
pression of  that  design,  an  institute  of  learning,  a  university,  upon  the 
toundation  of  which  the  whole  fund  should  be  lavished,  and  yet  provr 
inadequate  to  its  purpose,  without  large  appropriations  of  public  moneys 
in  its  aid — should  have  been  presented  to  the  consideration  of  Congress, 
referred  to  a  numerous  joint  committee  of  both  Houses,  there  discussed, 
.reported  for  the  deliberation  of  both  Houses,  fully  debated  in  the  House 
where  it  originated,  and  then  decisively  rejected." 

If  such  may  be  inferred  to  have  been  the  judgment  of 
the  Senate,  it  may  be  defended  on  the  most  decisive  reasons. 
It  is  hardly  worth  while  to  move  the  question  whether  it 
would  be  expedient  to  apply  the  fund  as  far  as  it  would  go 
to  the  founding  of  a  great  university  deserving  of  the  name 
— a  national  university — in  which  all  the  brandies  of  a 
thorough  education  should  be  taught;  which  should  iill  the 


310  CONGRESSIONAL    PROCEEDINGS. 

space  between  the  college  and  professional  schools  which 
should  guide  the  maturer  American  mind  to  the  highest 
places  of  knowledge ;  for  such  should  be  the  functions  oi 
such  a  university."  It  is  not  worth  while  to  move  this  <|iies- 
tion,  because  no  such  proposition  is  before  us.  I  am  afraid. 
with  Mr.  Adams,  that  to  found  such  a  university  would 
consume  the  whole  fund,  interest  and  principal,  almost  at 
once,  and  reduce  you  to  the  alternative  of  a  signal  failure, 
or  of  occasional  and  frequent  application  to  the  (invern- 
ment  for  aid  which  could  never  be  granted.  But  the  Sen- 
ator from  Ohio  contemplates  no  such  thing.  He  const  ru< -is 
his  college  on  a  far  more  moderate  model:  and  of  thi< 
college  of  his  I  am  constrained  to  say,  that  I  think  it  in  the 
actual  state  of  academical  education  wholly  unnecessary, 
and  in  a  great  degree  useless.  Why,  sir,  there  are  in  tin- 
country  more  than  a  hundred  colleges;  I  have  seen  them 
estimated  at  one  hundred  and  seventy-three.  These  are  dis- 
tributed all  over  the  United  States  :  two  are  in  this  District. 
They  are  at  the  doors  of  the  people.  I  suspect  that  every 
one  of  them  has  a  professor  for  every  department  provided 
for  in  this  bill,  except  architecture  and  domestic  science, 
and  agriculture  and  rural  economy.  Iji  every  one,  without 
any  difficulty,  that  special  attention  here  recommended,  to 
the  application  of  science  "  to  the  ordinary  business  of 
life,"  may  be,  if  it  is  not  now  secured,  if  in  the  judgment 
of  those  who  are  entrusted  with  their  management  it  i- 
thought  expedient.  Why,  sir,  I  recollect  that  navigation 
was  taught  in  one  at  least  of  our  common  free  district 
schools  of  Massachusetts  thirty  years  ago.  I  cannot  concur 
with  the  honorable  framer  of  the  bill,  therefore,  that  his 
school  is  to  "furnish  facilities  for  the  acquisition  of  such 
branches  of  knowledge  as  are  not  taught  in  the  various 
universities."  It  will  do  no  such  thing.  It  will  injure 
those  universities,  rather,  if  it  has  any  effect,  by  withdraw- 
ing from  them  some  portion  of  the  patronage  for  which 
they  are  all  struggling,  and  of  which  so  few  get  a  full  meal. 
Such  a  school,  then,  I  think,  is  scarcely  now  necessary. 
In  this  city  it  would  be,  to  say  no  more,  very  far  from  gen- 
erally useful.  It  would  hardly  appear  to  be  an  instrumen- 
tality coming  up  to  the  sonorous  promise  of  "increasing 
and^  diffusing  knowledge  among  men."  Who  would  its 
pupils  be?  Who  could  afford  to  come  all  the  way  to 
Washington  from  the  South,  West,  and  North  to  learn 
architecture,  navigation,  and  domestic  science  ?  Certainly 
only  the  sons  of  the  wealthy,  who  would  hardly  come,  if 
they  could,  to  learn  any  such  branch  of  homely  knowledge. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  311 

You  might  collect  some  few  students  in  the  District  and 
the  borders  of  the  adjacent  States;  hut  for  any  purpose  of 
wide  utility  the  school  would  he  no  more  felt  than  so  much 
sunshine  on  the  poles.  Meantime  here  would  be  your  pro- 
fessors, their  salaries  running  on,  your  books,  and  appa- 
ratus, and  edifices,  a  show  of  things — a  pretty  energetic 
diffusing  of  the  fund,  not  much  diffusion  of  knowledge. 

I  shall  venture,  then,  to  move  to  strike  out  all  those  parts 
of  the  bill  which  indicate  the  particular  mode  in  which  the 
bequest  is  to  be  applied  to  the  increase  and  diffusion  of 
knowledge.  I  except  the  provision  for  experiments  in  seeds 
and  plants,  on  which  I  will  say  a  word  hereafter.  If  this 
motion  prevails  the  whole  question  will  recur  :  What  shall 
we  do  with  the  fund  ? 

It  has  seemed  to  me  that  there  are  two  applications  of  it 
which  may  just  now  meet  with  favor. 

In  the  first  place,  to  begin  with  the  least  important,  I 
adopt,  with  some  modifiations,  the  suggestion  in  the  bill 
that  lectures  be  delivered  in  this  city  for  two  or  three 
months  during  every  session  of  Congress.  These  lectures 
should  be  delivered  not  by  professors  permanently  fixed 
here,  upon  annual  salaries,  to  do  nothing  in  the  recess  of 
Congress,  or  to  do  nothing  that  cannot  be  as  well  done  at 
one  hundred  and  fift}7  other  places,  but  by  gentlemen  emi- 
nent in  science  and  literature,  holding  situations  elsewhere, 
and  coming  hither  under  the  stimulations  and  with  the 
ambition  of  a  special  and  conspicuous  retainer.  They 
might  be  professors  of  colleges,  men  of  letters,  persons  dis- 
tinguished in  the  professions,  or  otherwise.  Names  will 
occur  to  you  all  which  I  need  not  mention ;  and  their  lec- 
tures should  be  adapted  to  their  audiences.  Who  would 
their  audiences  be  ?  Members  of  Congress  with  their  fam- 
ilies, members  of  the  Government  with  theirs,  some  inhab- 
itants of  this  city,  some  few  strangers  who  occasionally 
honor  us  with  visits  of  curiosity  or  business.  They  would 
be  public  men,  of  mature  years  and  minds;  educated,  dis- 
ciplined to  some  degree,  of  liberal  curiosity,  and  appreci- 
ation of  generous  and  various  knowledge.  Such  would  be 
the  audience.  The  lectures  should  be  framed  accordingly. 
I  do  not  think  they  should  be  confined  to  three  or  four 
physical  sciences  in  their  applications  to  the  arts  of  life — 
navigation,  useful  or  hurtful  insects  and  animals,  the  ventil- 
lation  of  rooms,  or  the  smoking  of  chimneys.  This  is 
knowledge,  to  be  sure;  but  it  is  not  all  knowledge,  nor 
half  of  it,  nor  the  best  of  it.  Why  should  not  such  an 
audience  hear  something  of  the  philosophy  of  history,  of 


312  CONGRESSIONAL    PROCEEDINGS. 

classical  and  of  South  American  antiquities,  of  interna- 
tional law,  of  the  grandeur  and  decline  of  States,  of  t lie- 
progress  and  eras  of  freedom,  of  ethics,  of  intellectual  phi- 
losophy, of  art,  taste,  and  literature  in  its  most  comprehen- 
sive and  noblest  forms?  Why  should  they  not  hear  such 
lectures  as  Sir  James  Macintosh  delivered  when  a  young 
man  to  audiences  among  whom  were  Canning,  and  such  as 
he?  Would  it  not  be  as  instructive  to  hear  a  lirst-raie 
scholar  and  thinker  demonstrate  out  of  a  chapter  of  Greek 
or  Italian  history  how  dreadful  a  thing  it  is  for  a  cluster  of 
young  and  fervid  democracies  to  dwell  side  by  side,  inde- 
pendent and  disunited,  as  it  would  to  hear  a  chemist  maintain 
that  to  raise  wheat  you  must  have  some  certain  proportion 
of  lime  in  the  soil?  But  the  subjects  of  lectures  would  of 
course  be  adapted  to  time,  place,  and  circumstances,  and 
varied  with  them.  Whatever  they  should  treat  of,  they 
would  be  useful.  They  would  recreate,  and  refresh,  and 
instruct  you.  They  would  relieve  the  monotony,  and  soften 
the  austerity,  and  correct  all  the  influences  of  this  kind  of 
public  service. 

But,  Mr.  President,  all  this  is  no  administration  of  tin- 
fund;  all  this  ought  to  cost  less  than  live  thousand  dollars 
a  year.  We  coutd  not  sustain  more  than  one  lecture  in  a 
week,  nor  that  for  more  than  three  months  of  any  session. 
Here  is  an  accumulated  interest  of  two  hundred  thousand 
dollars;  and  here  is  an  annual  interest  of  thirty  thousand, 
of  which  thus  far  I  have  provided  for  an  expenditure  of 
some  five  thousand  only.  What  will  you  do  with  the  rest? 

It  is  easy  to  waste  this  money;  it  is  easy  to  squander  it 
in  jobs,  salaries,  quackeries;  it  is  easy,  even  under  the 
forms  of  utility,  to  disperse  and  dissipate  it  in  little  rills 
and  drops,  imperceptible  to  all  human  sense,  carrying  it  off 
by  an  insensible  and  ineffectual  evaporation.  But,  sir,  I 
take  it  that  we  all  earnestly  desire — I  am  sure  the  Senator 
from  Ohio  does  so — so  to  dispense  it  as  to  make  it  tell.  I 
am  sure  we  all  desire  to  see  it,  instead  of  being  carried  oil* 
invisibly  and  wastefully,  embody  itself  in  some  form,  some 
exponent  of  civilization,  permanent,  palpable,  conspicuous, 
useful.  And  to  this  end  it  has  seemed  to  me,  upon  the 
most  mature  reflection,  that  we  cannot  do  a  safer,  surer, 
more  unexceptionable  thing  with  the  income,  or  with  a 
portion  of  the  income — -perhaps  twenty  thousand  dollars  a 
year  for  a  few  years — than  to  expend  it  in  accumulating  a 
grand  and  noble  public  library — one  which,  for  variety, 
extent,  and  wealth,  shall  be,  and  be  confessed  to  be,  equal  to 
any  now  in  the  world. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  813 

I  say  for  a  few  years.  Twenty  thousand  dollars  a  year, 
for  twenty -five  years,  are  five  hundred  thousand  dollars; 
and  five  hundred  thousand  dollars  discreetly  expended,  not 
by  a  bibliomaniac,  but  by  a  man  of  sense  and  reading,  thor- 
oughly instructed  in  bibliography,  would  go  far,  very  far, 
towards  the  purchase  of  nearly  as  good  a  library  as  Europe 
can  boast.  I  mean  a  library  of  printed  books,  as  distinct 
from  manuscripts.  Of  course  such  a  sum  would  not  pur- 
chase the  number  of  books  which  some  old  libraries  are 
reported  to  contain.  It  would  not  buy  the  700,000  of  the 
Royal  Library  at  Paris,  the  largest  in  the  world;  nor  the 
500,000  or  600,000  of  that  of  Munich,  the  largest  in  Ger- 
many; nor  the  300,000,  400,000,  or  500,000  "of  those  of 
Vienna  and  St.  Petersburg,  and  the  Vatican  at  Rome,  and 
Copenhagen,  and  the  Bodleian  at  Oxford.  But  mere  num- 
bers of  volumes  afford  a  very  imperfect  criterion  of  value. 
Those  old  libraries  have  been  so  long  in  collecting;  acci- 
dent and  donation,  which  could  not  be  rejected,  have  con- 
tributed so  much  to  them,  a  general  and  indiscriminate 
system  of  accumulation  gathers  up,  necessarily,  so  much 
trash  ;  there  so  many  duplicates  and  quadruplicates,  and  so 
many  books  and  editions  which  become  superseded,  that 
mere  bulk  and  mere  original  cost  must  not  terrify  us.  Pon- 
derantar  non  numerantur.  Accordingly  the  Library  of  the 
University  at  Gottingen,  consisting  of  perhaps  two  hundred 
thousand  volumes,  but  well  chosen,  selected  for  the  most 
part,  within  a  century,  and  to  a  considerable  extent  by  a 
single  great  scholar,  (Heync,)  is  perhaps  to-day  as  valuable 
a  collection  of  printed  books  as  any  in  the  world.  Towards 
the  accumulation  of  such  a  library,  the  expenditure  of 
two-thirds  of  this  income  for  a  quarter  of  a  century  would 
make,  let  me  say,  a  magnificent  advance.  And  such  a  step 
taken,  we  should  never  leave  the  work  unfinished  ;  yet 
when  it  should  be  finished,  and  your  library  should  rival 
.anything  which  civilization  has  ever  had  to  show,  there 
would  still  be  the  whole  principal  of  your  fund  unexpended, 
yielding- its  income  forever,  for  new  and  varying  applica- 
tions for  increasing  and  diffusing  knowledge  in  the  world. 

[Mr.  CHOATE  here  read  a  letter  of  Professor  Torrey,  of 
Burlington,  showing  at  what  reduced  prices  valuable  books 
may  now  be  purchased.] 

I  hesitate,  from  an  apprehension  of  being  accused  of  en- 
tering too  far  into  a  kind  of  dissertation  unsuited  to  this 
assembly  of  men  of  business,  to  suggest  and  press  one-half 
the  considerations  which  satisfy  my  mind  of  the  propriety 
-of  this  mode  of  expenditure.  Nobody  can  doubt,  I  think, 


.314  CONGRESSIONAL    PROCEEDINGS. 

that  it   comes   within  the  terms  and  spirit  of  the  trust. 
That  directs  us  to  "  increase  and  diffuse  knowledge  among: 
men."     And  do  not  the  judgments  of  all  the  wise — does 
not  the  experience  of  all  enltghtened  States— does  not  the 
whole  history  of  civilization,  concur  to  declare  that  a  vari- 
ous and  ample  library  is  one  of  the  surest,  most  constant, 
most  permanent,  arid"  most  economical  instrumentalities  to 
increase  and  diffuse  knowledge  ?    There  it  would  be— dura- 
ble as  liberty,  durable  as  the  Union;  a  vast  storehouse,  a 
vast  treasury,  of  all  the  facts  which  make  up  the  history  of 
man  and  of  nature,  so  far  as  that  history  has  been  written  ; 
of  all  the  truths  which  the  inquiries  and  experiences^  all 
the  races  and  ages  have  found  out;    of  all  the  opinions 
that  have  been  promulgated;  of  all  the  emotions,  imagrs. 
sentiments,  examples,  of  all  the  richest  and  most  instructive 
literatures:  the  whole  past  speaking  to  the  present  and  tin- 
future  ;  a  silent,  yet  wise  and  eloquent  teacher ;  dead  yet 
speaking — not  dead!  for  Milton  has  told  us  that  a  fc-  good 
book  is  "not  absolutely  a  dead  thing — the  precious  life-blood 
rather  of  a  master  spirit;  a  seasoned  life  of  man  embalmed 
and  treasured  up  on  purpose  to  a  life  beyond  life."     Is  that 
not   an  admirable  instrumentality  to  increase-  and  diffuse 
knowledge  among  men  ?     It  would  plan-  within  the  reach- 
of  our  mind,  of  our  thinkers,  and  investigators,  and  schol- 
ars, all,  or  the  chief,  intellectual  and  literary  matt-rials,  and 
food  and  instruments,  now  within  the  reach  of  the  culti- 
vated foreign  mind;  and  the  effect  would  be  to  inereasu  the 
amount  of  individual  acquisition,  and  multiply  the  number 
of  the  learned.     It  would  raise  the  standard  of  our  schol- 
arship, improve  our  style  of  investigation,  and  communicate 
an  impulse  to  our  educated  and  to  the  general  mind.    There 
is  no  library  now  in  this  country,  I  suppose,  containing  over 
50,000  volumes.     Many  there   are  containing   less.     But, 
from  the  nature  of  the  case,  all  have  the  same  works ;  so 
that  I  do  not  know,  that  of  all  the  printed  hooks  in  the 
world,  we  have  in  this  country  more  than  50,000  different 
works.     The  consequence  has  been  felt  and  lamented  by  all 
our  authors  and  all  our  scholars.     It  has  been  often  said 
that  Gibbon's  history  could  not  have  been  written  here  for 
want  of  books.     I  suppose  that  Hallam's  Middle  Ages,  and 
his   Introduction  to  the  Literature  of   Europe  could  not. 
Irving's  Columbus  was  written  in  Spain.      Wheaton's  North- 
men was  prepared  to  be  written  in  Copenhagen.     See  how 
this  inadequate  supply  operates.     An  American  mind  kin- 
dles with  a  subject;  it  enters  on  an  investigation  with  a 
spirit   and  with    an    ability  worthy  of  the  most   splendid 


TWENTY-EIGHTH    CONGRESS,    1848-45. 

Achievement;  goes  a  little  way,  finds  that  a  dozen  books, 
one  book,  perhaps,  is  indispensable,  which  cannot  be  found 
this  side  of  Gottingen  or  Oxford  ;  it  tires  of  the  pursuit,  or 
abandons  it  altogether,  or  substitutes  some  shallow  conjec- 
ture for  a  deep  and  accurate  research,  and  there  an  end. 
Let  me  refer  to  a,  passage  or  two  of  the  complaints  of  stu- 
dious men  on  this  subject: 

"An  extensive  library,  answering  to  the  wants  of  literary  men  who  are 
to  use  it,  is  essential  to  the  public  and  effectual  promotion  of  learning.  In 
this  country  the  want  of  large  libraries,  is  a  serious  discouragement  of  su- 
perior attainments  and  accurate  researches  in  almost  every  walk  of  study. 
The  time  necessary  for  reading  or  examining  a  particular  book  is  often 
consumed  in  attempts  to  discover  or  obtain  it ;  and  frequently,  after  every 
effort,  it  cannot  be  procured.  We  are  obliged  to  give  over  our  inquiries  on 
subjects  where  we  would  arrive  at  fulness  and  exactness  in  our  knowledge, 
because  destitute  of  the  assistance  which  the  learned,  in  the  same  track  of 
study,  have  furnished,  or  to  continue  them  under  the  disadvantage  of  igno- 
rance respecting  what  has  been  done  by  others.  Thus  we  are  liable  to  be 
occupied  in  solving  difficulties  which  have  been  already  cleared,  discussing 
questions  which  have  been  already  decided,  and  digging  in  mines  of  litera- 
ture which  former  ages  have  exhausted.  Every  one  who  has  been  in  the 
way  of  pursuing  any  branch  of  study  in  our  country  beyond  the  mere  ele- 
ments, or  the  polite  and  popular  literature  of  the  time,  knows  how  soon  the 
progress  is  often  arrested  for  want  of  books.  This  is  not  the  case  merely 
with  persons  of  moderate  means,  who  are  unable  to  purchase  a  library  of 
their  own,  but  it  is  a  want  felt  under  the  most  favorable  circumstances. 

"  It  is  also  of  great  importance  that  the  library  of  a  university  should 
not  only  be  good,  but  very  good,  ample,  munificent ;  a  deposit  of  the 
world's  knowledge.  It  is  a  grievous  thing  to  be  stopped  short  in  the  midst 
of  an  inquiry  for  perhaps  the  very  book  that  throws  most  light  upon  it ; 
and  the  progress  of  learning  must  be  small  indeed  among  us,  so  long  as  the 
student  must  send  across  the  Atlantic  at  every  turn  for  the  necessary  aids 
.to  his  pursuits.  It  is  not  with  us  as  it  is  in  Europe,  where  very  many  libra- 
ries exist,  and  where  what  is  not  contained  in  one  may  be  found  in  another  ; 
and  the  learned  are  able  to  aid  each  other's  labors  by  furnishing  mutually, 
as  desired,  extracts  and  references  to  such  books  as  may  exist  at  one  place 
and  fail  at  another.  To  say  nothing  of  our  two  best  libraries  being  remote 
from  each  other  and  from  manv  parts  of  the  country,  they  are  themselves, 
of  course,  inadequate.  In  making  one  tolerably  complete  department  ex- 
pressly chosen  for  that,  and  entirely  devoted  to  it,  we  might  easily  comprise 
the  amount  of  books  in  our  largest  collection.  When  it  is  added  that  the 
libraries  mentioned  are  miscellaneous,  their  number  of  books  small,  as  the 
sum  total  is  scattered  over  all  the  parts  of  knowledge,  and  many  introduced 
by  separate  contributions  without  mutual  reference  to  each  other,  it  is  obvi- 
ous that,  comparatively  speaking,  the  best  must  be  extremely  defective." — 
North  American  Review,  vol.  8,  p.  192. 

"  What  public  library  in  this  country  contains  the  materials  for  an  accu- 
rate history  of  any  one  department  of  science?  Take  even  the  most  lim- 
ited, or  rather  one  of  the  most  recent  of  all,  the  science  of  political  economy. 
Here  our  researches  are  confined  to  one  definite  period.  We  have  no  dusty 
archives  to  explore,  no  time-worn  manuscripts  to  decipher.  The  origin  of 
the  science  is  within  the  memory  of  our  fathers,  and  we  ourselves  have 
witnessed  its  sudden  growth  and  rapid  development.  Yet  how  much  is  to 
be  done,  how  many  authorities  to  be  weighed,  how  many  different  treatises 
to  be  analyzed  and  compared,  before  we  can  venture  to  say  :  Here  is  the 
history  ;  for  such  was  the  rise,  such  the  progress,  such  the  changes  of 
opinions,  such  the  received  and  such  the  rejected  theories  of  political  econ- 


316  CONGRESSIONAL    PROCEEDINGS. 

omy  !  The  writers  of  the  first  French  school,  of  the  Scotch  school,  (and 
if  we  wish  for  history,  we  must  go  beyond  the  publication  of  Adam  Smiths 
oreat  work,)  the  Itafian,  the  new  French,  and  the  new  English  schools,  all 
have  not  merely  a  claim  upon  our  attention,  but  are  entitled  to  u  full  ant 
accurate  examination.  And  even  then  our  task  would  be  incomplete  ;  foi 
literary  justice  would  require  us  to  trace,  through  the  works  of  general 
political  writers,  the  hints  and  remarks  which  have  contributed  to  the  prog, 
ress  of  the  branch  we  are  studying,  by  the  discovery  of  truth  or  by  tin 
exposition  of  error.  If  such  be  the  obligation  of  the  student  whose  re- 
searches are  confined  to  a  subject  so  new,  what  must  be  the  necessities  <.. 
the  historian  who  attempts  to  throw  light  upon  those  period-,  for  which  ilu 
testimony  of  printed  authorities  is  to  be  confronted  with  that  of  manuscript: 
and  public  documents,  and  where  ignorance  and  prejudice  have  combinec 
with  the  more  powerful  incentives  of  interest  to  perplex  his  path  by  contra 
dictory  statements  and  conflicting  opinions  ! 

"Books  are  needed,  not  confined  to  any  single  branch,  but  embracinc 
the  whole  range  of  science  and  of  literature,  which  shall  supply  the  mean- 
of  every  species  of  research  and  inquiry,  and  which,  placed  within  read 
of  all,  shall  leave  idleness  no  excuse  for  the  lightness  of  its  labors,  an-1 
poverty  no  obstacles  which  industry  may  not  surmount. 

"  Whoever  reflects,  though  but  for  a  moment,  upon  the  niunen>u: 
branches  into  which  modern  literature  runs,  and  remembers  that  the  liter' 
ary  glory  of  a  nation  can  only  be  secured  by  a  certain  degree  of  success  ir 
each  of  them— whoever  considers  the  immense  mass  of  varied  materials 
without  which  no  historical  work  of  importance  can  be  composed,  or  tin 
•extensive  learning  which  is  required  of  even  the  most  gifted  genius  of  ai 
age  like  ours,  and  adds  to  these  considerations  the  general  and  undciiial>l< 
fact  that  of  those  who  would  gladly  devote  themselves  to  literature,  but  •< 
few  can  ever  hope  to  obtain  by  their  own  resources  the  command  of  tin 
works  that  are  essential  to  the  successful  prosecution  of  their  studies,  v.il 
be  ready  to  acknowledge  that  we  have,  as  yet,  done  but  a  small  part  <> 
what  may  be  justly  claimed  from  a  nation  which  aspires  to  the  first  rani- 
for  the  liberality,  and  politeness,  and  high  moral  tone  of  its  civilization 
Late,  however,  as  we  are  to  begin,  scarce  anything  in  this  department  ha: 
been  accomplished  in  Europe  which  might  not  be  done  with  equal  succes; 
in  America.  And  so  numerous  and  manifest  are  our  advantages  in  som< 
important  particulars,  that  a  prompt  will  and  sound  judgment  in  the  execv 
tion  of  it  might,  in  the  course  of  a  very  few  years,  render  the  America! 
student  nearly  independent  of  those  vast  collections  which,  in  Europe,  have 
required  centuries  for  their  formation.  The  undertaking,  however,  ii 
order  to  be  successful,  should  be  a  national  one.  Without  arguing  that  m 
State  is  fully  equal  to  it,  or  that  in  the  bounds  of  any  single  State  it  woulc 
not  answer  the  same  purpose,  we  may  be  permitted  to  say  that  the  enlarge' 
ment  of  the  library  of  Congress  upon  those  broad  principles,  the  applica 
tion  of  which  to  the  collection  of  books  has  become  a  difficult  and  import 
ant  art,  would  reflect  an  honor  upon  the  country  equal  to  the  permanen 
advantages  which  it  would  secure  to  every  member  of  the  community."— 
NortJi  American  Revieiv,  vol.  45,  p.  137. 

Yet  these  writers  had  access  to  the  best  library  in  thit 
country. 

Now  there  are  very  many  among  us,  and  every  day  \vc 
shall  have  more,  who  would  feelingly  adopt  this  language 
Place  within  their  reach  the  helps  that  guide  the  genius  anc 
labors  of  Germany  and  England,  and  lot  the  genius  am 
labors  of  Germany  and  England  look  to  themselves  !  GUI 
learned  men  would  grow  more  learned  and  more  able  ;  oui 
studies  deeper  and  wider;  our  mind  itself  exercised  anc 


TWENTY-EIGHTH    CONGRESS,    1813-45.  317' 

sharpened  ;  the  whole  culture  of  the  community  raised  and 
enriched.  This  is,  indeed,  to  increase  and  diffuse  knowl- 
edge among  men. 

If  the  terms  of  the  trust,  then,  authorize  this  expenditure, 
why  not  make  it  ?  Not  among  the  principal,  nor  yet  the 
least  of  reasons  for  doing  so,  is,  that  all  the  while  that  you. 
are  laying  out  your  money,  and  when  you  have  laid  it  out, 
you  have  the  money's  worth,  the  value  received,  the  property 
purchased,  on  hand,  to  show  for  itself  and  to  speak  for  itself. 
Suppose  the  professors  provided  for  in  the  bill  should  gather 
a  little  circle  of  pupils,  each  of  whom  should  carry  off  with 
him  some  small  quotient  of  navigation  or  horticulture,  or 
•rural  economy,  and  the  fund  should  thus  glide  away  and 
evaporate  in  such  insensible,  inappreciable  appropriations, 
how  little  there  would  be  to  testify  of  it !  Whereas  here, 
all  the  while,  are  the  books  ;  here  is  the  value ;  here  is  the 
visible  property ;  here  is  the  oil,  and  here  is  the  light. 
There  is  something  to  point  to,  if  you  should  be  asked  to 
account  for  it  unexpectedly,  and  something  to  point  to,  if  a 
traveller  should  taunt  you  with  the  collections  which  he  has 
-seen  abroad,  and  which  gild  and  recommend  the  absolutisms 
of  Vienna  or  St.  Petersburgh. 

Another  reason,  not  of  the  strongest  to  be  sure,  for  this 
mode  of  expenditure  is,  that  it  creates  so  few  jobs  and  sine- 
cures ;  so  little  salaried  laziness.  There  is  no  room  for 
abuses  in  it.  All  that  you  need  is  a  plain,  spacious,  fire- 
proof building  ;  a  librarian  and  assistants  ;  an  agent  to  buy 
your  books,  and  a  fire  to  sit  by.  For  all  the  rest,  he  who 
wants  to  read  goes  and  ministers  to  himself.  It  is  an  appli- 
cation of  money  that  almost  excludes  the  chances  of  abuses 
altogether. 

But  the  decisive  argument  is,  after  all,  that  it  is  an  applica- 
tion the  most  exactly  adapted  to  the  actual  literary  and  scien- 
tific wants  of  the  States  and  the  country.  I  have  said  that 
another  college  is  not  needed  here,  because  there  are  enough 
now  ;  and  another  might  do  harm  as  much  as  good.  But 
that  which  is  wanted  for  every  college,  for  the  whole 
country,  for  every  studious  person,  is  a  well-chosen  library, 
somewhere  among  us,  of  three  or  four  hundred  thousand 
books.  Where  is  such  a  one  to  be  collected  ?  How  is  it 
to  be  done?  Who  is  to  do  it?  Of  the  hundred  and  "fifty 
colleges,  more  or  less,  distributed  over  the  country,  one  has 
a  library  of  perhaps  fifty  thousand  volumes ;  others  have 
good  ones,  though  less ;  others  smaller,  and  smaller,  down 
to  scarcely  anything.  With  one  voice  they  unite,  teacher 
arid  pupil,  with  every  scholar  and  thinker,  in  proclaiming 


CONGRESSIONAL    PROCEEDINGS. 

the  want  of  more.  But  where  arc  the}7  to  come  from  ?  X<> 
State  is  likely  to  lay  a  tax  to  create  a  college  library,  or  a 
city  library.  No  death-bed  gift  of  the  rich  can  be  expected 
to  do  it.  Plow,  then,  is  this  one  grand  want  of  learning  to 
be  relieved  ?  It  can  be  done  by  you,  and  by  you  only.  IJy 
a  providential  occurrence,  it  is  not  only  placed  within  your 
constitutional  power,  but  it  has  become  your  duty:  you 
have  pledged  your  faith  ;  you  have  engaged  to  the  dead  and 
living  that,  without  the  charge  of  one  dollar  on  the  people, 
you,  you  will  meet  the  universal  and  urgent  demand  by  tin- 
precise  and  adequate  supply.  By  such  a  library  as  you  can 
collect  here  something  will  be  done,  much  will  be  done,  io 
help  every  college,  every  school,  every  studious  man,  every 
writer  and  thinker  in  the  country  to  just  what  is  wanted 
most,  Inquirers  after  truth  may  come  here  and  search  lor 
it.  It  will  do  no  harm  at  all  to  pass  a  few  studious  weeks 
among:  these  scenes.  Having  pushed  their  investigations  as 
far  as  they  may  at  home,  and  ascertained  just  what,  and 
how  much  more,  of  helps  they  require,  let  them  come 
hither  and  iind  it.  Let  them  replenish  themselves,  and 
then  go  back  and  make  distribution  among  their  pupils; 
ay,  through  the  thousand  channels,  and  by  the  thousand 
voices  of  the  press,  let  them  make-  distribution  among  the 
people  !  Let  it  be  so  that  — 

:i  UitlxT  us  to  their  fountains  other  stars 

,  in  tln-ir  ^old'-n  urn.-,  draw  light.'' 


I  have  no  objection  at  all  —  F  should  rejoice  rather  —  to  sm 
the  literary  representatives  of  an  instructed  people  come 
hither,  not  merely  for  the  larger  legislation  and  jurispru- 
dence, but  for  the  rarer  and  higher  knowledge.  I  am  quite 
willing,  not  only  that  our  "Amphytftionic  Council  "  should 
sit  here,  but  that  it  should  iind  itself  among  some  such 
scenes  and  influences  as  surrounded  that  old  renowned 
assembly;  the  fountain  of  purer  waters  than  those  of  (  'as- 
talia;  the  temple  and  the  oracle  of  our  Apollo  !  It  will  do 
good  to  have  your  educated  men  come  to  Washington  for 
what  has  heretofore  cost  voyages  to  Germany.  They  will 
be  of  all  the  parts  of  the  country.  They  will  become  ac- 
quainted with  each  other.  They  will  contract  friendships 
and  mutual  regards.  They  will  go  away  not  only  better 
scholars,  but  better  unionists.  Some  one  has  said  that  a 
great  library  moulds  all  minds  into  one  republic.  It  might, 
in  a  sense  of  which  he  little  dreamed,  help  to  keep  our.- 
together. 

I  have  intimated,  Mr.  President,  a  doubt  whether  a  college 


TWENTY-EIGHTH    CONGRESS,    1843-45.  319 

or  university  of  any  description,  even  the  highest,  should  be 
at  present  established  here.  But  let  it  be  considered  by  the 
enlightened  friends  of  that  object,  if  such  there  are,  that 
even  if  your  single  purpose  were  to  create  such  a  university, 
you  could  possibly  begin  in  no  way  so  judiciously  as  l>y  col- 
lecting a  great  library.  Useful  in  the  other  modes  which  I 
have  indicated,  to  a  university  it  is  everything.  It  is  as 
needful  as  the  soul  to  the  body.  While  you  are  doubting, 
then,  what  to  do,  what  you  will  have,  you  can  do  nothing 
so  properly  as  to  begin  to  be  accumulating  the  books  which 
you  will  require  on  whatever  permanent  plan  of  application 
you  at  last  determine. 

I  do  not  expect  to  hear  it  said  in  this  assembly  that  this 
expenditure  for  a  library  will  benefit  a  few  only,  not  the 
mass  ;  that  it  is  exclusive  and  of  the  nature  of  monopoly. 
It  is  to  be  remembered  that  this  fund  is  a  gift ;  that  we  take 
it  just  as  it  is  given  ;  and  that  by  its  terms  it  must  be  dis- 
bursed here.  Any  possible  administration  of  it,  therefore, 
is  exposed  to  the  cavil  that  all  cannot  directly,  and  literally, 
and  equally  partake  of  it.  How  many  and  of  what  classes 
of  youth  from  Louisiana,  or  Illinois,  or  New  England,  for 
example,  can  attend  the  lectures  of  your  professor  of  astron- 
omy ?  But  I  say  it  is  a  positive  and  important  argument 
for  the  mode  of  application  which  I  urge,  that  it  is  so  diffu- 
sive. Think  of  the  large  absolute  numbers  of  those  who, 
in  the  succession  of  years,  will  come  and  partake  directly 
of  these  stores  of  truth  and  knowledge  !  Think  of  the 
numbers  without  number  who,  through  them,  who  by  them 
indirectly,  will  partake  of  the  same  stores  !  Studious  men 
•will  come  to  learn  to  speak  and  write  to  and  for  the  grow- 
ing millions  of  a  generally  educated  community.  They 
will  learn  that  they  may  communicate.  They  cannot  hoard 
if  they  would,  and  they  would  not  if  they  could.  They 
take  in  trust  to  distribute  ;  and  every  motive  of  ambition, 
of  interest,  of  duty,  will  compel  them  to  distribute.  They 
buy  in  gross,  to  sell  by  retail.  The  lights  which  they  kin- 
dle here  will  not  be  set  under  a  bushel,  but  will  burn  on  a 
thousand  hills.  No,  sir;  a  rich  and  public  library  is  no 
anti-republican  monopoly.  Who  was  the  old  Egyptian  king 
that  inscribed  on  his  library  the  words — the  dispensary  of 
the  soul  ?  You  might  quite  as  well  inscribe  on  it — armory, 
and  light,  and  fountain  of  liberty  ! 

It  may  possibly  be  inquired  what  account  I  make  of  the 
library  of  Congress.  I  answer,  that  I  think  it  already  quite 
good  and  improving  ;  but  that  its  existence  constitutes  no 
sort  of  argument  against  the  formation  of  such  a  one  as  I 


320  CONGRESSIONAL    PROCEEDINGS. 

recommend.  In  the  theory  of  it,  that  library  is  collected 
merely  to  furnish  Congress  and  the  Government  with  the 
means  of  doing  their  official  business.  In  its  theory  it  must 
be,  in  some  sort,  a  professional  library  ;  and  the  expenditure 
we  now  make — five  thousand  dollars  in  a  year,  or,  as  last 
year,  two  thousand  and  five  hundred — can  never  carry  it  up 
to  the  rank  and  enable  it  to  fulfill  the  functions  of  a  truly 
great  and  .general  public  library  of  science,  literature,  and 
art.  The  value  of  books  which  could  be  added  under  tin- 
appropriations  of  the  last  year,  cannot  greatly  exceed 
twenty-two  hundred  dollars.  Doubtless,  however,  in  the 
course  of  forming  the  two,  it  would  be  expedient  and  inevi- 
table to  procure  to  a  great  extent  different  books  for  each. 

I  do  not  think,  Mr.  President,  that  I  am  more  inclined 
than  another  to  covet  enviously  anything  which  the  older 
civilization  of  Europe  possesses  which  we  do  not,  I  do  not 
suppose  that  I  desire,  any  more  than  you,  or  than  any  ut 
you,  to  introduce  here  those  vast  inequalities  of  fortune, 
that  elaborate  luxury,  that  fantastic  and  extreme  refinement. 
But  I  acknowledge  a  pang  of  envy  and  grief  that  there 
should  be  one  drop  or  one  morsel  more  of  the  bread  or 
water  of  intellectual  life  tasted  by  the  European  than  by  tin- 
American  mind.  Why  should  not  the  soul  of  this  country 
eat  as  good  food  and  as  much  of  it  as  the  soul  of  Europe  '.' 
Why  should  a  German  or  an  Englishman  sit  down  to  a  re- 
past of  five  hundred  thousand  books,  and  an  American 
scholar,  who  loves  truth  as  well  as  he,  be  put  on  something 
less  than  half  allowance  ?  Can  we  not  trust  ourselves  with 
so  much  of  so  good  a  thing  ?  Will  our  digestion  be  im- 
paired by  it  ?  Are  we  afraid  that  the  stimulated  and  fervid 
faculties  of  this  young  nation  will  be  oppressed  and  over- 
laid ?  Because  we  have  liberty  which  other  nations  have 
not,  shall  we  reject  the  knowledge  which  they  have  and 
which  we  have  not?  Or  will  you  not  rather  say,  that, 
because  we  are  free,  therefore  will  we  add  to  our  freedom 
that  deep  learning  and  that  diffused  culture  which  are  its 
grace  and  its  defense  ? 
•  He^concluded  by  moving  the  following  amendment : 

Strike  out  the  eighth  section  and  insert 

SEC.  8.  And  whereas  an  ample  and  well  selected  public  library  consti- 
tutes one  of  the  permanent,  constant,  and  effectual  means  of  increasing  and 
diffusing  knowledge  among  men  ;  therefore 

Be  it  further  enacted,  That  a  sum  not  less  than  $20,000  be  annually  ex- 
pended, of  the  interest  of  the  fund  aforesaid,  in  the  purchase  of  books  and 
manuscripts  for  the  formation  of  a  library  of  the  institution  aforesaid, 
which,  for  its  extent,  variety,  and  value,  shall  be  worthy  of  the  donor  of 
the  said  fund,  and  of  this  nation,  and  of  the  age. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  321 

Mr.  TAPPAN  next  addressed  the  Senate,  but  in  so  low  a 
tone  of  voice  that  only  detached  sentences  of  his  remarks 
could  be  heard  in  the  gallery.  He  was  understood  to  argue 
that  there  was  no  necessity  for  striking  out  the  eighth  sec- 
tion, or  materially  altering  the  bill,  as  it  was  not  incompat- 
ible with  its  provisions  to  engraft  upon  it  a  modification  of 
the  proposition  submitted  by  the  Senator  from  Massachusetts. 
If  a  library  on  a  liberal  scale,  such  as  the  Senator  desired,  was 
deemed  proper,  it  would  be  only  necessary  to  add  a  section  to 
that  effect  to  the  bill,  striking  out  so  much  of  the  first  sec- 
tion as  relates  to  the  same  subject.  But  he  did  not  concur 
with  the  Senator  from  Massachusetts  that  a  vast  and  costly 
miscellaneous  library  would  meet  the  objects  contemplated 
by  the  donor  with  this  munificent  fund.  In  addition  to  the 
general  terms  of  his  expressed  will,  that  this  fund  should  be 
applied  to  the  "  increase  and  diffusion  of  knowledge  among 
men,"  it  was  proper  to  inquire  into  the  manner  in  which  he 
himself  conceived  this  was  best  to  be  accomplished ;  and  in 
this  inquiry  whatever  instruction  could  be  gleaned  from  his 
own  habits  and  pursuits  should  not  be  disregarded,  in  the 
absence  of  other  lights.  Mr.  Smithson  was  an  eminent 
practical  philosopher,  intimately  acquainted  with  the  prac- 
tical sciences — such  as  chemistry,  mineralogy,  geology,  and 
natural  history — to  the  minute  study  of  which  he  mainly 
devoted  his  life.  His  favorite  resort  was  the  Jardin  des  Plantes 
at  Paris,  an  institution  in  which  he  found  congregated  al 
the  elements  furnished  by  art,  nature,  and  science,  for  pur 
suits  congenial  to  his  own  mind.  There  could  be  little- 
doubt  that,  in  making  this  bequest  to  the  United  States,  he 
had  in  view  the  establishment  of  some  such  institution  as 
the  Jardin  des  Plantes  in  the  western  hemisphere.  On  this 
reasonable  supposition  the  present  bill  was  framed;  and  to 
show  that  it  conformed  closely  to  that  design  he  requested 
a  description  of  that  institution,  which  he  sent  to  the  table., 
would  be  read. 

The  description  was  accordingly  read,  but  being  imper- 
fectly heard  the  substance  only  is  here  given : 

Jardin  Royal  des  Plantes  on  Jardin  du  Roi. — This  institu- 
tion owes  its  origin  to  Guy  de  la  Brosse,  physician  to  Louis 
XIII.  Richelieu,  Sequier,  and  Bullion,  intendants  of  finance 
enabled  him  to  found  a  botanic  garden,  and  to  lay  down  the 
plan,  which  his  successors  carried  to  perfection.  This  germ, 
grew  to  maturity  during  the  reigns  of  Louis  XIV  and  XV; 
and  the  other  departments  owed  their  excellence  of  arrange- 
ment to  the  celebrated  Buffon  during  his  superintendence. 
His  studies  embraced  all  nature,  and  he  collected  his  mate- 
21 


322  CONGRESSIONAL    PROCEEDINGS. 

rials  from  every  portion  of  the  globe.  Since  his  time,  Dau- 
berton  completed  the  whole  plan,  and  raised  the  establish- 
ment to  the  highest  degree  of  perfection. 

Distinguished  professors  exercise  their  talents  in  gratu- 
itous lectures  on  mineralogy,  geology,  general  chemistry, 
botany,  agriculture,  natural  history,  the  anatomy  of  man 
and  animals,  and  iconography. 

The  building  contains  a  copious  library  of  works  of  nat- 
ural history,  fine  collections  of  preserved  animal  specimens, 


ductions  with  that  of  exotic  plants.  The  productions  of 
every  region  of  the  globe  are  preserved  in  extensive  hot- 
houses. "There  is  a  menagerie,  a  superb  botanical  garden, 
a  splendid  amphitheatre  for  lectures,  and  spacious  cabinet  of 
curiosities.  Everything  is  open  to  the  public  gratuitously. 

Mr.  T.,  in  continuation,  expatiated  at  considerable  length 
upon  the  merits  of  the  bill ;  and  in  proof  that  its  provisions 
were  calculated  to  meet  the  wishes  and  intentions  of  the 
donor  of  the  munificent  fund  now  the  object  of  considera- 
tion. He  doubted  the  utility  of  such  an  extensive  and  costly 
library  as  had  been  suggested  by  the  Senator  from  Massa- 
chusetts; he  doubted  the  possibility  of  laying  out  usefully 
and  advantageously  $20,000  a  year — or  even  more  than 
four  or  five  thousand  dollars  a  year — in  the  purchase  of 
books.  It  would  be  impossible  to  make  such  a  vast  collec- 
tion of  books  as  $500,000  would  purchase,  without  includ- 
ing cart  loads — nay  ship  loads — of  trash,  not  worth  in  reality 
the  cost  of  transport.  There  was  the  library  of  Congress. 
to  the  increase  of  which  $5,000  was  annually  appropriated, 
and  it  was  well  known  that  this  sum  enabled  the  committee 
to  procure  everything  coming  out  in  print  worth  procuring. 
Yet,  in  this  library,  small  in  comparison  to  any  of  those 
foreign  libraries  alluded  to  by  the  Senator,  he  protested 
there  was  more  than  half  the  books  that  he  would  not  take 
n  gift  of  for  the  cost  of  transportation  to  Ohio.  In  conclu- 
sion he  saw  no  necessity  for  striking  out  the  eighth  section 
of  the  bill.  If  the  Senate  approved  of  a  more  liberal  pro- 
vision for  the  library,  an  additional  section  could  be  put 
after  the  eighth  section,  and  the  necessary  alteration  could 
be  made  in  the  first  section. 

Mr.  WOODBURY  did  not  rise  for  any  purpose  of  opposition, 
but  to^suggest  a  course  that  would  probably  result  in  har- 
monizing the  propositions  of  the  Senators  from  Ohio  and 
Massachusetts.  He  thought  if  the  bill  was  recommitted  to 


TWENTY-EIGHTH    CONGRESS,    1843-45.  323 

~the  Committee  on  the  Library,  it  would  receive  more  atten- 
tion than  it  was  possible  to  bestow  upon  it  when  there  before, 
in  consequence  of  the  absence  of  some  of  its  members;  and 
he  had  no  doubt  the  propriety  of  providing  for  the  establish- 
ment of  a  complete  library  on  a  liberal  scale — he  would  not 
say  to  the  extent  of  purchases  amounting  annually  to  twenty 
thousand,  fifteen  thousand,  or  ten   thousand  dollars,  but  to 
an  extent  commensurate  with  the  wants  of  science  and  the 
arts  in  this  country  at  present,  to  be  hereafter  enlarged  as 
might  be  found  necessary.     He  should   be  sorry  to  see  the 
eighth  section  of  the  bill  stricken  out,  for  he  thought  there 
were  important  provisions  in  it  which  ought  to  be  "retained. 
The  professors,  and  everything  going  to  the  principle  of 
having  a  college  or  school  connected  with  the  institution, 
should  be  dispensed  with,  but  the  plan  of  employing  emi- 
nent lecturers  should    be    retained.     These  lecturers  could 
very-well  perform  all  the   experiments   required  by  the  bill 
of  professors.     If  lecturers  of  great  attainments,  even  from 
Europe  were  deemed  necessary,  they  could  be  procured  and 
paid  liberally.     The   donor  of  this  fund  was  too  well   in- 
formed not  to  know  that  in  this  country  the  most  ample 
provisions  in   school  lands    had  been  made  for  elementary 
education,  and  that  this  fund  was  at  least  equal  to  a  stock 
yielding  a  million  and  a  half  of  dollars  annually  for   pur- 
poses of  education.     Ilis  intention  doubtless  was  to  devote 
his  bequest   to   that   increase   and  diffusion   of  knowledge 
among  men  which  was  not  to  be  attained  at  existing  insti- 
tutions of  learning  in  this  country;  and  it  was  obvious  this 
intention  could  be  best  accomplished  by  a  harmonious  blend- 
ing of  the  propositions  of  the  two  Senators,  properly  modi- 
fied.    There  was,  however,  one  part  of  the  plan  he  strongly 
objected  to  as  unnecessary ;  it  was  that  relating  to  the  estab- 
lishment of  a  salaried  board  of  managers.     The  whole  tiring 
of  balloting  in  Congress  for  this  board  of  managers  was  ob- 
jectionable, and  would  lead  to  loss  of  time  and  other  incon- 
veniences ;  besides,  the  persons  so  chosen  might  be  the  mos; 
unfit.     There  was  no    occasion   whatever  for  that  descrip- 
tion of  management.     A  National  Institute  was  already  in 
existence  in  the  capital  of  the  government,  created  by  Con- 
gress, and  the  objects  of  which  were  peculiarly  appropriate 
to  those  of  the  trust  now  under  consideration.     The  officers 
of  this  institute  are  the  ex  qfficio  officers  of  the  government 
itself,  the  scientific  residents  of  the  city,  and  the  most  emi- 
nent professors  of  many  of  the  learned  institutions  of  the 
country.     These  are  all  gentlemen  of  high  attainments  and 
character,  to  whom  the  pursuit  of  knowledge  and  its  diffu- 


324  CONGRESSIONAL  PROCEEDINGS. 

sion  are  labors  of  love,  for  which  they  seek  no  pecuniary 
reward.  To  that  Institute  this  trust  should  be  confided. 
He  hoped,  therefore,  that  in  remodeling  the  bill,  the  com- 
mittee would  allow  this  matter  its  due  weight  and  con- 
sideration. 

Mr.  TAPPAN  saw  no  necessity  for  recommitting  the  bill  to 
the  Committee  on  the  Library  or  any  other  committee. 
The  Senate  could,  without  striking  out  the  eighth  section, 
amend  it,  and  incorporate  such  modification  as  might  ap- 
prove of  the  proposition  made  by  the  Senator  from  Mas>a- 
chusetts. 

Mr.  PEARCE  suggested  the  propriety  of  postponing  tin- 
further  consideration  of  the  bill  till  to-morrow,  by  which 
time  gentlemen  might  make  up  their  minds  as  to  the  neces- 
sity of  remodelling  the  bill. 

SENATE,  January  9,  1845. 

The  unfinished  business  from  yesterday  was  the  bill  pro- 
viding for  the  establishment  of  the  Smithsonian  Institution, 
the  consideration  of  which  was  accordingly  resumed,  as  in 
committee  of  the  whole. 

Mr.  TAPPAN  inquired  what  was  the  pending  motion. 

The  CHAIR  said  it  was  to  recommit  the  bill. 

Mr.  WOODBURY  said,  that  in  compliance  with  the  desire 
of  the  Senators  who  took  part  in  the  discussion  of  yester- 
day, he  would  for  the  present,  withdraw  his  motion  to  re- 
commit. 

Mr.  CHOATE  also  withdrew  his  motion  of  amendment, 
pending  at  the  time  the  Senator  from  New  Hampshire 
moved  to  recommit  the  bill. 

Mr.  C.  then  moved  to  strike  out  the  proviso  in  the  first 
section  of  the  bill,  which  runs  thus : 

Provided,  That  the  books  to  be  purchased  for  said  institution  shall  con- 
sist of  works  on  science  and  the  arts,  especially  such  as  relate  to  the  ordi- 
nary business  of  life,  and  to  the  various  mechanical  and  other  improvements 
and  discoveries  which  may  be  made. 

His  object  was  to  avoid  a  premature  decision  on  the  point 
at  issue  as  to  the  plan  of  a  general  library,  or  a  special  one 
limited  to  works  on  physical  science.  By  striking  out  the 
proviso,  the  Senate  would  not  commit  itself — the  question 
as  to  the  nature  of  the  libraiy  being  reserved  for  amend- 
ment to  another  section  of  the  bill. 

Mr.  TAPPAN  considered  the  motion  to  strike  out  the  pro- 
viso must  produce  a  test  vote  on  the  very  point;  and  if  that 


1843-45.  325 

test  was  desired,  it  might  as  well  be  taken  on  it  as  on  any 
other  amendment. 

He  argued  that  a  library  limited  to  the  works  on  sciences 
and  the  arts,  specified  in  the  proviso,  would  be  the  only  suit- 
able and  appropriate  library  for  the  institution.  There  was 
no  necessity  tor  another  general  library  in  the  city  of  Wash- 
ington, where  the  government  had  already  the  library  of 
Congress,  the  libraries  of  the  State,  War,  Navy  and  other 
public  departments,  annually  augmented  by  means  of  large 
appropriations. 

Mr.  WOODBURY,  before  the  question  of  striking  out  the 
proviso  was  taken,  wished  to  offer  an  amendment  which 
might  render  it  more  acceptable.  He  moved  the  substitute 
for  the  words  "  consist  of,"  the  words  "  among  others,  in- 
clude ;  "  which  would  take  away  the  imperative  injunction 
to  purchase  none  but  books  on  science  and  the  arts. 

Mr.  CRITTENDEN  was  about  to  suggest  some  such  modifi- 
cation. He  thought  the  proviso  might  be  modified  so  as  to 
read,  "  That  in  the  purchase  of  books,  it  shall  be  a  principal 
object  to  obtain  works,"  &c.,  following  on  with  the  words 
of  the  original. 

Mr.  TAPPAN  said  the  Senator's  object  would  be  attained 
by  substituting  for  the  words  "  consist  of,"  the  words  prin- 
cipally be." 

Mr.  CRITTENDEN  said  that  would  not  exactly  convey  his 
idea. 

Mr.  PEARCE  preferred  striking  out  the  proviso  altogether. 
If  he  understood  the  object  aimed  at  by  the  Senator  from 
Massachusetts,  it  was  to  make  the  interest  of  this  munificent 
bequest  accomplish  the  injunction  of  the  donor,  by  such  an 
increase  and  diffusion  of  knowledge  among  men  as  a  com- 
plete national  library,  worthy  of  him  and  this  country  would 
undoubtedly  insure.  The  library  of  Congress,  though  no 
larger  than  the  private  collections  of  many  private*  gentle- 
men in  Europe,  had  been  thirty  years  collecting,  and  now 
numbered  only  40,000  volumes.  The  library  of  the  British 
Museum  consists  of  200,000  volumes ;  yet,  by  a  recent  re- 
port, it  appears  that  £100,000  is  required  to  render  it  com- 
plete. The  libraries  of  the  government  alluded  to  by  the 
Senator  from  Ohio,  are  indispensable  to  the  departments,  as' 
is  that  of  Congress  to  the  Capitol :  they  cannot  with  due  re- 
gard to  the  interests  of  national  legislation,  be  transferred 
for  public  use  as  a  national  library.  By  carrying  out  the 
suggestion  of  the  Senator  from  Massachusetts,  a  great 
national  library,  worthy  of  the  country  and  the  donor  of  this 
fund,  may  be  established. 


326  CONGRESSIONAL    PROCEEDINGS. 

The  question  was  taken  on  Mr.  Woodbury's  amendment, 
and  it  was  rejected. 

Mr.  CRITTENDEN  now  moved  his  amendment,  (before 
stated.) 

Mr.  CHOATE  thought  it  equally  objectionable ;  its  tendency 
would  be  to  prompt  the  managers  to  the  selection  alone  of 
the  description  of  works  in  some  measure  prescribed.  He 
would  infinitely  prefer  the  postponement  of  this  question  of 
limitation  till  an  amendment  to  the  eighth  section,  which 
he  had  in  view,  should  come  up.  He  hoped  the  simple 
motion  to  strike  out  the  proviso  would  prevail. 

Mr.  CRITTENDEN  withdrew  his  motion. 

After  a  few  remarks  from  Mr.  Tappun  in  favor  of  retain- 
ing the  proviso, 

'The  question  was  taken  on  the  motion  of  Mr.  Ohoate, 
and  the  proviso  was  stricken  out. 

Mr.  CHOATE  now  moved  to  insert  in  the  fifth  section, 
which  enumerates  the  duties  of  the  superintendent,  so  much 
of  the  succeeding  sections  as  the  following  words  contain  : 
"  And  he  (the  superintendent)  shall  make  experiments  to 
determine  the  utility  and  advantage  of  new  modes  and  in- 
struments of  culture;  to  determine  whether  new  fruits, 
plants,  and  vegetables  may  be  cultivated  to  advantage  in 
the  United  States ;  and  all  such  fruits,  plants,  seeds,  and 
vegetables  as  shall  be  found  useful,  and  adapted  to  any  of 
our  soils  and  climate,  shall  be  distributed  among  the  people 
of  the  Union."  This  would  meet  the  wishes  of  the  Senator 
from  Ohio,  so  far  as  regarded  the  professor  of  agriculture 
and  horticulture.  It  was  his  design  to  move  afterwards  to 
strike  out  the  7th  section,  which  provides  for  a  corps  of  pro- 
fessors, and  to  offer  a  substitute. 

Mr.  TAPPAN  thought  there  were  other  professors  equally 
indispensable — such  as  one  on  chemistry  and  one  on  astron- 
omy, if  a  professor  of  astronomy  were  attached  to  the  in- 
stitution, the  observatory  could  be  confided  to  its  care,  and 
the  very  valuable  instruments  it  contains  would  afford  facil- 
ities for  the  study  of  that  branch  of  science  at  the  capital 
not  to  be  obtained  elsewhere  in  the  Union.  Chemistry  was 
also  intimately  connected  with  the  objects  of  the  institution. 

Mr.  CHOATE  said  discussion  on  these  points  would  come 
up^on  a  future  motion  he  should  make. 

The  question  was  then  taken  and  the  amendment  adopted. 

Mr.  CHOATE  now  moved  to  strike  out  the  7th  section,  and 
to  insert  in  lieu  of  it  the  following : 

Section  7,  strike  out  all  after  the  enacting  clause,  and  insert,  "  That  the 
board  of  managers  shall  employ  competent  persons  to  deliver  lectures,  or 


TWENTY-EIGHTH    CONGRESS,    1843-45.  327 

courses  of  lectures,  in  the  institution,  upon  literature,  science,  and  art,  and 
the  application  of  science  and  art,  during  the  sessions  of  Congress  ;  to  make 
regulations  respecting  attendance  thereon  ;  to  fix  the  rates  of  compensa- 
tion therefor;  and  to  prescribe  from  time  to  time,  the  subjects  of  such  lee- 
tures,  having  regard  to  the  character  of  the  audience  before  whom  they  are 
delivered,  and  the  intent  of  the  donor — that  is  to  say,  the  increase  and  dif- 
fusion of  knowledge  among  men. 

The  amendment  was  adopted. 

Mr.  CHOATE  next  moved  to  strike  out  the  8th  section,  and 
to  substitute  the  following : 

SEC.  8.  And  whereas  an  ample  and  well-selected  public  library  consti- 
tutes one  of  the  most  permanent,  constant,  and  effectual  means  of*  increas- 
ing and  diffusing  knowledge  among  men  ;  therefore 

Be  it  further  enacted,  That  an  annual  expenditure,  be  made  from  the  in- 
terest of  the  fund  aforesaid,  under  the  direction  of  the  said  managers,  on 
the  purchase  of  books  and  manuscripts  for  the  formation  of  a  library  of  the 
institution  aforesaid,  which,  for  its  extent,  variety,  and  value,  shall  be  wor- 
thy of  the  donor  of  the  said  fund,  and  of  this  nation  and  of  the  age. 

Mr.  CRITTENDEN  moved  to  add  to  it  a  proviso  that,  in 
the  purchase  of  books  for  said  institution,  it  should  be  re- 
garded as  a  principal  object  to  purchase  works  on  science 
and  the  arts,  especially  such  as  relate  to  the  ordinary  busi- 
ness of  life,  and  to  the  various  mechanical  and  other  improve- 
ments and  discoveries  which  may  be  made. 

Mr.  CHOATE  argued  that  this  limitation  was  not  only  un- 
necessary, but  would  most  certainly  prove  injurious.  It  was 
unnecessary,  because  no  national  library,  such  as  he  con- 
templated, and  such  as  he  hoped  the  Senate  would  authorize, 
could  be  made  complete  without  every  one  of  the  works  on 
science  and  the  arts  which  the  Senators  for  Ohio  arid  Ken- 
tucky could  possibly  desire.  The  proviso  would  operate 
injuriously,  by  raising  a  constitutional  question  of  disputa- 
tion among  the  managers  as  to  the  quantity  of  money  to  be 
applied  to  this  special  description  of  books,  and  to  general 
literature.  If  it  was  stated  that,  out  of  a  given  sum,  two- 
thirds  should  be  devoted  to  these  books,  and  one-third  to 
other  books,  they  could  easity  agree ;  but  indefinitely  direct- 
ing a  preference,  would  be  to  limit  exceedingly  in  effect  the 
portion  to  be  devoted  to  works  of  general  literature. 

This  point  was  debated  at  great  length  by  Messrs.  Critten- 
den,  Choate,  and  Woodbury :  Mr.  Choate  being  opposed  to 
any  proviso,  and  Messrs.  Crittenden  and  Woodbury  in  favor 
of  one  sufficiently  explanatory  to  show  a  preference  for  the 
works  indicated,  without  putting  an  undue  restriction  on 
the  purchase  of  all  other  books  suitable  to  a  general  library. 

Mr.  RIVES  said  he  should  feel  very  great  repugnance  to 
any  provision  in  this  bill  which  should  assume  to  recognize 
any  important  distinction  between  the  different  branches  of 


328  CONGRESSIONAL    PROCEEDINGS. 

human  knowledge.  The  general  object  of  this  bequest — of 
which  \ve  are  constituted  the  trustee — is  described  to  be  the 
"  increase  and  diffusion  of  knowledge  among  men."  Xow, 
If  we  were  to  have  a  library  at  all  to  carry  out  this  great 
object,  it  really  seemed  to  him  that  that  library  ought  to  be 
coextensive  with  the  limits  of  human  knowledge.  Some  of 
his  honorable  friends  on  both  sides  of  the  House,  had  dropped 
observations  in  the  course  of  this  debate — and  he  had  heard 
them  with  surprise — which  would  seem  to  imply  that  moral 
science  is  not  knowledge,  and  that  nothing  but  what  are  re- 
garded as  the  natural  sciences — astronomy,  mathematics, 
and  others  of  that  class — is  knowledge.  The  great  lie  Id  of 
modern  inquiry  relating  to  the  moral  and  political  sciences 
is  not  to  be  considered  "at  all  as  a  branch  of  human  knowl- 
edge !  Was  this  so?  And  was  this  the  country,  or  this  tl it- 
age,  in  which  we  were  to  recognize  such  a  doctrine  ?  It  did 
seem  to  him  that  the  most  important  of  all  tin-  branches  of 
human  knowledge  is  that  which  relates  to  the  moral  and 
political  relations  of  man.  It  is  intimately  connected  with 
the  rights,  and  duties,  and  privileges  of  citizens,  whether  in 
public  or  in  private  life.  How  would  gentlemen  designate 
that  great  branch  of  human  science,  which  is  of  very  mod- 
ern origin,  and  even  now  in  its  infancy — political  economy  ? 
Is  it  not  a  most  important  part  of  human  knowledge  ?  And 
are  the  legislators  of  this  country,  who  are  so  deeply  con- 
cerned in  the  destinies  and  progressive  civilization  of  the 
human  race,  to  regard  the  science  of  government  and  legis- 
lation as  no  part  of  human  knowledge?  It  really  seemed 
to  him  that,  as  representatives  of  the  American  people,  they 
could  recognize  no  such  distinction.  We  have  been  told 
from  high  classical  authority  that  "  the  proper  study  of  man- 
kind is  man  ;"  but  here  the  idea  upon  which  the  original 
form  of  this  bill  seemed  to  stand  was,  that  the  proper  study 
of  mankind  is  that  of  animals,  exotics,  and  plants  only — not 
including  at  all  the  great  moral  and  civil  relations  of  man. 
Now,  he  took  it  upon  himself  to  say  that,  if  gentlemen 
would  survey  the  field  of  moral  science,  they  would  find 
that  it  embraced  a  much  larger  portion  of  knowledge  than 
the  physical  sciences,  however  important  they  may  be. 

The  honorable  and  venerable  member  from  Ohio,  as  he 
had  been  styled,  [Mr.  Tappari,]  based  his  leading  arguments 
upon  the  necessity  of  making  that  institution  a'counterpart 
of  the  Jardin  des  Plantes,  in  "Paris,  where  there  were  great 
collections  of  material  elucidating  natural  history;  but  let 
him  tell  the  honorable  Senator  that  that  institution  was  sus- 
tained at  a  very  great  expense,  and  yet  it  afforded  but  a  very 


TWENTY-EIGHTH    CONGRESS,    1843-45.  329 

limited  source  of  improvement  for  the  increase  and  diffusion 
•of  knowledge  in  its  liberal  sense.  Was  there  no  other  in- 
stitution in  Paris  than  the  Jardin  des  Plantes,  which  could 
be  taken  as  a  model  ?  He  would  refer  the  honorable  Sena- 
tor to  another  institution,  and  one  whichf  would  better  fulfill 
the  design  of  the  bequest.  Look  at  the  wide  and  compre- 
hensive body  of  instruction  delivered  at  the  Sorbonrie,  (the 
Faculte  des  LeMres  et  Sciences,)  under  the  auspices  of  the 
University  of  France,  the  great  fountain  of  knowledge  to 
which  all  enlightened  strangers  repair,  and  drink  in  copious 
libations  of  philosophical  and  practical  learning.  He  was 
not  conversant  with  Mr.  Smithson's  peculiar  tastes  or  habits ; 
but  if  he  (Mr.  S.)  was  the  man  of  liberal  and  general  in- 
quiry that  he  believed  him  to  have  been,  he  would  venture 
to  assert  that  his  resort  was  as  much  to  the  Sorbonne  as  to 
the  Jardin  des  Plantes.  And  what  would  he  hear  there  ? 
Would  he  not  hear  lectures  on  the  sciences  of  history,  moral 
philosophy,  arid  government,  as  well  as  physics,  and  math- 
ematics ?  The  present  minister  of  France,  M.  Guizot,  had 
been,  if  he  mistook  not,  a  lecturer  on  history — ancient  and 
modern  history,  comprehending  all  the  phases  of  human 
society — in  this  institution.  Others  had  become  known 
there  to  the  world  as  much  as  lecturers,  as  ministers  of  state, 
worthy  of  being  entrusted  with  the  destinies  of  nations  and 
mankind. 

He  would  beg  leave  to  ask  the  gentlemen  who  had  charge 
of  this  great  subject,  in  looking  for  a  model,  to  look  at  such 
an  institution  as  the  Faculte  des  Lettres  et  Sciences  at  the 
Sorbonne,  rather  than  at  a  special  institution  like  the  Jardin 
des  Plantes.  He  had  no  disposition  to  depreciate  the  value 
of  the  physical  sciences;  but  he  insisted  upon  it,  that  the 
moral  and  political  sciences  were  equally  important,  and, 
if  any  distinction  was  to  be  drawn,  more  important.  At  a 
very  early  period  of  his  life,  he  was  struck  with  a  graphic 
remark  make  by  the  great  commentator  on  English  law,  in 
illustrating  the  fitness  of  associating  a  professorship  of  law 
with  the  [Jniversity  of  Oxford — and  his  honorable  friend 
from  Kentucky  [Mr.  Orittenden]  no  doubt  well  recollected 
the  passage — that  "  the  sciences  are  of  a  sociable  disposition, 
and  nourish  best  in  the  neighborhood  of  each  other."  He 
would  make  no  distinction.  He  must  be  permitted  to  say, 
that  he  thought  the  Senate  had  already  decided  the  question 
in  regard  to  the  extension  of  this  library,  by  striking  out 
the  proviso  of  the  first  section,  and  the  whole  of  the  eighth 
section,  which  provides  for  professors  on  the  subject  of  nat- 
ural sciences  only. 


330  CONGRESSIONAL    PROCEEDINGS. 

He  saw  no  reason  for  any  distinction  between  the  moral 
and  physical  sciences.  If  such  a  library  as  was  contempla- 
ted by  the  honorable  Senator  from  Massachusetts  was  es- 
tablished, there  would  be  no  danger  of  the  physical  sciences 
being  slighted ;  but  he  hoped  that  these  great  moral  and 
political  sciences,  which  so  intimately  concern  the  temporal 
and  eternal  destinies  of  man,  would' have  their  appropriate 
space  in  this  great  receptacle  of  human  knowledge.^ 

He  had  been  led  to  these  remarks  because  his  firm  and 
solemn  conviction  was,  that  we  now  have  it  in  our  power  to 
do  more  good  to  this  nation  in  our  day  and  generation,  by 
a  judicious  and  wise  application  of  this  five  hundred  thou- 
sand dollars,  which  has  been  put  into  our  hands,  than  by  the 
application  of  the  twent}T-tive  or  thirty  millions  we  arc  in 
the  habit  of  annually  appropriating. 

He  was  glad  that  it  was  the  sense  of  the  Senate  that  this 
subject  should  go  back  to  the  committee,  to  be  matured  and 
deliberately  acted  upon,  and  that  there  was  to  IK-  brought 
forward  a  plan  of  some  great  and  noble  foundation,  which 
would  realize,  to  the  fullest  extent,  the  magnificent  concep- 
tion which  suggested  this  donation.  He  was  opposed  to 
any  limitations,  he  was  opposed  to  any  distinctions  between 
the  great  branches  of  human  knowledge.  In  the  republic  of 
letters  all  stood  upon  a  platform  of  equality:  and  if  we 
have  a  library  at  all,  it  should  be  co-extensive  with  the  lim- 
its of  human  knowledge,  and  with  the  design  of  the  donor 
— "  the  increase  and  diffusion  of  knowledge  (of  all  sound 
knowledge)  among  men." 

Mr.  PHELPS  suggested  a  modification  of  the  amendment 
proposed  by  the  Senator  from  Kentucky.  It  was  to  shape 
his  proviso  so  as  to  say  "That,  in  the  selection  of  such  books 
as  were  necessary  to  form  a  complete  library,  due  regard, 
should  be  had  to  works  of  science,"  &c. 

Mr.  CRITTENDEN  accepted  the  modification. 

Mr.  BATES  protested  against  any  proviso  which  would  limit 
the  selection.  It  was  wholly  unnecessary,  because  no  great 
national  library  could  be  complete  without  the  very  works 
alluded  to. 

Mr.  NILES  did  not  think  it  came  within  the  purpose  of 
the  donation  to  establish  a  great  national  library.  If  the 
donor  thought  that  the  best  way  of  increasing  and  diffusing 
knowledge  among  men,  he  would  have  enjoined  the  estab- 
lishment of  such  a  library.  He  was  in  favor  of  a  prudent 
limitation  with  regard  to  that  branch  of  the  institution,  and 
should  therefore  submit  a  motion  to  that  effect. 


TWENTY-EIGHTH    CONGRESS,    1843-45.  831'. 

The  question  was  then  taken  on  Mr.  Crittenden's  amend- 
ment, as  modified,  and  it  was  rejected — ayes  15,  noes  21. 

Mr.  NILES  now  moved  to  amend  the  amendment,  by  lim- 
iting the  purchase  of  books  to  $5,000  annually. 

Mr.  BUCHANAN  inquired  if  $5,000  a  year  was  to  build  up 
n  library  worthy  of  the  donor,  this  nation,  and  this  age  ? 

The  amendment  was  rejected. 

The  question  now  reverted  on  Mr.  Choate's  amendment, 
and  it  was  adopted. 

Mr.  TAPPAN,  before  the  motion  to  recommit  was  made, 
wished  to  test  the  sense  of  the  Senate  as  to  his  original  plan, 
of  adding  some  of  the  interest  to  the  principal  so  as  to 
make  the  fund  $600,000.  He  therefore  moved  to  amend 
the  first  section  by  adding  $91,682  out  of  the  interest  due, 
to  the  original  fund,  so  that  the  investment  should  be 
$600,000. 

Mr.  CEIOATE  objected  to  this  as,  in  effect,  cutting  off  the 
means  for  establishing  a  national  library.  The  buildings 
for  the  institution,-  the  enclosures  of  ground,  and  the  pur- 
chase of  objects  of  natural  history,  would  possibly  consume 
so  much  of  the  residue  of  interest  as  to  leave  little  or  none 
for  founding  the  library,  or  erecting  a  suitable  building  for 
one.  It  might  take  from  $150,000  to  $200,000  for  all  these ; 
but  till  details  and  estimates  were  properly  investigated,  it 
would  not,  in  any  case,  be  prudent  to  divert  the  manage- 
ment of  this  accumulated  interest. 

Mr.  BUCHANAN  thought  it  was  desirable,  if  it  could  be 
done  without  defeating  the  objects  intended,  to  increase  the 
capital  by  this  addition  of  a  part  of  the  interest. 

Mr.  TAPPAN  put  his  motion  in  a  definite  form. 

Mr.  SIMMONS  argued  that,  until  some  plan  was  agreed  upon 
as  to  the  manner  of  carrying  out  the  intention  of  the  donor, 
it  would  be  highly  imprudent  to  make  a  permanent  invest- 
ment of  means  that  might  be  wanted  in  the  accomplish- 
ment of  the  object. 

Mr.  TAPPAN  urged  that  $117,000  of  the  interest  would  re- 
main, which  could  be  as  much  as  the  managers  would  lay 
out  with  advantage  in  the  first  year;  and  for  the  second, 
they  would  have  $36,000  on  the  $600,000.  The  $6,000 
would  cover  the  expenses  of  lectures  and  experiments^ 
leaving  annually  $30,000  for  collecting  a  library,  and  the 
other  purposes  required  of  the  management. 

The  amendment  was  rejected. 

Mr.  MOREHEAD  suggested  a  renewal  of  the  amendment, 
making  the  addition  $41,682,  instead  of  $91,862,  so  that  the 


.332  CONGRESSIONAL    PROCEEDINGS. 

-capital  fund  would  be  $550,000,  bearing  an  interest  of 
000  a  year. 

After  some  conversational  discussion  on  this  point,  it  was 
ngreed  to  let  the  proposition  go,  with  the  offered  amend- 
ments, to  the  committee ;  and 

On  the  motion  of  Mr.  WOODBURY,  the  bill  and  amend- 
ments were  recommitted  to  the  Committee  on  the  Library. 

SENATE,  January  16,  1845. 

Mr.  TAPPAN,  from  the  Committee  on  the  Library,  reported 
the  bill  (S.  No.  18)  with  an  amendment;  which  was  ordered 
to  be  printed. 

SENATE,  January  21,  184.~>. 

On  motion  of  Mr.  TAPPAN,  the  previous  orders  were  post- 
poned, with  a  view  of  taking  up  the  bill  for  the  establish- 
ment of  the  Smithsonian  Institution. 

The  bill  was  accordingly  taken  up  for  further  considera- 
tion as  in  Committee  of  the  Whole,  the  question  being  on 
adopting  the  substitute  reported  from  the  Committee  on 
the  Library,  to  whom  had  been  recommitted  the  original 
bill  for  the  purpose  of  having  it  remodeled. 

This  substitute  provides,  as  the  original  bill  did,  for  the 
investment  of  the  principal  sum  received  under  the  bequest, 
in  the  Treasury  of  the  United  States,  at  six  per  cent,  inter- 
est from  the  date  of  its  reception;  and  for  placing  at  the 
disposal  of  the  managers  the  accumulated  and  accruing 
interest  for  the  purpose  of  carrying  out  the  design  of  the 
donor — the  increase  and  diffusion  of  knowledge  among 
men.  The  outlay  of  the  accumulated  interest  is  to  be,  as 
directed  in  the  first  bill,  upon  all  necessary  buildings,  en- 
closures, purchases,  and  application  of  the  grounds  appro- 
priated out  of  the  property  of  the  United  States  in  the  Mall, 
heretofore  described,  for  the  objects  of  the  institution  ;  the 
business  of  the  institution  to  be  conducted  by  a  board  of 
managers,  consisting  of  the  Vice-President  of  the  United 
States,  the  Chief  Justice  of  the  Supreme  Court,  while  in 
office,  three  members  of  the  Senate,  three  members  of  the 
House  of  Representatives,  and  seven  other  persons,  not 
members  of  Congress,  two  of  whom  shall  be  members  of 
the  National  Institute  in  the  city  of  Washington,  and  resi- 
dent in  said  city ;  the  other  five  to  be  inhabitants  of  the 
States,  no  two  from  the  same  State.  The  three  members 
of  the  Senate  to  be  appointed  by  the  presiding  officer  of 
the  Senate;  and  the  three  members  of  the  House  by  the 
-Speaker  of  the  House.  In  each  House  the  respective  mem- 


1843-45.  33S 

bers,  so  chosen,  to  be  a  standing  committee  on  the  Smith- 
sonian Institution,  and,  together,  a  joint  committee. 

These  appointments  to  be  made  on  every  fourth  Wednes- 
day of  December,  to  serve  for  one  year ;  vacancies  to  be 
tilled  as  they  are  in  the  regular  committees.  The  other 
seven  members  to  serve  for  two  years,  to  be  chosen  by  joint 
resolution  of  Congress  every  alternate  fourth  Wednesday 
of  December;  vacancies  to  be  filled  in  like  manner  when- 
ever they  occur.  The  managers  to  meet  on  the  first  Mon- 
day in  May  next,  and  fix  the  times  of  regular  meetings  of 
the  board.  On  any  application  of  three  members,  the 
superintendent  shall  call  a  meeting  of  the  board  by  letter 
to  each  member — five  constituting  a  quorum.  Each  mem- 
ber of  the  board  to  be  paid  his  necessary  traveling  and 
other  actual  expenses  in  attending  meetings;  which  shall 
be  audited  and  recorded  by  the  superintendent. 

Whenever  money  is  required  for  the  purposes  of  the 
institution,  the  superintendent,  or  managers,  or  any  three, 
may  certify  to  the  president  of  the  board  that  it  is  so  re- 
quired; whereupon  he  shall  submit  the  requisition  to  a 
committee  of  three  managers  appointed  for  the  purpose  of 
regulating  the  expenditures,  for  examination  and  approval; 
arid,  upon  their  examination  and  approval,  the  president  of 
the  board  shall  certify  the  same  to  the  proper  officer  of  the 
Treasury  as  authority  for  the  payment.  The  board  to  make 
all  needful  rules,  regulations,  and  by-laws  for  the  government 
of  the  institution,  and  the  persons  employed  therein;  and 
shall  submit  to  Congress,  at  each  session,  a  report  of  the 
operations,  expenditures,  and  condition  of  the  institution. 
The  bill  then  details  the  duties  of  the  board  in  commenc- 
ing operations.  Among  the  buildings  is  to  be  one  for  the 
reception  of  an  extensive  library,  equal  to  the  first-class  of 
libraries  in  the  w^orld.  When  the  necessary  buildings  are 
erected,  all  objects  of  natural  history  >  plants,  and  geolog- 
ical and  mineralogical  specimens,  belonging  to  the  United 
States,  in  Washington  or  elsewhere,  to  be  delivered  to  the 
institution,  where  they  shall  be  arranged  in  such  order  and 
so  classed  as  best  to  facilitate  the  examination  and  study  of 
them;  new  acquisitions  of  the  institution  to  be  classed  and 
arranged  in  like  manner.  The  personal  effects  of  Mr. 
Smithson  to  be  kept  apart  and  preserved  separate  from 
other  property  of  the  institution.  The  managers  to  appoint 
the  superintendent  of  the  institution,  who  is  to  be  secretary 
to  the  board,  and  professor  of  agriculture,  horticulture, 
and  rural  economy;  and  he  may,  with  the  approbation  of 
the  board,  employ  such  gardeners,  agriculturists,  and  labor- 


CONGRESSIONAL    PROCEEDINGS. 

ers  as  may  be  required  for  the  institution.  He  is  to  make 
experiments  to  determine  the  utility  and  advantage  of  new 
modes  and  instruments  of  culture,  and  whether  new  fruits, 
plants,  and  vegetables  may  be  cultivated  to  advantage  in 
the  United  States;  and  those  which  shall  prove  worthy  of 
adoption,  shall  be  distributed  among  the  people  of  the 
Union.  The  superintendent  to  be  paid  siu-h  salary  as  the 
board  may  think  proper;  and  the  board  may  remove  hid 
and  appoint  another  in  his  place,  whenever  the  interest  of 
the  institution  may  require  it.  The  board  is  also  to  employ 
competent  persons  to  deliver  lectures,  or  courses  of  lectures, 
in  the  institution,  upon  literature,  science,  and  art.  and  on 
the  application  of  science  to  art,  (luring  the  sessions  of 
Congress,  commencing  next  session;  to  make  regulations 
respecting  attendance  thereon;  to  iix  the  rules  of  compen- 
sation therefor;  and  to  prescribe,  from  time  to  time,  the 
subjects  of  lectures,  having  regard  to  the  character  of  the 
audience  before  whom  they  are  delivered,  and  the  intent  of 
the  donor — the  increase  and  diilusion  of  knowledge  among 
men:  Provided  the  entire  expenditure  for  lectures  shall 
not  exceed  $5,000  a  year.  The  managers  may,  at  their  dis- 
cretion, cause  these  lectures,  or  such  of  them  as  they  desire, 
to  be  printed  and  sold  at  the  cost  of  publication,  An 
annual  expenditure  of  not  less  than  §20,000  out  of  the 
interest  of  the  fund  is  authorized  to  be  made  in  the  pur- 
chase of  books  and  manuscripts  for  the  library  of  the  insti- 
tion,  which  library  is  to  comprehend  in  due  proportion, 
without  preference  or  exclusion  of  any  branch  of  knowl- 
edge, works  pertaining  to  all  the  departments  of  human 
knowledge,  as  well  as  physical  science,  and  the  application 
of  science  to  the  arts  of  life,  as  all  other  science,  philoso- 
phy, history,  literature,  and  art ;  and  for  its  extent,  variety, 
and  value,  said,  library  shall  be  worthy  of  the  donor  of  the 
fund,  and  of  this  nation  and  the  age.  The  managers  to 
employ  a  librarian  and  assistants,  and  to  fix  their  salaries; 
.also  to  prescribe  the  regulations  under  which  the  library 
shall  be  kept,  visited  and  used.  In  conclusion,  the  bill 
appoints  the  seven  managers  not  ex  qfficio  members,  as  fol- 
lows : 

Jared  P.  Kirtland  of  Ohio,  Richard  Henry  Wilde  of  Lou- 
isiana, George  Tucker  of  Virginia,  George  Bancroft  oi 
Massachusetts,  Henry  King  of  Missouri,  and  Joseph  G.  Tot- 
ten  and  Alexander  Dallas  Bache,  members  of  the  National 
Institute,  and  resident  in  Washington,  as  the  seven  mem- 
bers who,  by  the  second  section^  would  be  appointed  by 
•Congress.  The  right  of  altering,  amending,  adding  to,  or 


' 


V 


TWENTY-EIGHTH    CONGRESS,    1843-45.  "N»3<5SC/ 

v^. 

repealing  the  act  is  reserved  to  Congress,  provided  that  no 
•contract  or  individual  right  made  or  acquired  under  its  pro- 
visions be  divested  or  impaired. 

On  motions  of  Messrs.  TAPPAN  and  CHOATE,  two  mis- 
prints in  the  new  bill  were  amended. 

Mr.  WOODBURY  remarked  that  most  of  the  amendments 
which  he  had  submitted  on  a  former  day  to  be  printed,  had 
been  rendered  unnecessary  by  the  changes  since  made  in  the 
bill  by  the  Library  Committee.  But  there  was  one  defect 
still  left  in  the  board  of  managers,  as  he  viewed  the  subject, 
and  which  it  was  desirable  to  have  removed.  He  was  fully 
sensible  that  any  attempt  to  alter  a  bill  which  has  twice 
received  the  deliberate  consideration  of  a  committee  of  this 
body,  was  almost  hopeless.  But  the  subject  was  a  novel 
one  to  us  all.  It  was,  also,  not  a  measure  of  ordinary  legis- 
lation, affecting  the  rights  and  property  of  our  constituents, 
but  the  discharge  of  an  important  trust  in  behalf  of  a  for- 
eign philanthropist,  and  where  we  ought  to  move  slowly  in 
our  deliberations,  and  rather  confer,  converse,  and  consult, 
as  a  real  committee  of  the  whole,  instead  of  debate  like 
partisans.  He  would,  therefore,  take  the  liberty  to  suggest 
that  the  board  of  management  now  proposed  was  imperfect 
in  two  respects.  It  did  not  contain  persons  enough  resi- 
dent at  the  place  where  their  duties  must  be  performed, 
and  was  so  constituted  as  to  be  likely  to  render  the  elec- 
tions of  them  by  the  two  Houses  on  some  occasions  diffi- 
cult, and  open  to  improper  influences. 

There  would  be  no  objection  to  the  Vice-President  and 
Chief  Justice  as  members  of  the  board,  on  account  of  the 
character  of  the  present  incumbents ;  but  neither  of  them 
lived  here,  nor  did  any  of  the  six  members  of  Congress  pro- 
posed to  be  appointed — nor  any  except  two  of  the  other 
managers  to  be  selected  at  large.  ISTow  as  no  compensation 
was  to  be  given  as  salary  or  a  per  diem — it  must  be  obvious 
that  seldom  would  any  one  attend  to  the  business,  unless 
residing  on  the  spot.  For,  though  some  would  be  here  at 
times  officially,  yet  we  all  know  that  it  was  under  a  pres- 
sure of  other  engagements  likely  to  prevent  a  close  atten- 
tion to  this  trust. 

What  Mr.  W.  wished  to  propose  instead  of  this,  was  the 
officers  of  the  National  Institute — most  of  whom  lived  in 
this  city,  and  five  or  six  of  whom  consisted  ex-officio  of  the 
President  and  his  cabinet,  as  a  public  check — equal  to  that 
of  the  Vice-President  and  Chief  Justice,  and  superior  in 
position,  as  always  on  the  spot. 

This  plan  had  the  approbation  of  a  former  library  com- 


336  '          CONGRESSIONAL    PROCEEDINGS. 

rnittee  about  two  years  ago ;  and  he  beld  in  his  hand  a  bill 
to  that  effect,  not  acted  on  for  want  of  time,  and  reported 
by  a  distinguished  South  Carolinian,  now  in  retirement, 
[Mr.  Preston.] 

He  hoped,  on  reflection,  it  would  again  be  found  accept- 
able to  a  majority  of  the  committee  and  the  Senate;  espe- 
cially when  aided  by  some  additional  provisions,  which  he 
would  suggest. 

In  order" to  let  others  at  large  participate,  if  they  pleased. 
and  had  leisure,  he  proposed  to  unite  with  the  officers  of 
the  institute  four  persons  from  the  different  sections  of  the 
Union ;  and,  to  render  the  supervision  of  Congress  as 
strong  and  effective  as  is  proposed  by  the  bill,  to  devolve 
that  duty  on  the  Library  Committee — a  committee  already 
organized  and  talented,  and  peculiarly  fitted,  in  some  re- 
spects, for  matters  of  this  character. 

In  order,  likewise,  to  avoid  the  delay  and  difficulties  <ii 
elections  by  the  two  Houses,  he  proposed  to  have  this  same 
committee  of  Congress  select  the  four  members  at  laru<  . 
The  amendment  he  was  about  to  propose  was  intended  to 
accomplish  not  only  these  two  general  changes  in  the  mode 
of  electing,  and  in  more  convenient  residence  of  most  of 
the  board,  without  any  loss  of  fitness  in  station  and  pursuit, 
and  without  being  any  less  under  the  immediate  control  of 
Congress  and  its  committee;  but  to  increase  that  control 
by  placing  all  their  doings,  and  especially  the  mode  of 
drawing  money  from  the  Treasury,  under  increased  securi- 
ties, to  be  prescribed  from  time  to  time  by  the  Library 
Committee.  As  the  bill  stood  now,  an  account  must  be 
opened  with  every  individual  dealt  with  or  paid ;  and  no 
bonds  or  security  were  required  in  any  case.  Mr.  W. 
wished  to  clothe  the  committee  of  Congress  with  authority 
to  remedy  these  detects,  and  not  only  make  the  whole  board 
of  management  subject  to  the  acts  of  Congress  and  its 
directions  given  from  time  to  time  ;  but  subject  also  to  the 
constant  scrutiny  of  the  standing  committee  of  Congress  in 
both  Houses.  And  so  far  from  conferring  salaries  or  dona- 
tions on  the  board  or  on  the  institute,  he  would  not  give  a 
dollar  to  either,  except  to  defray  actual  expenses  incurred 
in  the  discharge  of  the  trust ;  and  not  allow  either  to  draw 
a  cent  from  the  Treasury  except  in  the  manner  and  under 
the  security  which  shall  be  prescribed  by  that  standing  com- 
mittee of  the  two  Houses. 

With  these  explanations,  he  submitted  the  amendment 
he  would  now  read  : 


TWENTY-EIGHTH    CONGRESS,    1843-45.  337 

To  strike  out  those  portions  of  the  new  bill  providing 
for  the  constitution  of  a  board  of  managers,  and  insert : 

"  The  National  Institute,  through  its  officers,  not  to  exceed  their  present 
number,  and  associate  with  them  four  other  scientific  gentlemen,  from  dif- 
ferent portions  of  the  Union,  to  be  selected  by  the  Joint  Committee  on  the 
Library  ;  and  said  committee  to  exercise,  from  time  to  time,  a  supervision 
and  control  over  this  board,  in  behalf  of  Congress,  and  see  that  its  directions, 
as  expressed  in  this  act,  or  in  any  future  act,  be  duly  carried  into  effect; 
and  to  prescribe  safe  rules  to  be  adhered  to  in  drawing  from  the  Treasury 
and  auditing  all  moneys  whatever  expended  from  the  Smithsonian  fund  ; 
and  none  of  the  said  board,  nor  any  of  said  committee,  shall  receive  any 
compensation  for  their  personal  services  on  this  subject  from  the  fund  afore- 
said, but  be  paid  only  their  traveling  expenses." 

Mr.  BUCHANAN  would  be  very  glad,  if  it  could  be  accom- 
plished, (and  he  thought  at  first  it  might  be  on  this  amend- 
ment,) to  get  a  test  vote  of  the  Senate  on  the  question 
whether  Congress  or  the  National  Institute  shall  have  the 
management  and  control  of  the  Smithsonian  Library.  But 
the  amendment  contained  some  things  not  necessarily  in- 
volved in  that  test,  which  might  be  advantageously  consid- 
ered. He  could  not  move  an  amendment,  or  he  would,  so 
as  to  separate  these  thirrgs. 

Mr.  CHOATE  said  the  amendment  of  the  Senator  from 
New  Hampshire  raised  the  precise  question  the  Senator 
from  Pennsylvania  wished  to  have  tested. 

Mr.  BUCHANAN  looked  upon  it  as  a  compound  amend- 
ment. 

Mr.  TAPPAN  hoped  the  amendment  would  not  prevail. 
Although  the  chairman  of  the  Library  Committee  some 
sessions  back,  [Mr.  Preston,]  then  a  Senator  from  South 
Carolina,  made  a  report  accompanied  by  a  bill,  in  conformity 
with  this  amendment,  it  was  with  the  express  understand- 
ing of  the  committee  that  not  one  member  of  it  but  him- 
self was  in  favor  of  that  plan,  or  would  sustain  it. 

Mr.  CHOATE  did  not  know  that  the  amendment  offered 
by  the  Senator  from  New  Hampshire  would  not  make  a  very 
good  board  of  management;  indeed  he  felt  nothing  but  re- 
spect in  the  highest  degree  for  that  Senator  and  his  associates, 
of  the  National  Institute  ;  as  co-laborers  in  the  advancement 
of  science  and  the  diffusion  of  knowledge  among  men,  they 
had  already  done  a  good  deal.  But  he  had  ascertained, 
through  various  conferences  in  the  Library  Committee,  that 
the  Senator's  proposition  was  not  likely  to  meet  that  favor 
or  support  necessary  to  insure  the  success  of  the  bill  this 
session ;  on  the  contrary,  that  it  would  make  enemies  of 
many  who  would  otherwise  sustain  the  measure.  Now,  on 
this  subject  of  constituting  a  board  of  managers — for  the 
22 


338  CONGRESSIONAL    PROCEEDINGS. 

committee  attached  great  importance  to  it— he  (Mr.  C.)  Lad 
given  it  his  most  anxious  attention.  It  was  the  only  part  of 
the  original  bill  to  which  much  consideration  was  not  given 
in  the  iirst  instance.  Since  its  recommittal  the  committee 
had  had  repeated  conferences  on  this  point,  and  the  result 
has  heen  that  the  plan  laid  down  in  the  bill  was  unani- 
mously adopted  as  a  happy  embodiment  of  the  main  princi- 
ples of  all  former  propositions,  the  difference  of  opinion  in 
regard  to  which  had  heretofore  impeded  the  action  of  Con- 
gress as  to  the  disposition  of  the  fund.  He  was  prepared 
now  to  say,  that  unless  there  was  some  more  palpable 
objection  than  had  yet  been  made  to  the  plan  laid  down  in 
the  bill,  the  support  which  it  would  insure  could  not  fail  of 
rendering  the  measure  successful  this  session. 

It  miglit  be  necessary  to  say  a  word  or  two  respecting  the 
course  pursued  by  the  committee  in  making  this  arrange- 
ment. They  went  back  to  the  records  of  all  proceed  ings  in 
Congress  since  the  reception  of  the  bequest,  to  ascertain  the 
number  and  character  of  the  various  propositions  suggest  i •«! 
for  its  disposition  ;  and  having  collected  them  all,  the  com- 
mittee conceived  they  could  not  be  mistaken  in  combining 
from  the  whole  such  general  principles  as  would  unite  the 
greatest  number  of  friends  to  the  main  object.  Now  he 
felt  bound  to  say,  that  in  this  the  committee  had  succeeded 
beyond  his  most  sanguine  expectations.  They  had  not,  as 
the  Senator  from  New  Hampshire  seemed  to  suppose,  made 
a  complex,  expensive,. or  impracticable,  plan  of  machinery 
for  the  management  of  the  institution  ;  but,  on  the  contrary, 
one  pre-eminently  likely  to  work  well — economically,  effi- 
ciently, and  practically  considered. 

On  reviewing  all  former  propositions,  the  committee 
found  that  there  were  two  or  three  things  in  which  a  large 
majority  concurred — such  as,  that  the  Vice-President  and 
Chief  Justice  of  the  United  States  should  be,  ex  offieio, 
members  of  the  board,  and  that  they  should  have  associated 
with  them  one  or  two  respectable  resident  members  of  the 
National  Institute.  It  was  found,  also,  that  a  suggestion 
came  from  Mr.  Robbins  of  Rhode  Island,  that  three  mem- 
bers of  the  Senate  and  three  of  the  House  of  Representa- 
tives should  be  made  members  of  the  board.  Thus  the 
committee  had  united  whatever  there  was  to  recommend 
this  proposition  to  those  whose  differences  of  opinion  had 
heretofore  impeded  the  action  of  Congress.  They  took  for 
the  ex  offieio  members  of  the  board  the  Vice-President  and 
the^ Chief  Justice  of  the  United  States.  There  could  be  no 
difficult}-  as  to  their  appointment,  for  they  are  already 


TWENTY-EIGHTH    CONGRESS,    1843-45.  339 

elected,  and  always,  by  virtue  of  their  office,  ready  to  act. 
The  committee  then  provided  that  three  membeYs  of  the 
Senate  should  be  named  by  the  presiding  officer  in  the  same 
way  that  he  named  standing  committees ;  and  that  three 
members  of  the  House  of  Representatives,  in  like  manner, 
should  be  appointed  by  the  Speaker  of  the  House.  These 
six  members  would  form  a  joint  standing  committee,  and 
have  charge  of  the  institution  in  Congress ;  for  the  com- 
mittee decided  that  Congress  should  hold  in  its  own  Hands 
the  control  and  supervision  of  the  institution.  Thus  Con- 
gress would  have  the  interests  of  the  institution  imme- 
diately represented  on  the  floor  of  both  Houses.  In  addi- 
tion to  those  eight  ex  officio  members  of  the  board,  there 
would  be  seven  persons  to  be  selected  by  Congress — two  of 
them  from  the  resident  members  of  the  National  Institute, 
the  remainder  from  different  States  of  the  Union.  Here- 
after, these  seven  are  to  be  elected  by  joint  resolution  of 
Congress  every  two  years.  This  would  afford  an  oppor- 
tunity of  electing  gentlemen  distinguished  as  men  of  science 
and  learning,  who,  from  the  respect  entertained  for  them, 
would  be  able  to  enlist  the  most  friends  for  the  institution, 
and  would  have  the  best  opportunities  of  making  the  citi- 
zens of  the  Union  acquainted  with  its  objects  and  ad- 
vantages. 

There  was  another  consideration  which  he  was  sure 
would,  upon  reflection,  have  some  weight  with  the  Senator 
from  New  Hampshire,  and,  he  hoped,  induce  him  to  forego 
his  amendment.  It  was,  that,  in  looking  at  the  two  propo- 
sitions, with  a  view  of  ascertaining  which  was  most  repub- 
lican, most  democratic  in  principle,  he  would  find  that  of 
the  committee  infinitely  more  so  than  his  own.  It  was 
certainly  anti-republican  and  anti-democratic  to  surrender 
nil  control  of  the  people's  representatives  in  respect  to  a 
trust  especially  committed  to  their  custody,  for  the  people's 
benefit,  and  place  it  in  the  hands  of  a  close  body,  like  the 
National  Institute,  wholly  irresponsible  to  either  Congress 
or  the  people — a  body,  the  machinery  and  operations  of 
which,  so  far  as  regarded  the  people,  were  shut  out  from 
their  view,  and  to  which  they  could  of  right  have  no  access. 
On  the  other  hand,  the  proposition  of  the  committee  recog- 
nized especially,  and  in  a  pre-eminent  degree,  the  complete 
control  and  supervision  of  the  people's  representatives,  and 
insured  that  publicity  which  could  not  fail  of  gaining  public 
confidence  in  the  management  of  the  institution,  and  uni- 
versal approbation  as  to  the  attainment  of  the  purpose  for 
which  the  bequest  was  made. 


340  CONGRESSIONAL    PROCEEDINGS. 

Mr.  WOODBURY  expressed  some  surprise  that  his  amend- 
ment should  be  attacked  by  the  Senator  from  Massachusetts 
[Mr.  CHOATE]  as  anti-republican  or  anti-democratic.  Such 
an  attack  Irom  that  quarter  was,  in  any  view,  extraordinary  ; 
but  much  more  so,  when,  in  this  very  bill,  in  another  place, 
six  of  the  members  of  his  proposed  board  are  recommended 
by  him  to  be  appointed,  not  by  the  two  Houses  of  Congress 
or  their  committee,  but  three  by  the  Speaker  of  one,  and 
three  by  the  President  of  the  other,  without  any  appeal. 

But  Mr.  W.  feared  we  were  sliding  into  that  species  <.i 
political  debate  which,  in  a  case  like  this,  he  deprecated. 
This  was  not  a  struggle  for  victory  of  a  party  or  personal 
predilection,  but  to  execute  in  the  most  lit  and  becoming 
manner  a  sacred  trust  which  had  been  devolved  on  us  from 
abroad  rather  than  by  our  people. 

Some  gentlemen,  who  assail  the  proposed  amendment 
inadvertently  seem  to  suppose  it  is  a  contest  whether  Con- 
gress or  the  National  Institute  shall  control  the  Smithson 
fund;  whereas  no  such  question  exists.  The  same  control 
is  left  in  Congress,  if  the  amendment  is  adopted,  as  is  left 
in  it  by  the  bill  as  it  now  stands.  Indeed,  the  amendment 
increases  the  reserved  control  of  Congress  in  one  partieular 
through  the  constant  supervision  and  check  of  the  Library 
Committee  of  the  two  Houses  which  it  provides  for. 

After  the  amendment  is  adopted,  Congress  can,  at  any 
moment,  abolish  or  amend  the  whole  board — can  give  to  it 
any  special  instructions  by  resolution  or  act :  and  can,  by 
its  committee,  give  any  directions,  which  by  this  very 
amendment  are  to  be  enforced  by  the  board  and  institute, 
rather  than  either  of  them  being  made  independent  ot 
Congress. 

It  seems,  also,  to  be  apprehended  by  some  gentlemen, 
that  the  National  Institute  is  to  have  a  great  donation  of 
property,  as  well  as  power,  by  this  amendment;  when,  in 
truth,  no  power  is  bestowed  except  conditionally,  and  which 
is  not  kept  constantly  under  the  control  of  Congress;  and 
not  a  dollar  of  property,  directly  or  indirectly, "is  given  to 
the  institute. 

Indeed,  no  property  is  given  to  the  institute  or  anybody 
else.  The  library,  buildings,  &c.,  all  remain  in  Congress  as 
trustee  ^for  the  fund.  The  board  of  managers,  including 
the  institute,  are  mere  executive  or  ministerial  agents  to 
carry  out  our  directions,  and  own  no  more  of  the  property 
itself,  than  the  captain  in  the  navy  owns  of  the  ship-of-war 
in  his  charge.  It  is  rather  a  burden  imposed  on  the  board 
and  institute — as  they  not  only  acquire  no  property,  but 


TWENTY-EIGHTH    CONGRESS,    1843-45.  841 

their  services,  which  have  so  long  and  decidedly  been  given 
to  letters  and  science  without  any  pay,  are  all,  by  my 
amendment,  to  continue  to  he  gratuitous. 

The  difficulty  will  be  rather  in  getting  gentlemen  of  suit- 
able character  to  devote  their  time  at  all  to  this  subject 
under  these  circumstances,  than  in  preventing  them  from 
profiting  in  a  pecuniary  point  of  view.  It  is  this  appre- 
hended difficulty  which  will,  in  part,  be  removed  by  taking 
more  managers  resident  here,  who  can  attend  to  the  busi- 
ness in  rotation  or  otherwise,  at  less  inconvenience  and  loss 
than  those  from  a  distance. 

Again  :  it  is  said  that  the  form  of  a  resolution  in  elections 
avoids  any  dispute.  How  so  ?  Suppose  that  the  gentleman 
named  in  the  bill  from  Ohio  was  moved  to  be  stricken  out, 
and  that  of  the  member  of  the  Library  Committee  from 
Ohio  be  substituted,  [Mr.  TAPPAN,]  (as  seemed  to  Mr.  W. 
proper ;)  might  it  not  give  rise  to  debate  as  to  their  respect- 
ive characters  and  fitness  ?  So  of  every  other  member  pro- 
posed, though  all  doubtless  were  very  suitable  men. 

Other  gentlemen  seem  to  fear  an  abuse  of  the  trust  by 
these  agents  under  the  amendment,  when  the  very  object 
and  terms  of  it  are  to  increase  the  guards  against  abuse, 
through  one  of  our  own  committees,  and  its  supervision 
and  regulations  ;  and  when  the  position  of  the  institute  and 
board  under  it,  instead  of  being  antagonist  to  Congress,  or 
independent  of  it,  is  made  to  be  in  more  entire  subordina- 
tion to  it.  and  is  hemmed  around  by  stronger  safeguards 
against  any  possible  departure  from  its  commands  or  wishes. 
He  was  anxious  that,  while  the  Smithson  fund  came  from  a 
stranger  and  abroad,  rather  than  from  among  ourselves,  and 
hence  gave  no  cause  for  national  pride  or  boasting,  but  rather 
was  mortifying  to  our  own  backwardness  in  such  an  object, 
we  should  at  least  be  vigilant  over  its  use,  remedy  defects  as 
to  its  efficiency — which  we  may  by  this  amendment — and 
add  something  to  our  national  character  by  the  appropriate 
manner  of  managing  the  whole  trust,  though,  unfortunately, 
we  have  had  no  Tot  nor  part  in  creating  it,  or  liberally  add- 
ing to  it. 

Mr.  BUCHANAN  observed  that  he  had  but  very  few  words 
to  say  on  this  subject,  According  to  the  will  of  the  donor, 
this  fund  was  to  be  distributed  for  the  "  increase  and  diffu- 
sion of  knowledge  among  men."  Considering  our  peculiar 
position  in  the  District  of  Columbia,  he  (Mr.  B.)  had  arrived 
at  the  conclusion  that  the  best  mode  of  distributing  this 
fund  was  by  the  purchase  of  a  great  library.  Indeed,  he 
could  imagine  no  other.  If  (said  Mr.  B.)  you  attempt  to 


342  CONGRESSIONAL    PROCEEDINGS. 

establish  a  literary  institution  here,  with  the  great  expense 
attendant  upon  living  in  this  District,  and  from  other  causes 
which  I  need  not  enumerate,  this  fund  in  its  benefits  would 
be  confined  to  a  very  small  portion  of  the  people  of  this 
country.  From  the  very  nature  of  our  Government,  and 
the  condition  of  the  people  of  this  country,  we  could  never 
expect  to  erect  in  our  day  a  library  to  compare  with  the 
great  European  libraries,  except  by  the  application  of  this 
fund  to  that  purpose.  It  was  impossible,  everybody  knew, 
for  any  of  our  citizens  who  proposed  to  write  a  history,  or 
any  other  work  that  required  an  examination  into  ancient 
books  and  authorities,  to  do  so  without  going  to  Europe  for 
that  purpose.  Now,  he  believed  that  an  extensive  library 
in  which  all  the  means  of  human  knowledge  should  be  col- 
lected, and  in  which  they  should  be  equally  open  to  all  the 
citizens  of  this  country,  was  the  very  best  mode  in  which  to 
apply  the  money  so  liberally  bequeathed  by  Mr.  Smithson 
for  the  "  increase  and  diffusion  of  knowledge  among  men." 
He  was  clearly  of  that  opinion ;  but  he  had  no  idea  of  i unk- 
ing a  speech  upon  the  subject.  The  question  now  before 
the  Senate  resolved  itself  into  a  very  simple  proposition  ; 
and  that  was,  Shall  Congress  retain  and  direct  the  imme- 
diate and  efficient  control  of  this  fund,  and  of  its  applica- 
tion, or  shall  it  be  administered  through  the  agency  of  the 
National  Institute?  That  was  the  question;  and  on  the 
decision  of  the  question  his  own  vote  might  depend.  Xow, 
he  entertained  all  proper  respect  for  the  members  of  this 
institute,  and  he  believed  it  had  been  already  instrumental 
in  diffusing  knowledge  among  men  ;  but  he  thought  Con- 
gress was  bound  to  keep  the  application  of  this  fund  distinct 
from  that,  or  any  other  literary  incorporated  body.  What 
was  proposed  by  his  honorable  friend  from  New  Hampshire 
[Mr.  WOODBURY]  in  the  amendment  under  consideration  ? 
Why,  to  connect  the  National  Institute  with  the  Smithso- 
nian library — to  form  a  sort  of  partnership  between  the 
two.  The  National  Institute  is  to  hold  its  meetings  in  a 
room  in^the  building  to  be  erected  for  the  use  of  the  Smith- 
sonian library.  This  was  in  the  printed  amendment,  and 
would  be  the  inevitable  consequence  of  intrusting  the  man- 
agement of  this  fund  to  that  institute.  In  a  great  national 
institution  like  the  Smithsonian  library,  calculated  for  the 
benefit  of  the  whole  people  of  the  country,  he  desired  to 
keep  it  clear,  or  detach  it  and  keep  it  distinct  from  the 
National  Institute,  or  any  other  literary  corporation  what- 
ever. Congress  ought  to  take  upon  itself  the  immediate 


TWENTY-EIGHTH    CONGRESS,    1843-45.  343 

control  of  this  library.  It  would  never  succeed,  unless  this 
course  should  be  pursued. 

For  one,  he  was  not  acquainted  with  the  rules  of  the 
National  Institute,  and  he  did  not  know  in  what  manner 
the  managers  of  that  institute  were  elected ;  but  the  pro- 
posed amendment  placed  the  direction  and  supervision 
of  the  library  in  the  hands  of  managers  not  elected  by 
Congress,  not  responsible  to  Congress,  and  over  whom  the 
people  of  this  country,  by  their  representatives,  could  have 
no  control  whatever.  Congress  was  undoubtedly  capable 
of  administering  this  fund  without  the  aid  of  the  National 
Institute ;  and  it  was  their  duty  to  do  so. 

Without,  therefore,  troubling  the  Senate  with  any  further 
observations,  he  should  certainly  go  for  separating  the  ope- 
rations of  this  library  from  those  of  the  National  institute; 
wishing  and  hoping  that  that  institute  might  have  all  the 
success  which  he  believed  it  so  well  deserved ;  and  if  it 
should  be  made  a  rival  in  disseminating  knowledge  among 
men  with  the  library,  well  and  good.  The  more  knowledge 
communicated,  the  better  for  the  people  of  this  country. 
He,  therefore,  should  vote  against  the  amendment  of  the 
honorable  Senator  from  New  Hampshire,  [Mr.  WOODBURY,] 
and,  although  there  were  some  provisions  in  the  bill  to 
which  he  might  object,  he  would  vote  for  it,  nevertheless, 
should  it  remain  substantially  as  it  came  from  the  Commit- 
tee on  the  Library. 

Mr.  ALLEN  said  he  should  vote  against  this  or  any  other 
proposition  whatever,  contemplating  a  connection  of  any- 
thing called  an  institution  with  the  public  Treasury  of  the 
country,  in  any  form  or  shape.  This  title,  "National  In- 
stitute/' sounded  large,  and  at  a  distance  was  calculated  to 
produce  a  great  impression  upon  the  public  mind.  What 
was  it?  Some  years  ago  a  few  gentlemen  of  this  city  got 
together  and  concluded  to  form  a  literary  and  scientific 
association  among  themselves.  Well,  that  thing  has  been 
done  in  every  city,  and  in  most  of  the  villages  and  towns 
of  the  United  States,  from  little  debating  societies  com- 
posed of  young  men,  up  to  literary  associations  composed 
of  gray-headed  men.  All  of  these  associations,  of  which 
there  arc  so  many  in  this  country,  were  like  that  in  the  city 
of  Washington,  formed  in  the  same  way,  and  were  mere 
voluntary  associations  of  man  with  man.  But  this  associa- 
tion in  ^Washington  city,  finding  a  Capitol  here  and  a 
public  Treasury  here,  called  itself  a  National  Institute ; 
and,  in  order  to  legalize  its  claim  to  that  pompous  title,  it 
asked  Congress  to  give  it  a  corporate  existence  by  a  solemn 


344  CONGRESSIONAL  PROCEEDINGS. 

law.  After  they  got  associated  in  the  public  mind  the  idoji 
•of  its  nationality,  they  succeeded  in  getting  a  law  passed 
giving  it  a  legal  existence  and  then  they  began  to  enter  into 
the  organization,  and  to  claim  a  part  in  the  administration 
-of  the  Government.  That  institute  came  here  with  the 
very  instinct  of  all  corporations,  to  get  its  hands  into  the 
public  Treasury  of  the  country,  by  a  process  of  induction. 
It  proceeded  with  that  modesty  and  imposing  humility 
which  characterize  the  movements  of  all  corporations.  It 
began  by  obtaining  the  temporary  charge  of  objects  of  sci- 
ence belonging  to  the  Government;  and  being  intrusted 
with  the  custody  of  that  part  of  the  public  property,  which 
resulted  from  the  exploring  expedition,  there  was  a  motion 
made  towards  the  public  Treasury.  Having  proceeded  so 
far,  it  proceeded  a  few  years  after,  to  ask  Congress  to  pay 
it  moneys  out  of  the  public  Treasury  ;  and  for  what?  Km- 
its  care  of  these  very  articles  of  public  property,  which,  as 
a  favor  of  the  Government,  it  had  asked  to  be  intrusted 
with  the  care  of. 

The  Senate,  which  sat  here  for  its  constituents,  was  nev- 
ertheless so  unjust,  in  his  judgment,  as  to  tempt  this  corpo- 
ration to  its  present  advances  by  the  fatal  step  of  making 
for  it  a  public  office,  and  paying  it  $5,000  for  the  favor 
which  the  institution  had  asked,  in  the  privilege  of  taking 
care  of  the  articles  resulting  from  the*  exploring  expedition. 
He  opposed  that  bill  at  the  time  it  was  upon  its  passage 
through  the  Senate ;  and  he  then  said — what  was  now  seen 
— that  the  attraction  of  this  corporation  was  towards  the 
public  Treasury. 

We  are  now  intrusted  with  a  fund  of  some  half  a  million 
of  dollars.  It  is  intrusted  to  the  care  of  the  Congress  of 
the  United  States;  whether  by  the  constitution  or  by  Mr. 
Smithson,  it  is  now  immaterial.  The  money  is  obtained ; 
and  the  question  is  decided  that  Mr.  Smithson  could  extend 
the  limits  of  the  constitution  by  a  request  in  his  will,  and 
place  at  the  disposal  of  Congress  moneys  for  objects  which 
the  constitution  knows  not.  You  got  the  money  ;  it  is  now 
in  the  public  Treasury,  or  ought  to  be ;  and  was  as  much 
subject  to  the  constitutional  action  of  Congress  as  any  other 
moneys  of  the  Treasury ;  and  for  that  action  alone,  and  in 
the  name  of  the  Smithsonian  Institution,  this  National  In- 
stitute comes  here  to  ask  Congress  to  give  it  the  exclusive 
administration  of  half  a  million  of  "the  public  money. 
This  could  be  answered  by  the  general  charge  that  no 
moneys  ought  to  be  drawn  out  of  the  public  Treasury  ex- 
cept by  the  appropriation  of  law,  and  that  Congress  has  no 


TWENTY-EIGHTH    CONGRESS,    1843-45.  345 

right  to  intrust  the  administration  of  the  public  funds  to 
any  functionary  of  this  Government,  much  less  to  an  irre- 
sponsible agent,  unknown  to  the  constitution  of  the  United 
States,  calling  itself  a  National  Institute.  If  we  had  a 
right,  he  would  be  opposed  to  this  bill,  for  he  could  say 
that,  within  his  reading  and  his  observation,  he  had  never 
known  a  single  instance  of  a  fund  of  money,  charitable  or 
otherwise,  being  intrusted  to  the  care  of  an  incorporated 
body  of  men,  that  was  not  squandered,  and  made  to  fall 
short  of  the  object  of  the  donor.  It  was  the  instinct  of 
these  machines  called  corporations;  and  it  was  impossible 
for  it  to  be  otherwise.  Intrust  this  corporation  with  the 
administration  of  this  fund,  and  it  would  be  just  as  much 
throwing  it  away  as  to  throw  it  into  the -mud-banks  of  the 
Potomac.  All  these  corporations  are  filled  with  law7 — they 
are  but  the  incorporation  of  laws;  and  never,  without  an 
exception,  either  in  English  history  or  ours,  with  regard  to 
the  administration  by  corporations,  was  there  an  instance 
where  the  corporation  had  not  consumed  the  fund  or  squan- 
dered it  away,  and  caused  it  to  fall  short  of  the  object  of 
the  donor.  The  Girard  folly  in  Philadelphia  was  an  in- 
stance of  this  fact.  There  might  be  found  thousands  of 
instances  in  the  reports  made  to  the  British  Parliament  by 
those  charged  with  the  investigation  of  these  subjects ;  and 
in  many  instances,  not 'only  the  income,  but  the  principal 
was  consumed  in  paying  the  administrators.  It  was  always 
so.  This  society  in  Washington  city,  which  calls  itself  a 
National  Institution,  has  no  more  right  to  the  direction  or 
control  of  this  fund  than  the  Wistar  Club  in  Philadelphia — 
an  institution  established  there  by  an  able  physician  of  that 
name — or  any  literary  society  in  the  East  or  West,  of  which 
there  were  great  numbers,  as  he  had  before  stated. 

It  is  said  that  this  fund  is  to  he  applied  in  the  District  of 
Columbia.  That  very  idea  gave  rise  to  the  origin  of  the 
National  Institute,  he  had  no  doubt.  Here  was  a  fund  to 
be  expended  here;  and  of  course  there  must  be  somebody 
to  receive  it,  and  what  so  handy  as  a  corporation  ?  What 
so  convenient  as  to  take  into  its  hands  a  fund  of  money 
which  has  to  be  expended  ?  What  so  convenient  as  a  cor- 
poration got  up  for  the  purpose  of  receiving  it  ?  And  what 
was  better  calculated  to  lead  Congress  into  their  object 
than  to  take  the  title  of  national  ?  National !  a  word  always 
dear  to  the  American  people — so  dear  that  many  an  inn, 
tavern,  and  eating  house,  throughout  the  country,  bore  the 
title,  and  he  believed  there  was  an  establishment  some- 
where in  town  here  which  bore  upon  its  sign  the  national 


346  CONGRESSIONAL    PROCEEDINGS. 

eating  house  !  Now,  as  to  the  formation  of  a  society  for  the- 
increase  and  diffusion  of  knowledge,  that  was  well  enough  ; 
but  he  did  not  want  to  see  these  things  take  a  literary  and 
scientific  name  for  the  purpose  of  thrusting  their  hands 
into  the  Treasury.  He  did  not  want  to  see  corporations  or 
men  under  high  sounding  titles,  and  professing  beneficial 
objects,  formed  in  this  capital  with  a  view  to  enter  into  the 
control  of  the  public  funds.  He  saw  no  reason  why  AVO 
should  not  give  the  control  of  this  fund  to  some  literary  in- 
stitution in  "Philadelphia  or  Boston,  with  as  much  propriety 
as  to  the  National  Institute. 

The  constitution  did  not  give  us  charge  of  the  mind  and 
genius  of  the  American  people.  It  was  the  privilege  of  a 
despot,  not  of  a  free  government,  to  control  the  mind  and 
direct  the  genius  of  the  people;  and  he  wished  to  see  no 
institution  for  that  purpose  established  in  the  capital  of  the 
United  States,  by  which  the  American  people  are  to  think, 
and  read,  and  speak.  Gentlemen  were  mistaken  if  they 
imagined  that,  because  such  institutions  exist  in  France 
and  other  parts  of  Europe,  they  were  doing  a  service  to  the 
American  people  in  undertaking  to  pursue  the  same  course 
in  this  country,  or  under  our  Government.  Our  Govern- 
ment is  the  creature  of  the  public  mind,  and  not  the  creator. 
In  Europe,  where  monarchies,  crowns,  and  thrones  sustain 
themselves  by  controlling  the  thoughts  of  the  people,  it  is- 
different;  but  our  Government  stands  upon  the  thoughts  of 
the  people,  and  is  controlled  by  them.  We  have  no  right 
to  presume  that  the  people  are  so  ignorant  that  we  ought  to 
legislate  for  enlightening  them.  We  are  here  to  receive 
their  instructions,  not  to  impart  instruction  to  them.  It  is 
no  part  of  our  duty  to  do  so.  It  is  presumption  in  us  to 
assume  the  duty. 

On  these  grounds,  and  others  which  Mr.  A.  enforced  with 
great ^  energy,  he  not  only  opposed  the  amendment,  but 
signified  his  intention  of  voting  against  the  whole  project. 

Mr.  WALKER  said  that,  on  this  occasion,  he  was  likely  to 
be  placed  in  a  small  minority.  In  relation  to  the  denunci- 
ation which  the  Senate  had  just  heard  upon  this  floor  of  the 
National  Institute,  and  the  charge  that  it  commenced  out 
of  a  desire  to  monopolize  the  Smithsonian  fund,  he  need 
only  to  say  that  it  commenced  long  before  that  fund  was 
received.  It  originated  with  a  distinguished  member  of 
the  cabinet  of  Mr.  Van  Buren,  now  in  honorable  retire- 
ment; and  from  no  individual  did  it  receive  more  encour- 
agement, or  stronger  marks  of  approbation,  than  from  ex- 
President  Van  Buren  himself,  by  numerous  valuable  pres- 


TWENTY-EIGHTH    CONGRESS,    1843-45.  847 

ents,  and  by  every  other  means  in  which  he  could  manifest 
his  regard.  He  (Mr.  WALKER)  thought,  therefore,  notwith- 
standing the  difference  of  opinion  between  his  friend  from 
Massachusetts  [Mr  CHOATE]  and  his  friend  from  New 
Hampshire,  [Mr.  WOODBURY,]  as  to  which  is  the  most  dem- 
ocratic— and  he  really  rejoiced  that  his  friend  from  Massa- 
chusetts was  claiming  to  be  democratic,  for  it  was  a  good 
symptom  of  the  progress  of  democracy — and,  notwithstand- 
ing all  that  was  said  by  his  friend  from  Ohio,  [Mr.  ALLEN,] 
he  was  bound  to  say  that  the  individuals  who  originated 
this  institution  were  eminently  democratic.  He  did  not  see 
that  the  amendment  offered  by  the  Senator  from  New 
Hampshire  proposed  that  the  National  Institute  should  have 
one  dollar  of  the  Smithsonian  fund,  or  of  any  fund  what- 
ever. He  believed  it  provides  that  the  whole  payments  to 
be  made  are  to  be  made  by  the  Treasury ;  and  that  all  the 
National  Institute  is  to  do,  as  regards  this  matter,  in  con- 
nection with  the  four  other  individuals  named,  is  to  be 
done  under  the  direction  of  a  committee  of  this  body,  and 
subject  every  year  to  the  modifications  and  regulations,  and 
subject  to  the  supervision  and  control,  of  the  Government 
of  the  United  States.  He  rejected  the  idea,  as  one  utterly 
erroneous,  that  the  amendment  of  the  Senator  from  New 
Hampshire  proposes  that  the  National  Institute  shall  take 
any  portion  of  this  fund,  or  that  it  proposes  even  that  it 
shall  have  the  administration  of  it.  It  is  not  to  receive  a 
solitary  dollar.  It  is  not  to  disburse  either  the  Smithsonian 
fund,  or  any  other  fund  whatever,  under  this  amendment. 
The  Smithsonian  fund  is  all  to  be  administered  by  the 
Treasury  Department— to  be  paid  out  by  that  department; 
and  all  that  is  to  be  done  by  this  amendment  is,  to  provide 
that  there  may  be  some  supervision  of  these  drafts  before 
they  are  presented  to  the  Treasury  Department. 

He  should  really  like  to  know,  inasmuch  as  there  was  to 
be  a  discussion  here  upon  politics  generally,  which  of  the 
two  is  the  more  democratic — the  Smithsonian  Institution, 
or  the  National  Institute  ?  The  Smithsonian  Institution 
originated  from  an  individual  in  England,  entirely  foreign 
— the  very  name  is  foreign.  How  was  it  with  the  National 
Institute?  It  sprang  from  the  people.  It  bears  a  name 
that  is  dear  to  the  people ;  and  it  has  received  the  manifest 
encouragement  of  the  people  of  the  United  States.  He 
spoke  now  not  merely  of  the  colleges  scattered  all  over  the 
Union  that  had  contributed  to  its  aid  and  support.  He 
spoke  not  merely  of  the  scientific  men  who  assembled  at 
this  Capitol  not  long  since,  and  gave  it  their  encouragement 


348  CONGRESSIONAL    PROCEEDINGS. 

and  support;  but  he  spoke  of  the  people  in  the  humblest 
walks  of  life,  scattered  all  over  this  Union — residing  in 
every  State  of  the  Union — who,  from  year  to  year,  and 
month  to  month,  had  forwarded  presents.  And  why  is  it 
that  this  institute  is  dear  to  the  American  people  ?  Because 
it  is  national — because  it  is  American.  They  wish  to  see  an 
institution  here  bearing  the  name  of  the  nation,  which 
shall  give  to  the  United  States  the  same  happy  range  in 
science  that  this  Government  has  done  in  political  affairs. 

And  let  him  tell  gentlemen  that  an  institution  that  is 
merely  called  Smithsonian  can  never  concentrate  in  the 
same  degree  the  affections  and  confidence  of  the  American 
people.  Still  he  admitted  that  it  must  be  called  the  Smith- 
sonian Institution,  nor  did  he  propose  that  it  should  be 
called  by  any  other  name.  But  the  question  was,  whether 
the  individuals  who  were  named  in  the  bill  now  under  con- 
sideration, as  regarded  the  Smithsonian  Institution,  would 
better  carry  out  the  object  of  Mr.  Smithson  than  the 
National  Institute.  It  was  a  mere  difference  of  opinion  as 
to  how  the  fund  could  be  best  administered.  But  if  there 
was  any  objection  to  a  corporation,  would  not  the  Smith- 
sonian Institution  be  a  corporation  ?  He  was  sure  his 
honorable  friend  from  Massachusetts  [Mr.  CIIOATE]  would 
not  deny  that  it  was  at  least  what  was  in  law  called  a  quasi 
corporation;  and  he  supposed  his  honorable  friend  from 
Ohio  [Mr.  ALLEN]  would  admit  that  it  would  not  be  more 
democratic  by  making  it  a  quasi  corporation.  He  supposed 
it  could  institute  suits  and  legal  proceedings.  Who  are  the 
persons  that  would  have  charge  of  this,  under  the  National 
Institute  ?  Who  are  the  directors  ?  There  was  the  Presi- 
dent of  the  United  States.  Was  not  that  democratic  ?  Is 
he  not  the  only  man  in  our  Government  who  is  elected  by 
the  whole  people  of  the  whole  Union  ?  And  who,  together 
with  him  constitute  a  majority  of  the  directors  ?  Why,  the 
cabinet,  deriving  their  appointment  directly  and  immediately 
from  the  Chief  Magistrate,  who  is  himself  the  chosen  of 
the  whole  American  people.  Was  that  less  democratic  than 
committing  the  administration  of  this  fund  to  those  intrusted 
with  it  in  the  bill  ?.  He  thought,  so  far  as  the  democracy  of 
the  thing  was  concerned,  that  the  administration  of  this  fund 
by  the  National  Institute  was  quite  as  democratic  as  it  could 
be  by  any  other  mode. 

_  But  those  who  have  charge  of  this  fund  under  the  Na- 
tional Institute  will  be  always  here.  They  are  to  contribute 
their  valuable  services  and  time  to  the  administration  of  this 
fund,  and  -they  are  not  to  receive  one  solitary  dollar  for  those 


TWENTY-EIGHTH    CONGRESS,    1843-45. 

services.  He  believed  that  by  committing  to  this  institute 
the  administration  of  this  fund,  two  main  objects  would  be 
accomplished.  In  the  first  place,  it  would  best  accomplish 
the  intention  of  the  donor;  and,  in  the  second,  he  believed 
it  would  also  give  additional  permanency  to,  and  aid  the  Na- 
tional Institute.  Therefore,  notwithstanding  the  denuncia- 
tion of  his  friend  from  Ohio,  [Mr.  ALLEN,]  and  notwith- 
standing the  honorable  Senator  from  Massachusetts  [Mr. 
CHOATE]  considered  his  plan  much  the  best,  and  much  the 
more  democratic,  he  [Mr.  WALKER]  should  feel  himself 
constrained  to  vote,  in  a  small  minority  he  supposed,  for 
the  amendment  proposed  by  his  honorable  friend  from  New 
Hampshire,  [Mr.  WOODBURY.] 

Mr.  FOSTER  of  New  York  rose  not  to  discuss  the  measure, 
but  to  suggest  what  appeared  to  him  to  be  a  deficiency  in 
the  bill,  namely,  the  want  of  some  provision  for  the  perma- 
nency of  the  system  of  management  which  experience 
should  prove  to  be  best.  In  the  proper  time  he  would  sub- 
mit an  amendment,  the  object  of  which  would  be  that  there 
should  be  only  one  of  the  seven  additional  members  over 
the  ex  officio  members  elected  annually  ;  so  that  in  the  course 
of  time  each  would  serve  seven  years. 

Mr.  HUNTINGTON  opposed  the  amendment  of  the  Senator 
from  New  Hampshire. 

The  amendment  to  the  amendment  was  rejected. 

Mr.  FOSTER  of  New  York  now  submitted  his  amendment, 
as  follows : 

"And  Jared  P.  Kirtland  of  Ohio,  Richard  Henry  Wilde  of  Louisiana, 
George  Tucker  of  Virginia,  George  Bancroft  of  Massachusetts,  Henry  King 
of  Missouri,  and  Joseph  G.  Totten  and  Alex.  Dallas  Bache,  members  of  the 
National  Institute,  resident  in  Washington  city,  be  the  other  seven  mem- 
bers, who  shall,  by  lot,  fix  the  term  of  their  office,  so  that  the  term  of  one 
of  them  shall  expire  in  one  year ;  of  another,  in  two  years ;  of  another,  in 
three  years ;  of  another,  in  four  years  ;  of  another,  in  five  years  ;  of  an- 
other, in  six  years  ;  and  of  the  other,  in  seven  years  from  the  first  day  of 
December  next,  after  the  passage  of  this  act.  And  any  vacancy  happening 
otherwise  than  by  the  expiration  of  the  term,  shall  be  filled  for  the  remain- 
der of  the  term  on  the  fourth  Wednesday  of  December  next,  after  the 
vacancy  occurs." 

Mr.  F.  urged  at  some  length  the  propriety  of  this  pro- 
vision. 

Mr.  TAPPAN  opposed  the  provision  as  unnecessary,  as  there 
could  be  no  doubt  of  the  re-election  of  such  members  as 
proved  by  their  services  to  be  most  valuable  to  the  institu- 

Mr.  CHOATE  pointed  out  how  much  better  it  would  be  for 
the  interests  of  the  institution  to  have  short  terms  of  elec- 
tion, as  that  would  stimulate  managers,  who  would  feel  their 


350  CONGRESSIONAL    PROCEEDINGS. 

.ambition  excited  by  the  honor  of  their  trust,  to  exertions 
worthy  of  their  re-election. 

The  amendment  to  the  amendment  was  rejected. 

Mr.  ALLEN  moved  to  strike  out  the  words  "  members  of 
the  National  Institute,"  by  which  two  of  the  nominees  in 
the  bill  were  designated. 

The  amendment  was  rejected. 

On  motion  by  Mr.  CHOATE,  the  fourth  Wednesday  in  De- 
cember, in  the  bill,  was  changed  to  the  third  Wednesday  in 
December,  lest  sometimes  the  fourth  Wednesday  might  lull 
on  Christmas  day. 

Mr.  WOODBURY  withdrew  the  printed  amendments  he4  had 
on  a  former  day  offered,  the  necessity  for  them  having  been 
obviated  by  alterations  in  the  bill. 

The  amendment  of  the  substitute,  as  amended,  was  then 
adopted,  and  the  bill  was  reported  back  to  the  Senate. 

Mr.  BERRIEN,  before  the  bill  was  allowed  to  pass  the  stage 
of  amendment,  suggested  the  necessity  of  considering 
whether  a  section  would  not  be  necessary,  authorizing  the 
institution,  in  respect  to  the  property  it  would  possess  by 
the  grant  of  the  public  grounds,  to  sue  and  be  sued.  It 
might  be  a  question  whether  the  Government  would  be  the 
ostensible  party  in  a  suit. 

Mr.  CHOATE  conceived  the  property  in  the  ground  would 
:still  vest  in  the  Government ;  but,  for  the  purpose  of  having 
time  to  add  a  small  section,  to  avoid  any  possible  difficulty, 
he  would  have  no  objection  to  passing  over  the  bill  inform- 
ally till  to-morrow. 

•     The  amendments  made  in  committee  of  the  whole  were 
then  concurred  in, 

SENATE,  January  22,  1845. 

The  Senate  resumed  the  consideration  of  the  bill  S.  18, 
and  having  been  further  amended,  it  was  ordered  to  be 
engrossed  and  read  a  third  time. 

SENATE,  January  23,  1845. 
The  bill  S.  18  was  read  a  third  time  and  passed. 

SENATE,  March  3,  1845. 

A  joint  resolution  (No.  14)  was  signed  by  the  President : 
"  That  whenever  any  State  shall  have  been,  or  may  be,  in 
default  for  the  payment  of  interest  or  principal  on  invest- 
ments in  its  stocks  or  bonds,  held  by  the  United  States  in 
trust,  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury 


TWENTY-EIGHTH    CONGRESS,    1843-45.  351 

to  retain  the  whole,  or  so  much  thereof  as  may  be  necessary, 
of  the  percentage  to  which  such  State  may  be  entitled,  of 
the  proceeds  of  the  sales  of  the  public  lands  within  its 
limits,  and  apply  the  same  to  the  payment  of  said  interest 
or  principal,  or  to  the  reimbursement  of  any  sums  of  money 
expended  by  the  United  States  for  that  purpose." 

This  had  reference  to  the  States  in  which  the  Smithson 
fund  had  been  invested. 


PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 
HOUSE  OF  REPRESENTATIVES,  January  27,  1845. 

Message  from  the  Senate  that  a  bill  (S.  18)  to  establish 
the  Smithsonian  Institution  had  passed. 

Mr.  BURKE  asked  the  unanimous  consent  of  the  House  to 
refer  this  bill  to  the  Committee  of  the  Whole  on  the  state 
of  the  Union,  but  objection  was  made. 

HOUSE  OF  REPRESENTATIVES,  January  28,  1845. 

On  motion  of  Mr.  BURKE,  bill  S.  18  was  read  a  first  and 
second  time,  committed  to  the  Committee  of  the  Whole, 
and  ordered  to  be  printed. 

HOUSE  OF  REPRESENTATIVES,  February  10,  1845. 

Mr.  OWEN  submitted  an  amendment  to,  or  substitute  for, 
S.  18;  which  was  committed  to  the  Committee  of  the 
Whole,  and  ordered  to  be  printed. 

On  motion  by  Mr.  OWEN,  the  committee  took  up  the  bill 
to  establish  the  Smithsonian  Institution,  and,  after  some 
remarks  from  Mr.  Adams,  Mr.  Owen,  and  others,  Mr. 
ADAMS  moved  that  the  bill  be  laid  aside ;  which  was  agreed 
to. 

HOUSE  OF  REPRESENTATIVES,  March  3,  1845. 
Mr.  BURKE  offered  the  following  resolution  : 

Resolved,  That  all  debate  in  the  Committee  of  the  Whole  House  on  the 
state  of  the  Union  on  Senate  bill  (No.  18)  to  establish  the  Smithsonian 
Institution,  shall  cease  in  ten  minutes  after  the  same  shall  be  again  taken 
up  in  committee,  (if  the  committee  shall  not  sooner  come  to  a  conclusion 
upon  the  same;)  and  the  committee  shall  then  proceed  to  vote  on  such 
amendments  as  may  be  pending,  or  offered  to  the  same,  and  shall  then 
report  it  to  the  House  with  such  amendments  as  may  have  been  agreed  to 
l>y  the  committee. 

The  resolution  was  read ;  when  Mr.  GEORGE  W.  JONES 
moved  that  it  be  laid  upon  the  table. 


.352  CONGRESSIONAL    PROCEEDINGS. 

And  the  question  being  put,  it  was  decided  in  the  affirm- 
ative— yeas,  83 ;  nays,  52. 

The  yeas  and  nays  being  desired  by  one-fifth  of  the  mem- 
bers present,  those  who  voted  in  the  affirmative  are— 

YEAS — Messrs.  Adams,  Arrington,  Barringer,  Belser,  Benton,  Bidlack, 
James  A.  Black,  Bowlin,  Boyd,  Brengle,  Hrodhead,  Jeremiah  Brown. 
Caldwell,  Carpenter,  Shepherd"  Gary,  Carroll,  Causin,  Rrubi'ii  Chapman, 
Augustus  A.  Chapman,  Chappell,  Clinch,  Clinton,  Cobb,  Coles,  Cranston, 
Cullom,  Darragh,  Dawson,  Dickey,  Dunlap,  Ficklin,  Fish,  Grinnell,  Ham- 
mett,  Henley,  Hoge,  Hopkins,  Houston,  Hubard,  Hubbell,  Hudson,  Hung- 
erford,  Washington  Hunt,  Irvin,  Jenks,  Cavo  Johnson,  Perley  B.  Johnson, 
George  W.  Jones,  Preston  King,  Lumnkin,  Mcllvaine,  Isaac  E.  Morse, 
Moseley,  Norris,  Parmenter,  Payne,  Phoenix,  Pratt,  Purdy,  Rathbun, 
Reding,  Relfc,  Rhett,  Hitter,  Robinson,  Rogers,  Russell,  Severance,  Simons, 
Slidelf,  Thomas  Smith,  Sykes,  Taylor,  Thomasson,  Thompson,  Tilden, 
Tucker,  Tyler,  Wethered,  Benjamin  White,  Williams,  William  Wright, 
Yost. 

Those  who  voted  in  the  negative  are — 

NAYS— Messrs.  Abbott,  Bayly,  Edward  J.  Black,  Bower,  Brinkcrholl', 
Aaron  V.  Brown,  Burke,  Catlin,  Chilton,  Clingman,  Collamrr,  Cn»s, 
Dana,  Daniel,  Richard  D.  Davis,  Dellet,  Dillingham,  Dromgoolo,  Font, 
Foster,  French,  Hamlin,  Harper,  Andrew  Kennedy,  D.  P.  King,  Leonard, 
Lucas,  Maclay,  McClelland,  McDowell,  McKay,  Marsh,  Edward  Joy 
Morris,  Newton,  Owen,  Paterson,  Emery  D.  Potter,  David  S.  Reid,  Rock- 
well, St  John,  Sample,  Saunders,  Thomas  H.  Seymour,  Albert  Smith, 
Robert  Smith,  Steenrod,  Andrew  Stewart,  John  Stewart,  Stiles,  Alfred  P. 
Stone,  Vinton,  Winthrop. 


PROCEEDINGS  IN  THE  SENATE. 
SENATE,  April  30,  1846. 

Message  from  the  House  of  Representatives  that  bill  H. 
R.  5  had  been  passed.  The  bill  was  read  the  first  and  second 
times  by  unanimous  consent,  and,  on  motion  of  Mr.  LEWIS, 
it  was  referred  to  a  select  committee  of  three  members  ap- 
pointed by  the  President  of  the  Senate.  Mr.  Dix,  Mr. 
Corwin,  and  Mr.  Lewis  were  appointed. 

SENATE,  May  21,  1846. 

Mr.  Dix  presented  a  memorial  of  citizens  of  Madison 
county,  New  York,  praying  the  adoption  of  a  plan  for  the 
establishment  of  the  Smithsonian  Institution ;  which  was 
referred  to  the  select  committee  on  the  subject. 

SENATE,  June  1,  1846. 

Mr.  Dix,  from  the  select  committee,  reported  II.  R,  5^ 
with  amendments;  which  were  ordered  to  be  printed. 


TWENTY-NINTH    CONGRESS,    1845-47.  353 

SENATE,  June  24,  1846. 

Mr.  DICKINSON  presented  the  proceedings  and  resolutions 
of  a  convention  of  county  superintendents  of  common 
schools,  held  at  Albany,  New  York. 

Ordered  to  lie  on  the  table,  and  be  printed. 

The  memorial  is  as  follows  : 

At  a  convention  of  county  superintendents  of  common  schools,  and 
friends  of  education  generally,  held  at  the  city  of  Albany,  in  the  State  of 
New  York,  on  the  12th,  13th,  14th,  and  15th  days  of  May  last,  the  follow- 
ing resolutions  offered  by  the  Hon.  Jabez  D.  Hammond,  of  the  county  of 
Otsego,  were  unanimously  adopted  : 

Resolved,  That  while  this  convention  are  impressed  with  profound  re- 
spect and  veneration  for  the  memory  of  the  late  James  Smithson,  of  Eng- 
land, and  gratitude  for  his  munificent  legacy  to  the  United  States,  made 
with  a  view  to  the  increase  and  diffusion  of  knowledge  among  men,  they 
cannot  suppress  their  deep  mortification  and  painful  regret  that  the  repre- 
sentatives of  the  people  of  these  United  States  should  have  suffered  a  fund 
created  for  such  noble  and  exalted  purposes  to  remain  so  long  unemployed  ; 
and  they  do  respectfully,  but  most  earnestly,  recommend  to  the  present 
Congress  to  adopt  such  measures  as  will  carry  into  immediate  effect  the 
benevolent  intentions  of  the  philanthropic  and  liberal  donor. 

Resolved,  That  a  copy  of  this  resolution,  signed  by  the  president  and 
secretaries,  be  forwarded  to  each  of  the  Senators  in  the  Senate  of  the  United 
States  from  the  State  of  New  York. 

SAMUEL  S.  KANDALL,  President. 

EDWARD  COOPER, 

"W.  PUTNAM,    • 

Secretaries. 

SENATE,  August  7,  1846. 

"  An  act  to  establish  the  Smithsonian  Institution  for  the 
increase  and  diffusion  of  knowledge  among  men,"  was 
passed  over  in  consequence  of  want  of  time  for  considera- 
tion. 

SENATE,  August  10,  1846. 

The  Senate  proceeded  to  consider  the  bill  (H.  R.  5)  to 
establish  the  Smithsonian  Institution  for  the  increase  and 
diffusion  of  knowledge  among  men,  together  with  the 
amendments  reported  thereto;  and  the  reported  amend- 
ments having  been  disagreed  to,  the  bill  was  reported  to  the 
Senate. 

Ordered  that  it  pass  to  a  third  reading.  The  said  bill 
was  read  a  third  time. 

On  the  question,  "  Shall  this  bill  pass  ? "  It  was  deter- 
mined in  the  affirmative — yeas,  26  ;  nays,  13. 

On  motion  by  Mr.  ALLEN,  the  yeas  and  nays  being  de- 
sired by  one-fifth  of  the  Senators  present, 

Those  who  voted  in  the  affirmative  are — 


354  CONGRESSIONAL    PROCEEDINGS. 

YEAS— Messrs.  Archer,  Atchison,  Barrow,  Berrien,  Cameron,  Cille}-T 
Thomas  Clayton,  John  M.  Clayton,  Corwin,  Davis,  Evans,  Greene,  Hous- 
ton, Huntinejton,  Jarnagin,  Johnson  of  Maryland,  Johnson  of  Louisiana, 
Lewis,  Mangum,  Miller,  Morehead,  Phelps,  Speight,  Sturgeon,  Upham, 
Webster. 

Those  who  voted  in  the  negative  are — 

NAYS— Messrs.  Allen,  Ashley,  Atherton,  Bagby,  Benton,  Calhoun, 
Dickinson,  Fairfield,  McDufBe,  Semple,  Turney,  Westcott,  Yulee. 

So  it  was  resolved  that  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Repre- 
sentatives accordingly. 

Mr.  EVANS  (by  unanimous  consent)  asked  and  obtained 
leave  to  bring  in  a  resolution  (S.  37)  appointing  regents  of 
the  Smithsonian  Institution ;  which  was  read  the  first  and 
second  times,  by  unanimous  consent,  and  considered  as  in 
Committee  of  the  Whole;  and  no  amendment  being  made, 
it  was  reported  to  the  Senate,  read  a  third  time,  and  passed. 

Ordered,  That  the  Secretary  request  the  concurrence  of 
the  House  of  Representatives  therein. 

Mr.  EVANS  submitted  the  following  resolution;  which 
was  considered,  by  unanimous  consent,  and  agreed  to  : 

Resolved,  (the  House  of  Representatives  concurring,)  That  the  sixteenth 
joint  rule  of  the  two  houses  be  suspended,  so  far  as  it  relates  to  a  resolution 
(S.  37)  appointing  regents  of  the  Smithsonian  Institution. 

The  President  signed  II.  R.  5,  an  act  to  establish  the 
Smithsonian  Institution,  and  S.  Res.  37  appointing  regents 
to  the  Smithsonian  Institution. 


PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  or  REPRESENTATIVES,  December  4,  1845. 

Mr.  OWEN  gave  notice  of  a  bill  to  establish  the  Smith- 
sonian Institution. 

HOUSE  OF  REPRESENTATIVES,  December  19,  1845. 

Mr.  Owen's  bill  (II.  R.  5)  was  read  a  first  and  second 
time,  and  referred  to  a  select  committee  of  seven  members, 
viz  :  Mr.  Owen,  Mr.  Jno.  Q.  Adams,  Mr.  Jenkins,  Mr. 
Marsh,  Mr.  Alex.  D.  Sims,  Mr.  Jeff.  Davis,  and  Mr.  Wilmot. 

HOUSE  OF  REPRESENTATIVES,  January  9,  1846. 

Mr.  OWEN,  from  the  select  committee,  reported  a  resolu- 
tion that  the  bill  referred  to  the  committee  be  printed ; 
agreed  to. 


TWENTY-NINTH     CONGRESS,    1845-47.  355 

HOUSE  OF  REPRESENTATIVES,  February  28,  1846. 

Mr.  OWEN,  from  the  select  committee  to  which  was  re- 
ferred the  bill  II.  R.  5,  reported  a  substitute  for  said  bill ; 
and  thereupon  Mr.  OWEN  offered  the  following  resolution  : 

Resolved,  That  this  report  be  printed  ;  that  the  substitute  herewith  re- 
ported be  referred  to  the  Committee  of  the  Whole  on  the  state  of  the 
Union,  and  be  printed  separately  in  the  form  of  a  bill ;  and  that  the  same 
be  made  the  special  order  of  the  day  for  the  second  Tuesday  in  April  next. 

Mr.  HOUSTON  called  for  a  division  of  the  question,  so  as 
to  take  a  separate  vote  on  the  proposal  to  make  it  the 
special  order  for  a  particular  day  ;  which  was  ordered. 

And  the  question  on  the  first  branch  of  the  resolution 
was  taken,  and  decided  in  the  affirmative. 

So  the  bill  was  referred  to  the  Committee  of  the  Whole 
on  the  state  of  the  Union. 

And  the  question  recurring  on  the  second  branch  of  the 
resolution, 

Mr.  OWEN  said  :  I  hope  the  House  will  suffer  me  to  say 
one  word  on  the  subject.  The  money  appropriated  by  this 
bill  has  been  in  our  Treasury  between  seven  and  eight  years ; 
and,  in  all  that  time,  not  a  dollar  of  it  has  been  used  in  ac- 
cordance with  the  will  of  the  testator.  We  cannot  suppose 
Congress  unwilling  to  act  in  such  a  matter.  It  has  hereto- 
fore failed,  because,  in  the  conflict  on  other  important  sub- 
jects, it  was  delayed,  and  remained  among  the  unfinished 
business.  This  will  again  be  its  fate,  unless  we  make  it  the 
special  order  for  some  day.  The  committee  put  it  off  until 
April.  If  even  that  be  too  early,  let  a  later  day  be  named. 
But,  at  all  events,  let  some  day  be  fixed  when  we  may  know 
that  the  subject  will  be  taken  up  ;  so  that  we  at  last  escape 
the  just  reproach  of  receiving  money  for  one  of  the  best 
purposes  on  earth,  and  then  doing  nothing  with  it. 

The  question  was  then  taken  on  the  second  branch  of  the 
resolution,  and  decided  in  the  affirmative — two-thirds  voting 
therefor. 

So  the  bill  was  made  the  special  order  of  the  day  for  the 
second  Tuesday  in  April  next. 

Mr.  OWEN,  from  the  select  committee  on  the  Smithsonian 
bequest,  made  the  following  report : 

The  select  committee  on  the  Smithsonian  bequest,  to 
whom  was  referred  House  bill  No.  5,  entitled  a  "  bill  to  es- 
tablish the  Smithsonian  Institution,  for  the  increase  and 
diffusion  of  knowledge  among  men,"  have  had  the  same 
under  consideration,  and  have  instructed  me  to  report  the 


356  CONGRESSIONAL    PROCEEDINGS. 

same  back  with  one  amendment.     The  bill,  as  it  was  re- 
ferred to  them,  reads  as  follows  : 

A  BILL  to  establish  the  "  Smithsonian  Institution,"  for  the  increase  and 
diffusion  of  knowledge  among  men. 

Whereas  James  Smithson,  Esquire,  of  London,  in  the  Kingdom  of  Groat 
Britain,  by  his  last  will  and  testament,  did  give  the  whole  of  his  property 
to  the  United  States  of  America,  to  found  at  Washington,  under  the  name 
of  the  Smithsonian  Institution,  an  establishment  for  the  increase  and  dif- 
fusion of  knowledge  among  men  ;  and  whereas  Congress  have  heretofore 
received  said  property  and  accepted  said  trust :  therefore,  that  the  same 
may  be  executed  in  good  faith,  and  according  to  the  will  of  the  liberal  and 
enlightened  donor — 

«  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  so  much  of  the  property  of 
the  said  James  Smithson  as  has  been  received  in  money,  and  paid  into  tb- 
Treasury  of  the  United  States,  being  the  sum  of  five  hundred  and  fifteen 
thousand  one  hundred  and  sixty-nine  dollars,  be  lent  to  the  United  State* 
Treasury,  at  six  per  cent,  per  annum  interest,  from  the  first  day  of  Septem- 
ber, in  the  year  one  thousand  eight  hundred  and  fchirty*eight,  when  tin- same 
was  received  into  the  said  Treasury,  and  that  so  much  of  the  iiit«Tot  sis  may 
have  accrued  on  said  sum  on  the  first  day  of  July  next,  which  will  amount 
to  the  sum  of  two  hundred  and  forty-two  thousand  one  hundred  and  twenty - 
nine  dollars,  or  so  much  thereof  as  shall  by  the  board  of  managers  of  tin- 
institution  established  by  this  act  be  deemed  necessary,  be,  and  the  same  is 
hereby,  appropriated  for  the  erection  of  suitable  buildings,  the  enclosing 
and  preparing  of  suitable  grounds,  and  for  other  current  incidental  expen- 
ses of  the  said  institution  ;"  and  that  six  per  cent,  interest  on  tin-  said  trust 
fund,  it  being  the  said  amount  of  five  hundred  and  fifteen  thousand  one 
hundred  and  sixty-nine  dollars,  received  into  the  United  States  Treasury, 
on  the  first  of  September,  one  thousand  eight  hundred  and  thirty-eight, 
payable,  in  half  yearly  payments,  on  the  first  of  January  and  July  in  each 
year,  be,  and  the  same  is  hereby,  appropriated  for  the  perpetual  maintenance 
and  support  of  said  institution;  and  all  expenditures  and  appropriations  to 
be  made,  from  time  to  time,  to  the  purposes  of  the  institution  aforesaid,  shall 
be  exclusively  from  the  accruing  interest,  and  not  from  the  principal  of  the 
said  fund. 

SEC.  2.  And  be  it  further  enacted,  That  the  business  of  the  said  institution 
shall  be  conducted  by  a  board  of  managers,  to  be  composed  of  the  Vice- 
President  of  the  United  States,  the  Chief  Justice  of  the  United  States, 
during  the  time  for  which  they  shall  hold  their  respective  offices  ;  three 
members  of  the  Senate  and  three  members  of  the  House  of  Representatives, 
together  with  seven  other  persons,  other  than  members  of  Congress,  two  of 
whom  shall  be  members  of  the  National  Institute  in  the  city  of  Washing- 
ton, and  resident  in  the  said  city ;  and  the  other  five  thereof  shall  be  in- 
habitants of  States,  and  no  two  of  them  of  the  same  State.  And  the  man- 
agers to  be  selected  as  aforesaid  from  Congress,  shall  be  appointed  immedi- 
ately after  the  passage  of  this  act — the'  members  of  the  Senate  by  the 
President  thereof,  and  the  members  of  the  House  by  the  Speaker  thereof; 
and  those  so  appointed  shall  serve  until  the  fourth  Wednesday  of  December, 
the  second  next  after  the  passage  of  this  act;  and  then,  and  biennially 
thereafter,  on  every  alternate  fourth  Wednesday  of  December,  a  like  number 
shall  be  appointed  in  the  same  manner,  to  serve  until  the  fourth  Wednesday 
of  December,  the  second  succeeding  their  appointment ;  and  they  shall  also 
constitute  and  be  denominated  a  joint  standing  committee  of  Congress  on 
the  Smithsonian  Institution  ;  and  vacancies  occasioned  by  death,  resigna- 
tion, or  otherwise,  shall  be  filled  as  vacancies  in  committees  are  filled  ;  and 
the  other  seven  managers  aforesaid  shall  serve  for  the  term  of  two  years 
from  the  fourth  Wednesday  of  December  next  after  the  passage  of  this  act ; 


TWENTY-NINTH    CONGRESS,    1845-47.  357 

when,  and  on  every  alternate  fourth  Wednesday  of  December  thereafter,  a 
new  election  thereof  shall  be  made  by  a  joint  resolution  of  Congress  ;  and 
vacancies  occasioned  by  death,  resignation,  or  otherwise,  may  be  filled  in 
like  manner  by  joint  resolution  of  Congress.  And  the  said  managers  shall 
meet  and  organize,  by  the  choice  of  a  president,  in  the  city  of  Wash- 
ington, on  the  first  Monday  in  September  next  after  the  passage  of  this 
act,  and  they  shall  then  fix  on  the  times  for  regular  meetings  of  the  board; 
and  on  application  of  any  three  of  the  managers  to  the  superintendent  of 
the  said  institution,  it  shall  be  his  duty  to  appoint  a  special  meetiug  of 
the  board,  of  which  he  shall  give  notice  by  letter  to  each  of  the  members; 
and  at  any  meeting  of  the  board  of  managers,  five  shall  constitute  a  quo- 
rum to  do  business.  And  each  member  of  the  board  of  managers  shall 
be  paid  his  necessary  traveling  and  other  actual  expenses  in  attending 
meetings  of  the  board,  which  shall  be  audited  and  recorded  by  the  superin- 
tendent of  the  institution  ;  but  his  service  as  manager  shall  be  gratuitous. 
And  whenever  money  is  required  for  the  payment  of  the  debts  or  perform- 
ance of  the  contracts  of  the  institution,  incurred  or  entered  into  in  con- 
formity with  the  provisions  of  this  act,  or  for  making  the  purchases  and 
executing  the  objects  authorized  by  this  act,  the  superintendent  or  the 
managers,  or  any  three  thereof,  may  certify  to  the  president  of  the  board 
that  such  sum  of  money  is  required  ;  whereupon,  he  shall  submit  the  same 
to  a  committee  of  three  of  the  managers  appointed  for  that  purpose  for  ex- 
amination and  approval;  and  upon  such  examination  and  approval,  he 
shall  certify  the  same  to  the  proper  officer  of  the  Treasury  for  payment. 
And  the  said  board  shall  make  all  needful  rules,  regulations,  and  by-laws, 
for  the  government  of  the  institution  and  the  persons  employed  therein,  and 
shall  submit  to  Congress,  at  each  session  thereof,  a  report  of  the  operations, 
expenditures,  and  condition  of  the  institution. 

SEC.  3.  And  be  it  further  enacted,  That  after  the  board  of  managers  shall 
have  met,  and  become  organized,  it  shall  be  their  duty  forthwith  to  proceed 
to  select  suitable  sites  for  such  buildings  as  may  be  necessary  for  the  institu- 
tion, and  suitable  ground  for  horticultural  and  agricultural  purposes  and 
experiments  ;  which  ground  may  be  taken  and  appropriated  out  of  that  part 
of  the  public  ground  in  the  city  of  Washington  called  the  Mall,  lying  west 
of  Seventh  street;  and  the  sites  and  grounds  so  selected  shall  be  set  out  by 
proper  metes  and  bounds,  and  a  description  of  the  same  shall  be  made  and 
recorded  in  a  book  to  be  provided  for  that  purpose,  and  signed  by  the  said 
managers,  or  so  many  of  them  as  may  be  convened  at  the  time  of  their 
said  organization  ;  and  such  record,  or  a  copy  thereof,  certified  by  the  pres- 
ident of  the  board  of  managers,  shall  be  received  in  evidence  in  all  courts 
-nf  the  extent  and  boundaries  of  the  lands  appropriated  to  the  said  institu- 
tion ;  and  upon  the  making  of  such  record,  such  sites  and  lands  shall  be 
deemed  and  taken  to  be  appropriated  by  force  of  this  act  to  the  said  insti- 
tution. 

SEC.  4.  And  be  it  further  enacted,  That,  so  soon  as  the  board  of  managers 
shall  have  selected  the  site  for  the  buildings  of  the  institution ,  they  shall  cause 
to  be  erected  a  suitable  building,  of  plain  and  durable  materials  and  struct- 
-ure,  without  unnecessary  ornament,  and  of  sufficient  size,  and  with  suitable 
rooms  or  halls  for  the  reception  and  arrangement,  upon  a  liberal  scale,  of 
objects  of  natural  history,  including  a  geological  and  mineralogical  cabinet ; 
also  a  chemical  laboratory,  a  library,  and  the  necessary  lecture  rooms ;  and 
the  said  board  shall  have  authority,  by  themselves,  or  by  a  committee  of 
three  of  their  members,  to  contract  for  the  completion  of  such  building, 
upon  such  plan  as  may  be  directed  by  the  board  of  managers,  and  shall 
taUo  sufficient  security  to  the  Treasurer  of  the  United  States  for  the  building 
and  finishing  the  same  according  to  the  said  plan,  and  in  the  time  stipulated 
in  such  contract.  And  the  board  of  managers  shall  also  cause  the  grounds 
selected  for  horticultural  and  agricultural  purposes  to  be  enclosed  and  se- 
cured, and  suitable  buildings  erected,  to  preserve  such  plants  as  will  not 
.bear  exposure  to  the  weather  at  all  seasons  ;  and  so  soon  as  it  may  be  neces- 


358  CONGRESSIONAL    PROCEEDINGS. 

sary  for  the  accommodation  of  the  persons  employed  in  said  institution,  the- 
said  board  of  managers  may  cause  to  be  erected  on  the  grounds  of  the  in- 
stitution such  dwelling  houses  and  other  buildings,  of  plain  and  substantial 
workmanship  and  materials,  to  be  without  unnecessary  ornament,  as  may 
be  wanted  :  Provided,  however,  That  the  whole  expense  of  the  building!  and 
enclosures  aforesaid  shall  not  exceed  the  amount  of  the  interest  which  will 
have  accrued  on  the  principal  sum  and  fund  on  the  first  day  of  July  next. 
to  wit:  the  sum  of  two  hundred  and  forty-two  thousand  one  hundred  and 
twenty-nine  dollars  ;  which  sum  is  hereby  appropriated,  payable  out  of 
money  in  the  Treasury  not  otherwise  appropriated  ;  together  with  such 
sum  or  sums  out  of  the  annual  interest  accruing  to  the  institution,  as  may, 
in  any  year,  remain  unexpended,  after  paying  the  current  expenses  of  the 
institution  :  And  provided,  further,  That  the  expenditure  for  enclosing  and 
securing  grounds,  and  erecting  buildings  to  prevent  plants  from  exposure, 
shall  not  exceed  the  sum  of  twenty  thousand  dollars.  And  all  such  con- 
tracts as  may  be  made  by  said  board  of  managers  shall  be  deposited  with  the 
Treasurer  of  the  United  States  ;  and  all  questions  which  may  arise  between 
the  United  States  and  any  person  claiming  under  and  by  virtue  of  any  such 
contract,  shall  be  heard  and  determined  by  said  board  of  manager?,  and  Mich 
determination  shall  be  final  and  conclusive  upon  all  parties  ;  and  all 
claims  on  any  contract  made  as  aforesaid  shall  be  allowed  and  certified  by 
the  board  of  managers,  or  a  committee  thereof,  as  the  case  may  be,  and, 
being  signed  by  the  president  of  the  board,  shall  be  a  sufficient  voucher  for 
settlement  and  payment  at  the  Treasury  of  the  United  States.  And  the 
board  of  managers  shall  be  authorized  to  employ  such  persons  as  they  deem 
necessary  to  superintend  the  erection  of  the  buildings  and  fitting  up  the 
rooms  of  the  institution.  And  all  laws  for  the  protection  of  public  prop- 
erty in  the  city  of  Washington  shall  apply  to,  and  be  in  force  for,  the  pro- 
tection of  the  lands,  buildings,  and  other  property  of  said  institution  ;  and 
all  prosecutions  for  trespasses  upon  said  property,  and  all  civil  suits  on  be- 
half of  said  institution,  shall  be  prosecuted  in  the  name  of  the  United 
States,  in  any  court  having  competent  jurisdiction  of  the  same. 

SEC.  5.  And  be  it  further  enacted,  That,  in  proportion  as  suitable  arrange- 
ments can  be  made  for  their  reception,  all  objects  of  foreign  and  curious 
research,  and  all  objects  of  natural  history,  plants,  and  geological  and  min- 
eralogical  specimens  belonging  or  hereafter  to  belong  to  the  United  States, 
which  may  be  in  the  city  of  Washington,  in  whosesoever  custody  the  same 
may  be,  shall  be  delivered  to  such  persons  as  may  be  authorized  by  the 
board  of  managers  to  receive  them,  and  shall  be  arranged  in  such  order, 
and  so  classed,  as  best  to  facilitate  the,  examination  and  study  of  them,  in 
the  buildings  so  as  aforesaid  to  be  erected  for  the  institution  ;  and  the  man- 
agers of  said  institution  shall  afterwards,  as  new  specimens  in  natural  his- 
tory, geology,  or  mineralogy,  may  be  obtained  for  the  museum  of  the  in- 
stitution by  exchanges  of  duplicate  specimens  belonging  to  the  institution, 
(which  they  are  hereby  authorized  to  make)  or  by  donation,  which  they 
may  receive,  or  otherwise,  cause  such  new  specimens  to  be  also  appropri- 
ately classed  and  arranged.  And  the  minerals,  books,  manuscripts,  and 
other  property  of  James  Smithson,  which  have  been  received  by  the  Gov- 
ernment of  the  United  States,  and  are  now  placed  in  the  Patent  Office, 
shall  be  removed  to  said  institution  and  shall  be  preserved  separate  and 
apart  from  the  other  property  of  the  institution. 

SEC.  6.  And  be  it  further  enacted,  That  the  managers  of  said  institution 
shall  appoint  a  superintendent,  whose  duty  it  shall  be  to  take  charge  of  the 
ground,  buildings,  and  property,  belonging  to  the  institution,  and  carefully 
preserve  the  same  from  injury;  and  such  superintendent  shall  be  the  sec- 
retary of  the  board  of  managers,  and  shall,  under  their  direction,  make  a 
fair  and  accurate  record  of  all  their  proceedings,  to  be  preserved  in  said  in- 
stitution ;  and  the  said  superintendent  shall  afso  discharge  the  duties  of  li- 
brarian and  of  keeper  of  the  museum,  and  may,  with  the  consent  of  the 
board  of  managers,  employ  an  assistant ;  and  the  said  managers  shall  ap- 


TWENTY-NINTH     CONGRESS,    1845-47. 

point  a  professor  of  agriculture,  horticulture,  and  rural  economy,  and  tho 
said  professor  may  hire,  from  time  to  time,  so  many  gardeners,  practical  ag- 
riculturists, and  laborers  as  may  be  necessary  to  cultivate  the  ground  and 
keep  in  repair  the  buildings  of  said  institution;  and  he  shall  make  experi- 
ments to  determine  the  utility  and  advantage  of  new  modes  and  instru- 
ments of  culture,  to  determine  whether  new  fruits,  plants,  and  vegetables 
may  be  cultivated  to  advantage  in  the  United  States  ;  and  all  such  fruitsr 
plants,  seeds,  and  vegetables  as  shall  be  found  useful,  and  adapted  to  any  of 
our  soils  and  climates,  shall  be  distributed  among  the  people  of  the  Union  ,* 
and  the  said  officers  shall  receive  for  their  services  such  sum  as  may  be  al- 
lowed by  the  board  of  managers,  to  be  paid  semi- annually  on  the  first  day 
of  January  and  July  ;  and  the  said  officers,  and  all  other  officers  of  the  in- 
stitution, shall  be  removable  by  the  board  of  managers  whenever,  in  their 
judgment,  the  interests  of  the  institution  require  any  of  the  said  officers  to 
be  changed.  • 

SEC.  7.  And  whereas  the  most  effectual  mode  of  promoting  the  general 
diffusion  of  knowledge  is  by  judiciously  conducted  common  schools,  to  the 
establishment  of  which  throughout  the  Union  much  aid  will  be  afforded  by 
improving  and  perfecting  the  common  school  system  of  the  country,  and  by 
elevating  the  standard  of  qualification  for  common  school  teachers  :  And 
whereas  knowledge  may  be  essentially  increased  among  men  by  instituting 
scientific  researches,  and,  generally,  by  spreading  among  the  people  a  taste 
for  science  and  the  arts — 

Be  it  further  enacted,  That  the  board  of  managers  shall  establish  a  nor- 
mal branch  of  the  institution,  by  appointing  some  suitable  person  as  profes- 
sor of  common  school  instruction,  with  such  other  professors,  chiefly  of  the 
more  useful  sciences  and  arts,  as  may  be  necessary  for  such  a  thorough,  sci- 
entific, and  liberal  course  of  instruction  as  may  be  adapted  to  qualify  young 
persons  as  teachers  of  common  schools,  and  to  give  to  others  a  knowledge 
of  an  improved  common  school  system  ;  and  also,  when  desired,  to  qualify 
students  as  teachers  or  professors  of  the  more  important  branches  of  natural 
science.  And  the  board  of  managers  may  authorize  the  professors  of  the 
institution  to  grant  to  such  of  its  students  as  may  desire  it,  after  suitable 
examination,  certificates  of  qualification  as  common  school  teachers,  and  also 
as  teachers  or  professors  in  various  branches  of  science  ;  they  may  also  em- 
ploy able  men  to  lecture  upon  useful  subjects,  and  shall  fix  the  compensa- 
tion of  such  lecturers  and  professors  :  Provided,  however,  That  there  shall  not 
be  established,  in  connection  with  the  institution,  any  school  of  law,  or  med- 
icine, or  divinity,  nor  any  professorship  of  ancient  languages.  And  the  said 
managers  shall  make,  from  the  interest  of  said  fund,  an  appropriation,  not 
exceeding  five  thousand  dollars  annually,  for  the  gradual  formation  of  a 
library,  composed  chiefly  of  the  best  works  on  the  physical  sciences,  and 
the  application  of  science  to  the  arts  of  life,  but  without  excluding  valua- 
ble and  standard  works  pertaining  to  other  departments  of  human  knowl- 
edge. 

SEC.  8.  And  be  it  further  enacted,  That  the  said  board  of  managers  shall 
make  all  needful  rules,  regulations,  and  by-laws,  for  the  government  of  tho 
institution  and  the  persons  employed  therein  ;  and,  in  prescribing  the  duties 
of  the  professors  and  lecturers,  they  shall  have  reference  to"  the  intro- 
duction and  illustration  of  subjects  connected  with  the  application  of  science 
to  tho  productive  and  liberal  arts  of  life,  improvements  in  agriculture,  in 
manufactures,  in  trades,  and  in  domestic  economy;  and  they  shall  also 
have  special  reference  to  the  increase  and  extension  of  scientific  knowledge 
generally,  by  experiment  and  research.  And  the  managers  may,  at  their 
discretion,  cause  to  be  printed,  from  time  to  time,  any  lecture  or"  course  of 
lectures  which  they  may  deem  useful.  And  it  shall  be  the  duty  of  each 
lecturer,  while  in  the  service  of  the  institution,  to  submit  a  copy  of  any 
lecture  or  lectures  delivered  by  him,  to  the  managers,  if  required  and  called 
upon,  for  tho  purpose  of  being  printed;  and  such  lectures,  when  printed, 


360  CONGRESSIONAL    PROCEEDINGS. 

shall  be  at  all  times  offered  for  sale  at  the  lowest  rate  that  will  repay  the 
actual  expense  of  publication. 

SEC.  9.  And  be  it  further  enacted,  That  the  said  board  of  managers  shall 
also  make  rules  and  regulations  for  the  admission  of  students  into  the  vari- 
ous departments  of  the  institution,  and  their  conduct  and  deportment  while 
they  remain  therein  :  Provided,  That  all  instruction  in  said  institution  shall 
be  gratuitous  to  those  students  who  conform  to  such  rules  and  regulations. 

SEC.  10.  And  be  it  further  enacted,  That  it  shall  be  competent  for  the 
board  of  managers  to  cause  to  be  printed  and  published  periodically  or 
occasionally  essays,  pamphlets,  magazines,  or  other  brief  works  or  produc- 
tions for  the  dissemination  of  information  among  the  people,  especially 
works  in  popular  form  on  agriculture  and  its  latest  improvements,  on  the 
sciences  and  the  aid  the}'  bring  to  labor,  manuals  explanatory  of  the  best 
systems  of  common  school  instruction,  and  generally  tracts  illustrative  of 
objects  of  elementary  science  and  the  rudiments  of  history;  chemistry, 
astronomy,  or  any  other  department  of  useful  knowledge;  also,  they  may 
prepare  sets  of  illustrations,  specimens,  and  apparatus,  suited  lor  primary 
schools  :  Provided,  That  the  same  shall  at  all  times  be  offered  for  sale  at  tin- 
lowest  rate  that  will  repay  the  actual  expense  of  preparation  or  publication. 

SEC.  11.  And  be  it  further  enacted,  That  of  any  other  moneys  which  have 
accrued,  or  shall  hereafter  accrue,  as  interest  upon  the  said  Smithsonian 
fund,  not  herein  appropriated,  or  not  required  for  the  purposes  herein  pro- 
vided, the  said  managers  are  hereby  authorized  to  make  such  disposal  as 
they  shall  deem  best  suited  for  the  promotion  of  tin-  purposes  of  the  testa- 
tor, anything  herein  contained  to  the  contrary  notwithstanding. 

SEC.  12.  And  be  it  further  enacted,  That and  Joseph  G. 

Totten  and  Alexander  Dallas  Bache,  members  of  the  National  Institute, 
and  resident  in  the  city  of  Washington,  be  the  seven  managers  who,  by  the 
second  section  of  this  act,  are  to  be  appointed  by  Congress. 

SEC.  13.  And  be  it  further  enacted,  That  there  is  reserved  to  Congress 
the  right  of  altering,  amending,  adding  to,  or  repealing  any  of  the  provi- 
sions of  this  act :  Provided,  That  no  contract,  or  individual  right,  made  or 
acquired  under  such  provisions,  shall  be  thereby  divested  or  impaired. 

The  amendment  agreed  to  by  your  committee,  and  which 
they  recommend  for  adoption  to  the  House,  is  to  strike  out 
all  after  the  preamble,  and  insert  the  following  substitute  : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  so  much  of  the  property  of 
the  said  James  Smithson  as  has  been  received  in  money  and  paid  into  the 
Treasury  of  the  United  States,  being  the  sum  of  five  hundred-  and  fifteen 
thousand  one  hundred  and  sixty-nine  dollars,  be  lent  to  the  United  States 
Treasury,  at  six  per  cent,  per  annum  interest,  from  the  first  day  of  September, 
in  the  year  one  thousand  eight  hundred  and  thirty-eight,  when  the  same  was 
received  into  the  said  Treasury  ;  and  that  so  much  of  the  interest  as  may 
have  accrued  on  said  sum  on  the  first  day  of  July  next,  which  will  amount 
to  the  sum  of  two  hundred  and  forty-two  thousand  one  hundred  and  twenty- 
nine  dollars,  or  so  much  thereof  as  shall  by  the  board  of  managers  of  the 
institution  established  by  this  act  be  deemed  necessary,  be,  and  the  same  is 
hereby,  appropriated  for  the  erection  of  suitable  buildings,  the  enclosing  and 
preparing  of  suitable  grounds,  and  for  other  current  incidental  expenses  of 
the  said  institution  ;  and  that  six  per  cent,  interest  on  the  said  trust  fund, 
it  being  the^said  amount  of  five  hundred  and  fifteen  thousand  one  hundred 
and  sixty-nine  dollars,  received  into  the  United  States  Treasury  on  the  first 
of  September,  one  thousand  eight  hundred  and  thirty-eight,  payable,  in  half- 
yearly  payments,  on  the  first  of  January  and  July  in  each  year,  be,  and  the 
same  is  hereby,  appropriated  for  the  perpetual  maintenance  and  support  of 
said  institution  ;  and  all  expenditures  and  appropriations  to  be  made,  from 
time  to  time,  to  the  purposes  of  the  institution  aforesaid,  shall  be  exclusively 


TWENTY-NIKTH     CONGRESS,    1845-47. 

from  the  accruing  interest  and  not  from  the  principal  of  the  said  fund. 
And  be  it  further  enacted,  That  all  the  moneys  and  stocks  which  have  been, 
or  may  hereafter  be,  received  into  the  Treasury  of  the  United  States,  on 
account  of  the  fund  bequeathed  by  James  Smithson,  be  and  the  same  here- 
by are,  pledged  to  refund  to  the  Treasury  of  the  United  States  the  sums 
hereby' appropriated.  ^?>  ^  ^  ^  ^  instftution 

shaU  be  conducted  by  a  board  of  managers  who  shall  be  and  hereby  are, 
constituted  a  body  politic  and  corporate,  by  the  style  and  title  of  the  Smith- 
r  Institution,"  with  perpetual  succession,  and  the  usual  powers,  duties, 
^HhnHes  incident  to  corporations.  And  the  said  board  of  managers 
"hall  be  composed  of  the  Vke-President  of  the  United  States  the  Chief 
Justice  of  52  United  States,  and  the  mayor  of  the  city  of  Washington, 
'!»*  the  time  for  which  they  shall  hold  their  respective  offices,  three 
members  of  1^  Senate,  and  three  members  of  the  House  of  Representatives 
Either w ith  six  other  persons,  other  than  members  of  Congress  two  of 
Ihom  sU  be  Timbers  of  the  National  Institute  in  the  city  of  Washing- 
ion  Tnd  relidenUn  the  said  city  ;  and  the  other  four  thereof  shall  be  m- 
MMtants  of  Sta  es!  and  no  two  of  them  of  the  same  State.  And  the  man- 
»lrs  to  be  Delected  as  aforesaid,  shall  be  appointed  immediately  after  the 
•Sre  of  thi  act-the  members  of  the  Senate  by  the  President  thereof ; 
Thf  numbers  of  the  House  by  the  Speaker  thereof;  and  the  six  other  per- 
the  members  ^  y  ^  f  Representatives ;  and 

theme^ber    o7  the  House  so  appointed  shall  serve  until  the  fourth  Wed- 


362  CONGRESSIONAL    PROCEEDINGS. 

session  thereof,  a  report  of  the  operations,  expenditures,  and  condition  of" 
the  institution. 

SEC.  3.  And  be  it  further  enacted,  That  after  the  board  of  managers  shall 
have  met,  and  become  organized,  it  shall  be  their  duty  forthwith  to  proceed 
to  select  suitable  sites  for  such  buildings  as  may  te  necessary  for  the  institu- 
tion, and  suitable  ground  for  horticultural  and  agricultural  purposes  and 
experiments  ;  which  ground  may  be  taken  and  appropriated  out  of  that 
part  of  the  public  ground  in  the  city  of  Washington  called  the  Mall,  lying 
west  of  Seventh  street ;  and  the  sites  and  ground  so  selected  shall  be  set  out 
by  proper  metes  and  bounds,  and  a  description  of  the  same  shall  be  made 
and  recorded  in  a  book  to  be  provided  for  that  purpose,  and  signed  by  the 
said  managers,  or  so  many  of  them  as  may  be  convened  at  the  time  of  their 
said  organization  ;  and  such  record,  or  a  copy  thereof,  certified  by  the  presi- 
dent of  the  board  of  managers,  shall  be  received  in  evidence  in  all  courts  of 
the  extent  and  boundaries  of  the  lands  appropriated  to  the  said  institution  ; 
and  upon  the  making  of  such  record,  such  sites  and  lands  shall  be  deemed 
and  taken  to  be  appropriated  by  force  of  this  act  to  the  said  institution. 

SEC.  4.  And  be  it  further  enacted,  That,  so  soon  as  the  board  of  managers* 
shall  have  selected  the  site  for  the  buildings  of  the  institution,  they  shall 
cause  to  be  erected  a  suitable  building,  of  plain  and  durable  materials  and 
structure,  without  unnecessary  ornament,  and  of  sufficient  size,  and  with 
suitable  rooms,  or  halls,  for  the  reception  and  arrangement,  upon  a  liberal 
scale,  of  objects  of  natural  history,  including  a  geological  and  mineralogi- 
cal  cabinet;  also  a  chemical  laboratory,  a  library,  a  gallery  of  art,  and  the 
necessary  lecture  rooms;  and  the  said  board  shall  have  authority,  by  them- 
selves, or  by  a  committee  of  three  of  their  members,  to  contract  for  the 
completion  of  such  building,  upon  such  plan  as  may  be  directed  by  the 
board  of  managers,  and  shall  take  sufficient  security  tor  the  building  un<l 
finishing  the  same  according  to  the  said  plan,  and  in  the  titno  stipulated  in- 
such  contract.     And  the  board  of  managers  shall  also  cause  the  grounds 
selected   for   horticultural  and  agricultural    purposes   to   he    inclosed  and 
secured,  and  suitable  buildings  erected  to  preserve  such  plants  as  will  not 
bear  exposure  to  the  weather  at  all  seasons  ;  and  so  soon  as  it  may  be  nec- 
essary for  the  accommodation  of  the  persons  employed  in  said  institution, 
the  said  board  of  managers  may  cause  to  be  erected,  on  the  grounds  of  the 
institution,  such  dwelling-houses  and  other  buildings,  of  plain  and  substan- 
tial workmanship  and  materials,  to  be  without  unnecessary  ornament,  as 
may  be  wanted  :  Provided,  however,  That  the  whole  expense  of  the  build- 
ings and  inclosures  aforesaid  shall  not  exceed  the  amount  of  the  interest 
which  will  have  accrued  on  the  principal  sum  and  fund  on  the  first  day  of 
July  next,  to  wit :  the  sum  of  two  hundred  and  forty-two  thousand  one 
hundred  and  twenty-nine  dollars;   which  sum  is  hereby  appropriated,  pay- 
able out  of  money  in  the  Treasury  not  otherwise  appropriated  ;  together 
with  such  sum  or  sums  out  of  the  annual  interest  accruing   to  the  institu- 
tion, as  may,  in  any  year,  remain   unexpended,  after  paying  the  current 
expenses  of  the  institution:  And  provided,  further,  That  the  expenditure 
for  inclosing  and  securing  grounds,  and  erecting  buildings  to  prevent  plants 
from  exposure,  shall  not  exceed  the  sum  of  twenty  thousand  dollars.     And 
duplicates  of  all  such  contracts  as  may  be  made  by  the  said  board  fo  man- 
agers sljall  be  deposited  with  the  Treasurer  of  the  United  States  ;  and  all 
claims  on  any  contract,  made  as  aforesaid,  shall  be  allowed  and  certified  by 
the  board  of  managers,  or  a  committee  thereof,  as  the  case  may  be,  and, 
being  signed  by  the  president  of  the  board,  shall  be  a  sufficient  voucher  for 
settlement  and  payment  at  the  Treasury  of  the  United  States.     And  the 
board  of  managers  shall  be  authorized  to  employ  such  persons  as  thcv  deem 
necessary  to  superintend  the  erection  of  the  buildings  and  fitting  'up  the 
rooms  of  the  institution.     And  all  laws  for  the  protection  of  public  prop- 
erty in  the  city  of  Washington,  shall  apply  to,  and  be  in  force  for,  the  pro- 
tection of  the  lands,  buildings,  and  other  property  of  said  institution.     And 
all  moneys  recovered  by,  or  accruing  to,  the  institution  shall  be  paid  into*- 


TWENTY-NINTH    CONGRESS,    1845-47.  365 

the  Treasury  of  the  United  States,  to  the  credit  of  the  Smithsonian  bequestr 
and  separately  accounted  for,  as  provided  in  the  act  approved  July  ],  1836, 
accepting  said  bequest. 

SEC.  5.  And  be  it  further  enacted.  That,  in  proportion  as  suitable  arrange- 
ments can  be  made  for  their  reception,  all  objects  of  art  and  of  foreign  and 
curious  research,  and  all  objects  of  natural  history,  plants,  and  geological 
and  mineralogical  specimens  belonging  or  hereafter  to  belong  to  the  United- 
States,  which  may  be  in  the  city  of  Washington,  in  whosesoever  custody 
the  same  may  be,  shall  be  delivered  to  such  persons  as  may  be  authorized 
by  the  board  of  managers  to  receive  them,  and  shall  be  arranged  in  such 
order,  and  so  classed,  as  best  to  facilitate  the  examination  and  study  of 
them,  in  the  buildings  so  as  aforesaid  to  be  erected  for  the  institution  ;  and 
the  managers  of  said  institution  shall  afterwards,  as  new  specimens  in  natu- 
ral history,  geology,  or  mineralogy  may  be  obtained  for  the  museum  of  the 
institution,  by  exchanges  of  duplicate  specimens  belonging  to  the  institu- 
tion  (which  they  are  hereby  authorized  to  make,)  or  by  donation,  which 
they  may  receive,  or  otherwise,  cause  such  new  specimens  to  be-also  appro- 
priately classed  and  arranged.  And  the  minerals,  books,  manuscripts,  and 
other  property  of  James  Smithson,  which  have  been  received  by  the  Gov- 
ernment of  the  United  States,  and  are  now  placed  in  the  Department  of 
State,  shall  be  removed  to  said  institution,  and  shall  be  preserved  separate 
and  apart  from  the  other  property  of  the  institution. 

SEC  6  And  be  it  further  enacted,  That  the  managers  of  said  institution 
«hall  appoint  a  superintendent,  whose  duty  it  shall  be  to  take  charge  of  the 
ground,  buildings,  and  property  belonging  to  the  institution,  and  carefully 
preserve  the  same  from  injury  ;  and  such  superintendent  shall  be  the  secre- 
tary of  the  board  of  managers,  and  shall,  under  their  direction,  make  a  fair 
and  accurate  record  of  all  their  proceedings,  to  be  preserved  in  said  institu- 
tion ;  and  the  said  superintendent  shall  also  discharge  the  duties  of  librarian 
and  of  keener  of  the  museum,  and  may,  with  the  consent  of  the  board  ol 
managers,  employ  assistants  ;  and  the  said  managers  shall  appoint  a  profes- 
sor of  agriculture,  horticulture,  and  rural  economy  ;  and  the  said  professor 
may  hire,  from  time  to  time,  so  many  gardeners,  practical  agriculturists,  and 
laborers  as  may  be  necessary  to  cultivate  the  ground  and  maintain  a  b< 
cal  garden  :  and  he  shall  make,  under  the  supervision  of  the  board  ot  man- 
agement, such  experiments  as  may  be  of  general  utility  throughout  the 
United  States,  to  determine  the  utility  and  advantage  of  new  modes  and 
instruments  of  culture,  to  determine  whether  new  fruits,  plants,  and  vege- 
tables may  be  cultivated  to  advantage  in  the  United  States  ;  and  the  said 
officers  shall  receive  for  their  services  such  sum  as  may  be  allowed  by  the 
board  of  managers,  to  be  paid  semi-annually  on  the  first  day  of  January 
and  July  ;  and  the  said  officers,  and  all  other  officers  of  the  institution,  shall 
be  removable  by  the  board  of  managers,  whenever,  in  their  judgment,  the 
interests  of  the  institution  require  any  of  the  said  officers  to  be  changed. 

SEC  7.  And  whereas  the  most  effectual  mode  of  promoting  the  generaK 
diffusion  of  knowledge  is  by  judiciously  conducted  common  schools,  to  the 
establishment  of  which  throughout  the  Union  much  aid  will  be  afforded  by 
improving  and  perfecting  the  common  school  system  of  the  country,  and  by 
elevating  the  standard  of  qualification  for  common  school  teachers  :  And 
whereas  knowledge  may  be  essentially  increased  among  men  by  instituting 
scientific  researches,  and,  generally,  by  spreading  among  the  people  a  tast 
for  science  and  the  arts — 

Be  it  further  enacted,  That  the  board  of  managers  shall  establish  a  nor- 
mal branch  of  the  institution,  by  appointing  some  suitable  person  as  prole 
sor  of  common  school  instruction,  with  such  other  professors,  chiefly  o 
more  useful  sciences  and  arts,  as  may  be  necessary  for  such  a  thorough, 
scientific,  and  liberal  course  of  instruction  as  may  be  adapted  to  quality 
young  persons  as  teachers  of  common  schools,  and  to  give  to  others  H  knowl- 
edo-e  of  an  improved  common  school  system  ;  and  also,  when  desired,  to 
qualify  students  as  teachers  or  professors  of  the  more  important  branch 


304  CONGRESSIONAL    PROCEEDINGS. 

natural  science.  And  the  board  of  managers  may  authorize  the  profes-.-rs 
of  the  institution  to  grant  to  such  of  its  students  HS  may  desire  it,  alt'-r 
suitable  examination,  certificates  of  qualification  as  common  school  teachers. 
and  also  as  teachers  or  professors  in  various  branches  of  science  ;  they  may 
also  employ  able  men  to  lecture  upon  useful  subjects,  and  shall  fix  the  com- 
pensation of  such  lecturers  and  professors:  Provided,  however,  That  there 
shall  not  be  established,  in  connection  with  the  institution,  any  school  of 
law,  or  medicine,  or  divinity,  nor  any  professorship  of  ancient  language*. 
And  the  said  managers  shall  make,  from  the  interest  of  said  fund,  an  appro- 
priation, not  exceeding  an  average  of  ten  thousand  dollars  annually,  for  the 
gradual  formation  of  a  library,  composed  of  valuable  works  pertaining  to 
all  departments  of  human  knowledge. 

SEC.  8.  And  be  it  further  enacted,  That  the  said  board  of  managers  shall 
make  all  needful  rules,  regulations,  and  by-laws,  for  the  government  of  the 
institution  and  the  persons  employed  therein  ;  and,  in  prescribing  the  duties 
of  the  professors  and  lecturers,  they  shall  have  reference  to  the  introduction 
and  illustration  of  subjects  connected  with  the  application  of  science  to  tin- 
productive  and  liberal  arts  of  life,  improvements  in  agriculture,  in  manu- 
factures, in  trades,  and  in  domestic  economy  ;  and  they  shall  also  have 
special  reference  to  the  increase  and  extension  of  scientific  knowledge  gen- 
erally, by  experiment  and  research.  And  the  managers  may,  at  their  dis- 
cretion, cause  to  be  printed,  from  time  to  time,  any  lecture  or  course  of 
lectures  which  they  may  deem  useful.  And  it  shall  be  the  duty  of  each 
lecturer,  while  in  the  service  of  the  institution,  to  submit  u  copy  of  any 
lecture  or  lectures,  delivered  by  him,  to  the  managers,  if  required  and  called 
upon. 

SEC.  9.  And  be  it  further  enacted,  That  the  said  board  of  managers  shall 
also  make  rules  and  regulations  for  the  admission  of  students  into  the  vari- 
ous departments  of  the  institution,  and  their  conduct  and  deportment,  while 
they  remain  therein  :  Provided,  That  all  instruction  in  said  institution  >hall 
be  gratuitous  to  those  students  who  conform  to  such  rules  and  regulations. 

SEC.  10.  And  be  it  further  enacted,  That  it  shall  be  competent  for  the 
board  of  managers  to  cause  to  be  printed  and  published  periodically  or  occa- 
sionally essays,  pamphlets,  magazines,  or  other  brief  works  or  productions 
for  the  dissemination  of  information  among  the  people,  especially  works  in 
popular  form  on  agriculture  and  its  latest  improvements,  on  the  sciences  and 
the  aid  they  bring  to  labor,  manuals  explanatory  of  the  best  systems  of  com- 
mon school  instruction,  and  generally  tracts  illustrative  of  objects  of  ele- 
mentary science,  and  treatises  on  history,  natural  and  civil,  chemistry, 
astronomy,  or  any  other  department  of  useful  knowledge  ;  also,  they  may 
prepare  sets  of  illustrations,  specimens,  apparatus,  and  school  books,  suited 
for  primary  schools. 

SEC.  11.  And  be  it  further  enacted,  Thatof  any  other  moneys  which  have 
accrued,  or  shall  hereafter  accrue,  as  interest  upon  the  said  Smithsonian 
fund,  not  herein  appropriated,  or  not  required  for  the  purposes  herein  pro- 
vided, the  said  managers  are  hereby  authorized  to  make  such  disposal  as 
they  shall  deem  best  suited  for  the  promotion  of  the  purpose  of  the  testator, 
anything  herein  contained  to  the  contrary  notwithstanding. 

SEC.  12.  And  be  it  further  enacted,  That  there  is  reserved  to  Congress 
the  right  of  altering,  amending,  adding  to,  or  repealing  any  of  the  provi- 
sions of  this  act :  Provided,  That  no  contract  or  individual  right,  made  or 
acquired  under  such  provisions,  shall  be  thereby  divested  or  impaired. 

Your  committee  further  report,  that  though  they  do  not 
consider  it  in  strictness  a  part  of  their  duty  to  refer  to  the 
purchases  of  stocks  which  Congress  has  seen  fit  to  make 
with  the  money  paid  into  the  Treasury  as  the  Smithsonian 
i'und,  yet  they  have  inquired  into  the  present  condition  of 


TWENTY-NINTH     CONGRESS,    1845-47.  365 

these  investments,  and  make  the  following  statement  in  re- 
gard to  the  same,  that  the  House,  by  its  Committee  of  Ways 
and  Means  or  otherwise,  may,  if  it  see  fit,  inquire  into  the 
expediency  of  adopting  measures  for  the  ultimate  arrange 
ment  of  these  debts. 

There  was  invested,  as  by  reference  to  tables  A,  B,  and 
C,  in  House  document  No.  142,  28th  Congress,  1st  session, 
will  more  fully  appear,  upwards  of  half  a  million  in  Arkan- 
sas bonds;  upwards  of  $50,000  in  Illinois  bonds,  and  a  few 
smaller  sums  in  Ohio,  Michigan,  and  United  States  stocks. 

On  these  stocks,  up  to  the  31st  December,  1843,  as  ap- 
pears also  in  the  report  above  referred  to,  interest  was  paid 
except 

Balance  of  interest  then  due  and  unpaid, 

By  the  State  of  Arkansas $75,687  84 

Michigan ^ 480  00 

Illinois 3,360  00 


Total  interest  due  and  unpaid,  31st  December,  1843 $79,527  84 


By  a  statement  received  by  your  committee  from  the  Sec- 
retary of  the  Treasury,  they  learn  that,  since  the  31st  De- 
cember, 1843,  there  has  been  carried  into  the  Treasury, 
on  account  of  interest  due  by  these  States,  the  sum  of 
$19,106.25;  and  that  the  entire  amount  of  interest  due  and 
unpaid,  at  the  close  of  last  year,  had  increased  as  follows  : 

Balance  of  interest  due  and  unpaid  up  to  the  31st  of  December,  1845,  viz : 

By  the  State  of  Arkansas $130,841  52 

Illinois  1,680  00 

Michigan 180  07 


Total  interest  on  stocks  purchased  with  the  Smithsonian  fund, 

due  and  unpaid  on  the  31st  December,  1845 $132,701  59 


What  measures,  if  any,  it  may  be  expedient  to  adopt  in 
regard  to  the  back  interest,  or  to  the  sale  of  all  or  any  of 
these  stocks,  they  have  not  considered  it  their  province  to 
inquire. 

And  your  committee  recommend  to  the  House  the  adop- 
tion of  the  following  resolution  : 

Resolved,  That  this  report  be  printed  ;  that  the  substitute  herewith  re- 
ported by  them  be  referred  to  the  Committee  of  the  Whole  on  the  state  of 
the  Union,  and  be  printed  separately  in  the  form  of  a  bill ;  and  that  the 
same  be  made  the  special  order  of  the  day  for  the  second  Tuesday  in  April 
next. 

All  which  is  respectfully  submitted. 

ROBERT  DALE  OWEN,  Chairman. 


CONGRESSIONAL    PROCEEDINGS. 

HOUSE  OF  EEPRESENTATIVES,  April  22,  1846. 

The  SPEAKER  announced  the  special  order  of  the  tiny  to 
be  the  bill  in  relation  to  the  Smithsonian  Institution. 

Mr.  OWEN  moved  that  the  House  resolve  itself  into  Com- 
mittee of  the  Whole  on  the  state  of  the  Union,  which  mo- 
tion was  agreed  to. 

The  SPEAKER  invited  to  the  chair  Mr.  Seaborn  Jones,  who 
excused  himself  on  the  ground  that  he  had  but  a  limited 
acquaintance  with  the  members. 

Mr.  Burt  having  then  been  addressed  by  the  Speaker,  ac- 
cepted the  invitation. 

Whereupon  the  House  resolved  itself  into  Committee  of 
the  Whole  on  the  state  of  the  Union,  (Mr.  Burt,  of  South 
-Carolina,  in  the  chair,)  and  proceeded  to  the  consideration 
of  the  bill  entitled  "  A  bill  to  establish  the  Smithsonian  In- 
stitution for  the  increase  and  diffusion  of  knowledge  among 
men." 

The  bill  having  been  read  through,  was  taken  up  by  Beej 
tions;  and  the  first  section  being  under  consideration,  Mr. 
G.  W.  JONES  moved  that  the  said  section  be  stricken  out. 

Mr.  OWEN  said  :  We  have  been  unfortunate,  in  this  coun- 
try, in  the  administration  of  legacies  bequeathed  by  IM-IICV- 
olent  men  for  the  improvement  of  our  race.  Of  the  noble 
Girard  fund,  three  quarters  of  a  million  of  dollars  are  lost 
forever,  and  though  half  a  generation  has  passed  away  since 
theeccentric  Philadelphia!!  died,  not  one  child  has  yet  reaped 
the  benefit  of  his  munificent  bequest.  A  temple  has  indeed 
.arisen  that  outshines  Greece  and  her  Parthenon  ;  its  sump- 
tuous Corinthian  pillars,  each  one  costing  a  sum  that  would 
have  endowed  a  professorship,  are  the  admiration  of  he- 
holders  and  the  boast  of  the  Quaker  city  ;  but  years  must 
yet  elapse  before  the  first  son  of  indigence  can  ascend  the 
steps  of  that  princely  portico,  and  sit  down  within  those 
marble  halls  to  receive  the  education  for  which  its  simple 
and  unostentatious  founder  sought  to  provide. 

Yet  it  is  not  for  us  of  this  National  Legislature  to  arraign 
as  dilatory,  the  corporation  of  Philadelphia.  It  is  sixteen 
years  since  James  Smithson  died,  leaving  to  the  United 
States  the  reversion  of  more  than  half  a  million  of  dollars, 
to  found,  in  this  District,  an  institution  "  for  the  increase 
and  diffusion  of  knowledge  among  men."  It  will  be  ten 
years,  on  the  1st  of  July  next,  since  this  Government  sol- 
emnly accepted  the  trust  created  by  Mr.  Smithson's  will. 
It  will  be  eight  years  next  September  since  the  money  was 
obtained  from  the  English  Court  of  Chancery  and  paid  into 


TWENTY-NINTH     CONGRESS,    1845-47.  367 

1the  Treasury  of  the  United  States.  And  yet,  though  dis- 
tinguished men  have  moved  in  this  matter,  though  projects 
have  heen  brought  forward  and  discussed  in  Congress,  there 
has  till  this  day  been  no  final  action  ;  the  first  human  being 
has  yet  to  receive  the  benefit  of  the  Smithsonian  bequest ;  the 
corner-stone  of  the  first  building  has  yet  to  be  laid,  in  fulfil- 
ment of  the  intentions  of  the  philanthropic  testator. 

Small  encouragement  is  there,  in  such  tardiness  as  this  to 
others,  as  wealthy  and  as  liberal  as  Smithson  and  Girard, 
to  follow  their  noble  example!  Small  encouragement  to 
such  men,  to  entrust  to  our  care  bequests  for  human  im- 
provement !  Due  diligence  is  one  of  the  duties  of  a  faithful 
trustee.  Has  Congress,  in  its  conduct  of  this  sacred  trustee- 
ship, used  due  diligence  ?  Have  its  members  realized,  in 
the  depths  of  their  hearts,  its  duties  and  their  urgent  impor- 
tance? Or  has  not  the  language  of  our  legislative  action 
rather  been  but  this  :  "  The  Smithsonian  fund  ?  Ah,  true  ! 
That's  well  thought  of.  One  forgets  these  small  matters. 
We  ought  certainly  to  attend  to  it — one  of  these  days,  if  we 
could  only  find  time."  We  are  as  the  guests  in  the  parable, 
bidden  to  the  marriage  feast.  "  I  have  married  a  wife,  and 
therefore  I  cannot  come."  "  I  have  bought  a  yoke  of  oxen, 
and  must  needs  remain  at  home  to  prove  them."  Let  us 
see  to  it,  that  the  condemnation  passed  upon  their  paltry  ex- 
cuses fall  not,  with  double  force,  upon  our  supineness  in  this 
thing. 

There  are  those  among  the  strict  constructionists  of  the 
House  who  will  vote  to  return  this  fund  to  the  British 
Court  of  Chancery  ;  alleging  that  we  have  no  constitutional 
power  to  receive  or  to  administer  it.  I  suppose,  judging 
from  the  tenor  of  the  amendment  moved  by  the  gentleman 
from  Tennessee,  [Mr.  G.  W.  Jones,]  that  he  will  so  vote. 

Mr.  JONES.     I  certainly  shall. 

Mr.  OWEN.  Well,  sir,  though  I  share  not  the  gentleman's 
constitutional  scruples,  yet  I,  too,  if  action  in  this  matter  be 
much  longer  delayed,  shall  join  in  a  vote  to  send  back  the 
money  to  the  country  whence  it  came.  There  is  not  com- 
mon honesty  in  a  man  who  shall  receive  a  trust  fund  even 
for  an  object  the  most  indifferent,  and  then  keep  the  money 
in  his  hands,  without  applying  it  according  to  the  will  of 
the  legator.  What,  then,  shall  we  say  of  a  great  Govern- 
ment, that  accepts,  solemnly  accepts,  before  God  and  man, 
a  bequest  for  a  purpose  sacred  and  holy,  if  any  such  purpose 
there  be  upon  earth,  and  then,  indolent  or  indifferent,  so 
braves  the  just  censure  of  the  world,  so  disappoints  the  gen- 
rous  confidence  reposed  in  it,  as  to  neglect  and  postpone, 


368  CONGRESSIONAL    PROCEEDINGS. 

year  after  year,  every  measure  for  the  administration  of  that 
bequest  ? 

Delay  is  denial.  We  have  no  more  right  to  put  off,  through- 
out long  years,  the  appropriation  of  such  a  fund,  than  we 
have  to  direct  it  to  our  own  private  purposes.  Nonuse  works 
forfeiture  as  surely  as  misuse.  Mr.  Richard  Rush,  through 
whose  agency  the  fund  was  realized  and  remitted  to  this 
country,  in  a  paper  read  two  years  ago,  before  the  National 
Institute,  remarks,  that  if  this  delay  of  action  had  been  an- 
ticipated by  the  English  chancery  judges,  it  "  might  have 
forestalled  the  decree  in  our  favor,  in  the  unrestricted  man- 
ner in  which  it  was  made."  He  adds:  "It  is  at  least 
known,  that  the  English  Court  of  Chancery  is  slow  to  part 
with  trust  funds  under  any  ordinary  circumstances,  without 
full  security  that  they  will  not  be  diverted  from  their  object, 
or  suffered  to  languish  in  neglect.  That  tribunal  asked  no  such 
security  from  the  United  States.  It  would  have  implied 
the  possibility  of  laches  in  the  high  trustee." — Paper  read 
April  8,  1844. 

Thus  we  are  not  legally  accountable.  The  heavier,  for  that 
very  reason,  is  our  moral  responsibility.  The  gambler, 
beyond  the  pale  of  the  law,  commonly  retains  honor  enough 
to  meet  his  promises.  We  have  less  than  the  gainhh-r'- 
honor  if,  sheltered  behind  our  sovereignty,  we  take  advan- 
tage of  the  impunity  it  affords,  and  become  unfaithful  to  a 
high  and  imperative  duty. 

I  impute  not  to  an  American  Congress — I  attribute  not 
to  any  of  my  fellow-members — the  deliberate  intention  to 
neglect  the  objects  of  this  trust.  There  is,  doubtless  there 
always  has  been,  a  right  feeling  on  this  subject.  The  just 
cause  of  complaint  is,  that  this  right  feeling,  like  many  other 
good  intentions  in  this  world,  has  never  ripened  into  action. 
'  When  you  feel  nobly  and  intend  well,  go  and  do  some- 
thing !  Do  some  good ;  it  avails  nothing  merely  to  think 
about  it."  Such  were  the  words,  pronounced  from  yonder 
desk,  by  a  teacher  whose  impressive  eloquence  recently  filled 
this  hall.  I  thought  of  the  Smithsonian  bequest  when  I 
heard  them. 

^  Nor  is  it  difficult  to  distinguish  the  reason,  though  it  fur- 
nish no  sufficient  apology  for  this  prolonged  inaction.  It  is 
to  be  ascribed,  though  in  part  to  indifference,  yet  chiefly  to  the 
difficulty  of  selecting  between  various  and  conflicting  plans. 
The  words  of  the  will,  liberal  and  comprehensive,  do  not 
indicate  the  specific  mode  in  which  the  intentions  of  the 
testator  shall  be  carried  into  effect.  Mr.  Smithson  left  the- 
whole  of  his  property,  failing  certain  relatives,  and  an  old 


TWENTY-tflNTH    CONGRESS,    1845-47.  369 

servant,  (now  all  deceased,)  "  to  the  United  States  of  Ameri- 
ca; to  found,  at  Washington,  under  the  name  of  the  Smith- 
sonian Institution,  an  establishment  for  the  increase  and 
diffusion  of  knowledge  among  men." 

"  An  institution  for  the  increase  and  diffusion  of  knowl- 
edge among  men."  These  are  the  words,  and  the  only 
words,  that  remain  to  us  as  a  guide  in  framing  a  Smithsonian 
bill ;  our  sole  guide ;  unless,  indeed,  we  are  to  summon,  as 
a  commentary  on  the  text  of  the  will,  and  an  additional 
indication  of  the  probable  intentions  of  Mr.  Smithsou,  such 
particulars  as  have  reached  us  touching  his  private  character 
and  habits.  These  are  very  scanty.  Mr.  Rush  says : 

"  What  I  have  heard  and  may  confide  in,  amounts  to  this  :  that  he  was, 
in  fact,  the  natural  son  ol'  the  Duke  of  Northumberland ;  that  his  mother 
was  a  Mrs.  Macie,  of  an  ancient  family  in  Wiltshire,  of  the  name  of  Hun- 
gerford  ;  that  he  was  educated  at  Oxford,  where  he  took  an  honorary  degree 
in  1786  ;  that  he  does  not  appear  to  have  any  fixed  home,  living  in  lodgings- 
while  in  London,  and  occasionally  staying  a  year  or  two  at  a  time  in  cities 
on  the  continent,  as  Paris,  Berlin,  Florence,  G-enoa,  at  which  last  he  died; 
and  that  the  ample  provision  made  for  him  by  the  Duke  of  Northumber- 
land, with  retired  and  simple  habits,  enabled  him  to  accumulate  the  for- 
tune which  now  passes  to  the  United  States." — Report  277,  H.  R.,  2Qth. 
Cong.,  1st.  Sess.,  p.  99. 

Mr.  Rush  further  says  : 

"  He  interested  himself  little  in  questions  of  government,  being  devoted! 
to  science,  and  chiefly  chemistry.  This  had  introduced  him  to  the  society 
of  Cavendish,  Wollaston,  and  others  advantageously  known  to  the  Koyal 
Society  in  London,  of  which  he  was  a  member." — Ibid. 

Iii  a  "  Memoir  of  the  Scientific  Character  and  Researches; 
of  James  Smithson,"  prepared  two  years  ago  by  Professor 
Johnson,  of  Philadelphia,  there  are  enumerated  twenty- 
four  papers  or  treatises  by  Smithson,  published  in  the 
tk  Transactions  of  the  Royal  Society,"  and  other  scientific 
journals  of  the  day,  containing  contributions  chiefly  to  the 
sciences  of  mineralogy,  geology,  and,  more  especially,  min- 
eral chemistry.  Some  of  these  contain  acute  suggestions 
regarding  geological  theories,  since  confirmed  by  more  mod- 
ern observation  ;  others  evince  the  minute  care  and  accuracy 
demanded  by  quantitative  analysis  ;  while  one  or  two,  of  a 
more  humble  character,  show  that  the  man  of  science  dis- 
dained not  to  apply  his  knowledge  to  common  things,  even 
to  the  details  of  domestic  economy.  In  the  "  Annals  of 
Philosophy,"  (vol.  xxii,  p.  30,)  he  has  a  brief  tract  on  the 
"  method  of  making  coffee."  It  contains  the  following  ex- 
cellent observation  : 

"  In  all  cases  means  of  economy  tend  to  augment  and  dilVu.-i1  comfort  and! 
happiness.     They  bring  within  the  reach   of  many  what  wasteful  proceed- 
ing confines  to  the  few.      By  diminishing  expenditure  on  one  article,  they 
allow  some  other  enjoyment  which  was  before  unattainable." 
' 


oy0  CONGRESSIONAL    PROCEEDINGS. 

Even  in  a  trifle  like  this  wo  may  trace  the  utilitarian  sim- 
plicity and  practical  benevolence  of  James  Smithson. 

The  will  determines  the  name  of  the  institution,  and  ren- 
ders imperative  its  location  at  Washington.  It  decides  also, 
that  a  Smithsonian  Institution  shall  have  two  distinct  objects : 
one  to  increase  the  sum  of  human  knowledge,  the  other  to 
aid  in  its  diffusion  :  for  we  cannot  imagine  the  terms  to  have 
been  employed  as  synonymous.  From  the  character  of  the 
testator's  pursuits,  we  may  fairly  infer,  further,  that  a  Smith- 
sonian bill,  framed  in  accordance  with  the  evident  intentions 
of  Smithson  himself,  must  include  the  natural  sciences,  and 
especially  chemistry,  together  with  their  application  to  the 
useful  arts  of  life,  among  the  branches  of  knowledge  to 
be  increased  and  diffused.  And,  as  his  own  habits  were 
frugal  and  unostentatious,  so,  in  all  its  details,  should  be 
the  institution  that  bears  his  name. 

Suffer  me  now  briefly  to  pass  in  review  the  hiMory  of  our 
legislative  proceedings  in  this  matter. 

The  money  was  paid  into  the  United  States  Treasury  on 
the  1st  of  September,  lS:)s.  on  the  Hth  of  December,  of 
the  same  year,  President  Van  Buren  sent  a  message  to  Con- 
gress, informing  that  body,  that  he  had  in  July,  1838,  direc- 
ted the  Secretary  of  State  "  to  apply  to  persons  versed  in 
science,  and  familiar  with  the  subject  of  public  education, 
as  to  the  mode  of  disposing  of  the  fund  best  calculated  to 
meet  the  intentions  of  the  testator,  and  prove  most  benefi- 
cial to  mankind." 

From  the  wording  of  this  message  we  may  infer  that  Mr. 
Van  Buren  considered  the  advancement  of  science  and  of 
public  education  the  proper  object  of  a  Smithsonian  Institu- 
tion. 

He  communicated  to  Congress  the  replies  received.  A 
brief  abstract  of  the  more  important  of  these  may  be  use- 
ful and  interesting  at  this  time. 

Professor  Way  land  proposed  a  university  of  a  high  grade 
to  teach  Latin,  Greek,  Hebrew,  and  the  Oriental  languages, 
together  with  a  long  list  of  other  branches,  including  rhet- 
oric and  poetry,  intellectual  philosophy,  the  law  of  nations, 
Ac.  A  bill  substantially  based  upon  this  recommendation, 
was  introduced  in  1839,  into  the  Senate:  and,  on  the  25th 
of  February  of  that  year,  after  full  debate,  was  laid  on  the 
table  by  a  vote  of  twenty  to  fifteen. 

Dr.  Cooper  proposed  a  university,  to  be  opened  only  to 
graduates  of  other  colleges,  to  teach  the  higher  branches  of 
mathematics,  including  its  application  to  astronomy,  chem- 
istry, &c.;  also,  the  principles  of  botany  and  agriculture. 


TWENTY-NINTH     CONGRESS,    1845-47.  371 

IN"o  Latin  or  Greek;  no  mere  literature;  no  medicine  or 
law.  The  above  recommendations  in  regard  to  botany  and 
agriculture,  and  also  those  excluding  the  learned  languages 
and  professions,  have  been  adopted  in  the  present  Smithso- 
nian bill. 

Mr.  Richard  Rush  proposed  a  building,  with  grounds 
attached,  sufficient  to  reproduce  seeds  and  plants  for  distri- 
bution; a  press  to  print  lectures,  &c.;  courses  of  lectures  on 
the  leading  branches  of  physical  and  moral  science,  and  on 
government  and  public  law ;  the  salaries  to  be  ample  enough 
to  command  the  best  men,  and  admit  of  the  exclusive  devotion 
of  their  time  to  the  studies  and  investigations  of  their  posts  ; 
the  lectures,  when  delivered,  to  be  the  property  of  the  In- 
stitution for  publication.  Most  of  these  recommendations 
are  adopted  in  the  bill  before  yon.  Mr.  Rush  also  made  the 
excellent  suggestion,  that  consuls  and  other  United  States 
officers  might  greatly  aid  the  Institution  by  collecting  and 
sending  home  useful  information  and  valuable  specimens 
from  abroad. 

The  venerable  gentleman  from  Massachusetts  [Mr.  Adams] 
who  has  labored  in  this  good  cause  with  more  zeal  and  per- 
severance than  any  other  man,  expressed,  in  his  reply,  the 
opinion,  that  no  part  of  the  fund  should  be  devoted  "  to  the 
endowment  of  any  school,  college,  university,  or  ecclesias- 
tical establishment:"  and  he  proposed  to  employ  seven 
years'  income  of  the  fund  in  the  establishment  of  an  obser- 
vatory, with  instruments  and  a  small  library.  This  pro- 
posal was  afterwards,  at  no  less  than  four  different  sessions, 
incorporated  in  a  bill ;  but  failed  on  these  occasions,  among 
the  unfinished  business.  I  believe  I  am  authorized  in  say- 
ing for  the  gentleman  from  Massachusetts,  that  inasmuch 
as  these,  Iris  intentions,  have  been  since  otherwise  carried 
out,  and  as  we  have  already,  in  this  District,  a  Government 
observator}-,  at  least  equal  in  everything  but  the  experience 
of  its  observers  to  the  Royal  Observatory  at  Greenwich,  he 
has  ceased  to  press  that  proposal. 

Though  the  plan  actually  proposed  by  the  gentleman  from 
Massachusetts  was  restricted,  for  some  years,  to  an  observa- 
tory, he  yet  recognized,  as  in  accordance  with  the  language 
of  the  bequest,  "  the  improvement  of  all  the  arts  and 
sciences."  In  a  report  made  in  1840,  he  adds : 

"  A  botanical  garden,  a  cabinet  of  natural  history,  a  museum  of  miner- 
alogy, conchology,  or  geology,  a  general  accumulating  library,  are  un- 
doubtedly included  within  the  comprehensive  grasp  of  Mr.  Smithson's 
design. "—//.  R.  Report  No.  277,  26M  Cong.  1st.  Session,  p:  18. 

These  various  objects  are  all  embraced  in  the  bill  which 


372  CONGRESSIONAL  PROCEEDINGS. 

has  been  reported  to  the  House.  The  gentleman  also  rec- 
ommended, that  the  original  fund  (it  is  about  $515,000)  be 
preserved  unimpaired,  and  that  yearly  appropriations  be 
made  from  the  accruing  interest  only,  (which  will  amount, 
on  the  iirst  of  July  next,  to  about  $242,000;)  a  feature 
which  has  been  incorporated,  I  believe,  in  every  Smithso- 
nian bill  heretofore  submitted  to  Congress.  The  restrictions 
suggested  by  the  gentleman  from  Massachusetts,  have  been 
so'far  retained  in  the  present  bill  as  to  exclude  from  the  In- 
stitution "  any  school  of  law,  medicine,  or  divinity,  or  any 
professorship  of  ancient  languages." 

At  the  last  session,  a  bill  was  introduced  into  the  other 
branch  by  Senator  Tappan.  Its  plan  included  an  experi- 
mental farm,  botanical  garden,  and  conservatories  ;  cabinet  s 
of  natural  history,  a  chemical  laboratory,  a  library  with  an 
annual  appropriation  not  exceeding  five  thousand  dollars. 
scientific  lectureships,  and  an  establishment  for  printing- 
scientific  tracts  and  other  useful  treatises.  All  instruction 
to  be  gratuitous. 

This  bill  was  subsequently  so  amended  by  the  Senate,  that 
the  lectures  were  restricted  to  a  course  or  courses  to  In-  de- 
livered during  the  session  of  Congress,  at  an  expense  not 
exceeding  five  thousand  dollars  annually:  and  the  printing, 
to  a  publication  of  these  lectures;  while  the  annual  appro- 
priation for  a  library  was  to  be  "  not  less  than  twenty  thou- 
sand dollars." 

The  experimental  farm,  botanical  garden,  and  conserva- 
tories, as  well  as  the  museum,  laboratory,  and  scientific 
cabinets,  were  nominally  retained  :  hut  how  these  were  to 
be  supported,  considering  that  at  least  two-thirds  of  the  en- 
tire income  was  annually  to  be  spent  on  the  library,  does 
not  very  clearly  appear. 

This  library  plan,  as  it  was  commonly  called,  passed  the 
Senate  and  reached  our  House.  An  amendment  or  sub- 
stitute, nearly  similar  to  the  present  bill,  was  substituted  by 
myself  and  printed;  but,  in  the  hurry  of  a  short  session, 
the  whole  matter  was  left  once  more  among  the  unfinished 
business. 

As  this  Senate  bill  is  the  only  one,  establishing  a  Smith- 
sonian Institution,  that  has  yet  passed  either  'branch  of 
Congress,  its  principal  feature  demands  our  deliberate  and 
respectful  consideration. 

The  library  contemplated  by  this  bill,  it  was  express! v 
provided,  was  to  be  "  of  the  largest  class  of  libraries  now 
in  the  world."  We  shall  better  understand  both  the  object 
and  the  cost  of  this  proposal,  by  taking  as  a  commentary 


TWENTY-NINTH    CONGRESS,    1845-47.  373 

'thereon  some  of  the  remarks  with  which  it  was  introduced 
by  its  author,  then  a  distinguished  member  of  the  other 
branch,  but  no  longer  there  to  acjorn  its  debates  with  the 
gay  flowers  of  his  brilliant  eloquence. 

'He  objected  to  limiting  the  cost  of  the  library  building  to 
one  hundred  thousand  dollars ;  seeing,  as  he  reminded  the 
Senate,  that  the  "  largest  class  "  of  public  libraries  contain 
from  a  quarter  of  a  million  to  upwards  of  a  half  a  million 
of  volumes.  He  said  : 

"  Twenty  thousand  dollars  a  year  for  twenty-five  years  are  five  hundred 
thousand  dollars  ;  and  five  hundred  thousand  dollars  directly  expended,  not 
by  a  bibliomaniac,  but  by  a  man  of  sense  and  reading,  thoroughly  instruc- 
ted in  bibliography,  would  go  far,  very  far,  towards  the  purchase  of  as  good  a 
library  as  Europe  can  boast." — Speech  of  Senator  Choate,  January  8,  1845. 

He  adds,  a  little  further  on,  that  "  such  a  step  taken,  we 
should  never  leave  the  work  unfinished;"  and  that  when 
finished,  it  would  "  rival  anything  civilization  has  ever  had 
to  show,'' 

He  argues  of  the  value  and  importance  of  such  a  library 
after  this  wise : 

"  I  do  not  know,  that  of  all  the  printed  books  in  the  world,  we  have  in 
this  country,  more  than  fifty  thousand  different  works.  The  consequence 
has  been  felt  and  lamented  by  all  our  authors  and  all  our  scholars.  It  has 
been  often  said  that  Gibbon's  History  could  not  have  been  written  here  for 
want  of  books.  I  suppose  that  Hallam's  Middle  Ages,  and  his  Introduc- 
tion to  the  Literature  of  Europe,  could  not.  Irving's  Columbus  was  writ- 
ten in  Spain  ;  Wheaton's  Northmen  prepared  to  be  written  in  Copenhagen. 
See  how  this  inadequate  supply  operates.  An  American  mind  kindles  with 
a  subject ;  it  enters  on  an  investigation  with  a  spirit  and  ability  worthy  of 
the  most  splendid  achievement ;  goes  a  little  way,  finds  that  a  dozen  books 
— one  book,  perhaps — is  indispensable,  which  cannot  be  found  this  side  Got- 
tingen  or  Oxford  ;  it  tires  of  the  pursuit,  or  abandons  it  altogether,"  &c. 

And  the  Senator  branches  off,  in  his  own  brilliant  style, 
into  a  dissertation  on  the  value  and  importance  of  such  a 
library  :  "  a  vast  store-house,"  says  he;  "  a  vast  treasury  of 
all  the  facts  which  make  up  the  history  of  man  and  of  na- 
ture;" *  *  u  a  silent,  yet  wise  and  eloquent  teaeher ;  dead, 
yet  speaking;  not  dead!  for  Milton  has  told  us:  *  a  good 
book  is  not  absolutely  a  dead  thing — the  precious  life-blood 
rather,  of  a  master  spirit ;  a  seasoned  life  of  man,  embalmed 
and  treasured  up,  on  purpose  to  a  life  beyond  life.' ' 

If  the  question  were  between  a  library  and  no  library ; 
between  books  and  no  books ;  the  language  thus  employed, 
fervid  as  it  is,  would  be  all  insufficient  to  shadow  forth  the 
towering  magnitude  of  the  subject.  John  Faust — if  indeed, 
to  the  goldsmith  of  Mentz  the  world  owe  the  art  of  type- 
setting— conferred  on  his  race  a  greater  boon  than  ever 
before  did  living  man.  There  is  no  comparison  to  be  made 


374  CONGRESSIONAL    PROCEEDINGS. 

between  the  effects  of  the  art  of  printing  and  those  of  any 
other  discovery  put  forth  by  human  wit.  There  is  nothing 
to  which  to  liken  it.  It  was  a  general  gaol-delivery  of  tin- 
thoughts  of  the  world.  It  was  a  sending  forth  of  these 
winged  messengers,  hitherto  bound  down  each  in  his  own 
narrow  sphere,  emancipated,  over  the  earth.  And  that  was 
the  great  day,  not  of  Intellect  only,  but  of  Freedom  also. 
Then  was  struck  the  heaviest  blow  against  law  giving  lor 
the  mind.  The  Strombolean  Cave  was  opened;  the  long- 
pent  winds  of  opinion  set  free ;  and  no  edict-framing  .Kolns 
could  crib  and  confine  them  to  their  prison-house  again. 

Yes!  well  might  Faust  incur  the  ehargi1  of  demonocraey  ! 
for,  almost  to  the  letter,  has  his  wondrous  craft  realized,  in 
our  day,  the  fables  of  eastern  romance.  Draw  a  chair  be- 
fore your  library,  and  you  have  obtained  the  inagieal  carpet 
of  the  Arabian  tale ;  you  are  transported,  at  a  wish,  farther 
than  to  Africa's  deserts  or  India's  groves;  not  to  other 
climes  only,  but  to  other  times  also.  The  speaking  page 
introduces  you,  not  to  your  cotemporaries  alone,  but  to 
your  ancestors,  through  centuries  past.  The  best  and  tin- 
wisest  of  former  generations  are  summoned  to  your  pres- 
ence. In  books  exists  the  by-gone  world.  By  books  we  come 
into  contact  with  the  mankind  of  former  ages.  By  books  we 
travel  among  ancient  nations,  visit  tribes  long  since  extinct. 
and  are  made  familiar  with  manners,  that  have  yielded, 
centuries  ago,  to  the  innovating  influences  of  time.  Con- 
tracted, indeed,  is  his  mental  horizon,  limited  his  sphere  of 
comparison,  whose  fancy  has  never  lived  among  the  sages 
and  heroes  of  the  olden  time,  to  listen  to  their  teachings, 
and  to  learn  from  their  achievements. 

As  far  as  the  farthest,  then,  will  I  go,  in  his  estimate  oi 
the  blessings  which  the  art  of  printing  has  conferred  upon 
man.  But  such  reasoning  bears  not  on  the  proposal  em- 
braced in  the  Senate  bill.  It  substantiates  not  at  all  the 
propriety  of  spending  half  a  million,  or  two,  or  three  half 
millions  of  dollars,  to  rival  the  bibliomaniacs  of  Paris  and 
of  Munich. 

A  library  of  Congress  we  already  have  ;  a  library  of  forty 
or  fifty  thousand  volumes  ;  a  library  increasing  at  the  rate 
of  one  or  two  thousand  volumes  a  year.  The  Smithsonian 
bill  before  you  permits,  in  addition,  an  expenditure  not  ex- 
ceeding ten  thousand  dollars  a  year  for  this  object.  Say 
that  but  half  that  sum  is  annually  expended  by  the 
managers ;  and  still,  in  some  twelve  or  fifteen  years,  the  two 
libraries  will  probably  number  from  eighty  to  a  hundred 
thousand  volumes.  Are  there  a  hundred  thousand  volumes 


TWENTY-NINTH     CONGRESS,    1845-47.  375 

in  the  world  worth  reading?  I  doubt  it  much.  Are  there 
four  thousand  volumes  published  yearly  worth  buying  ?  I 
do  not  believe  there  are.  A  small  garner  suffices  to  store 
the  wheat ;  it  is  the  chaff  that  is  bulky  and  fills  up  the  store- 
house. Books  are  like  wealth.  An  income  we  must  have 
to  live ;  a  certain  amount  of  income  to  live  in  comfort. 
Beyond  a  certain  income  the  power  of  wealth  to  purchase 
comfort,  or  even  wholesome  luxury,  ceases  altogether.  How 
much  more  of  true  comfort  is  there  in  a  fortune  of  a  million 
of  dollars  than  in  one  of  fifty,  or  say  a  hundred  thousand  ?  If 
more  there  be,  the  excess  is  hardly  appreciable  ;  the  burden 
and  cares  of  a  millionaire  outweigh  it  tenfold.  And  so 
also,  of  these  vast  and  bloated  book-gatherings,  that  sleep 
in  dust  and  cobwebs  on  the  library  shelves  of  European 
monarchies.  Up  to  a  judicious  selection  of  thirty,  fifty,  a 
hundred  thousand  volumes,  if  you  will,  how  vast — yea,  how 
priceless — is  the  intellectual  wealth !  From  one  to  five 
hundred  thousand,  what  do  we  gain?  Nothing?  That 
would  not  be  true ;  a  goblet  emptied  into  the  Pacific  adds 
to  the  mass  of  its  waters.  But  if,  within  these  limits,  we 
set  down  one  book  out  of  a  hundred  as  worth  the  money  it 
costs,  we  are  assuredly  making  too  liberal  an  estimate. 

I  pray  you,  sir,  not  to  stretch  these  strictures  beyond  their 
precise  application.  I  am  not  one  of  those  who  judge  slight- 
ingly the  learning  of  the  past.  We  find  shining  forth  from 
the  dark  mass  of  ancient  literature,  gems  of  rare  beauty  and 
value ;  unequalled,  even  to-day,  in  purity  and  truth.  But, 
then,  also,  what  clouds  of  idle  verbiage  !  What  loads  of 
ostentatious  technicalities  !  It  is  but  of  late  years  that  even 
the  disciple  of  science  has  deigned  to  simplify  and  translate ; 
formerly  his  great  object  seems  to  have  been  to  obscure  and 
mystify.  The  satirist,  in  sketching  an  individual  variety, 
has  aptly  described  the  species,  when  he  says : 

"  The  wise  men  of  Egypt  were  as  secret  as  dummies, 
And  even  when  they  most  condescended  to  teach, 

They  packed  up  their  meaning,  as  they  did  their  mummies, 
In  so  many  wrappers,  'twas  out  of  one's  reach." 

But  there  are  such  noble  enterprises  as  those  of  Gibbon 
and  Hallam ;  valuable  to  all ;  doubly  valuable  to  the  moralist 
and  statesman.  And  in  regard  to  such  it  is  argued  that  if  one 
of  our  own  scholars,  fired  with  generous  ambition  to  rival  the 
historians  of  the  Old  World,  enters  on  such  a  task,  he  may 
find  that  a  dozen,  or  perhaps  a  single  book,  necessary  for  ref- 
erence, "  cannot  be  found  this  side  of  Gottingen  or  Oxford.'* 
Suppose  he  does,  what  is  the  remedy?  A  very  simple  one 
suggests  itself:  that  he  should  order,  through  an  importer 


£76  CONGRESSIONAL    PROCEEDINGS. 

of  foreign  books,  the  particular  work  which  he  lacks.  To 
save  him  the  trouble  and  expense  of  so  doing,  the  friends 
of  the  mammoth  library  scheme  propose— what  ?  That  we 
should  begin  by  expending  half  a  million  of  dollars,  which 
would  "  go  far  towards  the  purchase  of  as  good  a  library  as 
Europe  can  boast;"  that  "  such  a  step  taken,  we  should 
never  leave  the  work  unfinished  ;"  and  that,  when  finished, 
it  would  "rival  anything  civilization  has  ever  had  to 
show." 

It  is  prudent,  before  we  enter  this  rivalship,  to  count  its 
cost.  Without  seeking  to  reach  the  seven  hundred  thousand 
volumes  of  the  Parisan  library,  let  us  suppose  we  try  t< ti- 
the half  million  of  volumes  that  form  the  boast  of  Munich, 
or  fill  up  the  shelves  of  the  Bodleian.  Our  librarian  informs 
me  that  the  present  Congressional  library  (certainly  not  one 
of  the  most  expensive)  has  cost  upwards  of  three  dollars  n 
volume;  its  binding  alone  has  averaged  over  a  dollar  a  vol- 
ume. The  same  works  could  be  purchased  now,  it  is  true, 
much  more  cheaply ;  but,  on  the  other  hand,  the  rare  old 
books  and  curious  manuscripts  necessary  to  complete  a 
library  of  the  largest  class  would  raise  the  average.  Assum- 
ing, then,  the  above  rate,  a  rival  of  the  Munich  library 
would  cost  us  a  million  and  a  half  of  dollars  :  //>•  ItindiiKj  <il>nn- 
would  amount  to  a  sum  equal  to  the  entire  Smithsonian 
fund,  as  originally  remitted  to  us  from  Knghind. 

And  thus,  not  only  the  entire  legacy  which  we  have 
promised  to  expend  so  that  it  shall  increase  and  diffuse 
knowledge  among  men,  is  to  be  squandered  in  this  idle  and 
bootless  rivalry,  but  thousands  on  thousands  must  be  added 
to  finish  the  work  from  what  source  to  be  derived,  let  its 
advocates  inform  us.  And  when  we  have  spent  thrice;  the 
amount  of  Smithson's  original  bequest  on  the  project,  we 
shall  have  the  satisfaction  of  believing  that  we  may  possi- 
bly have  saved  to  some  worthy  scholar  a  hundred,  or  per- 
chance a  few  hundred  dollars,  which  otherwise  he  must 
have  spent  to  obtain  from  Europe  half  a  dozen  valuable 
works  of  reference  ! 

But  there  are  other  reasons  urged  for  this  appropriation 
of  the  Smithsonian  fund. 

"  There  is  something  to  point  to,  if  you  should  be  asked  to  account  for  it 
unexpectedly  ;  and  something  to  point  to  if  a  traveler  should  taunt  you 
with  the  collections  which  he  has  seen  abroad,  and  which  gild  and  recom- 
mend the  absolutisms  of  Vienna  or  St.  Petersburg." — Senator  C/ioate's 
Speech,  as  above. 

This  purchasing  of  a  reply  to  some  silly  traveler's  idle 
aunts,  at  a  cost  of  a  million  and  a  half  of  dollars,  includ- 


TWENTY-NINTH     CONGRESS,    1845-47.  377 

ing  a  fund  sacredly  pledged  to  human  improvement,  seems 
to  me  a  somewhat  costly  and  unscrupulous  mode  of  gratify- 
ing national  vanity.  It  is  ineffectual,  too;  unless  we  are 
prepared  to  add  a  few  millions  more,  to  buy  up — if  money 
could  buy ! — the  means  of  reply  to  other  taunts,  quite  as 
just  and  quite  as  likely  to  be  cast  up  to  us.  There  is  the 
Vatican,  with  its 

"  Statues  but  known  from  shapes  of  the  earth, 
By  being  too  lovely  for  mortal  birth." 

There  is  the  Florence  Gallery,  with  its 

"  Paintings,  whose  colors  of  life  were  caught 
From  the  fairy  tints  in  the  rainbow  wrought — " 

images  of  beauty,  living  conceptions  of  grandeur,  refining, 
cultivating,  elevating;  worth  all  the  musty  manuscripts  of 
Oxford,  ten  times  told  !  How  are  we  to  escape  the  imputa- 
tion that  our  rude  land  can  show  no  such  triumphs  of  art 
as  these?  Are  we  to  follow  Bonaparte's  plan  ?  Are  we  to 
carry  war  into  the  land  of  the  olive  and  the  vine ;  and 
enrich  this  city,  as  the  French  Emperor  did  his  capital,  with 
the  artistical  spoils  of  the  world  ?  Unless  we  adopt  some 
such  plan,  must  not  Europe's  taunts  remain  unanswered 
still  ? 

And  let  them  so  remain  !  I  share  not  the  feelings  of  the 
learned  and  eloquent  Senator  to  whose  remarks  I  have 
taken  liberty  to  reply,  when  he  says : 

"  I  confess  to  a  pang  of  envy  and  grief,  that  there  should  be  one  drop  or 
one  morsel  more  of  the  bread  or  water  of  intellectual  life  tasted  by  the 
European  than  by  the  American  mind.  Why  should  not  the  soul  of  this 
country  eat  as  good  food,  and  as  much  of  it,  as  the  soul  of  Europe." 

It  grieves  me  not,  that  the  fantastic  taste  of  some  epicure 
in  learning  may  chance  to  find,  on  the  book-shelves  of 
Paris,  some  literary  morsel  of  choice  and  ancient  flavor, 
such  as  our  own  metropolis  supplies  not.  I  feel  no  envy,  if 
we  republicans  are  outdone  by  luxurious  Europe  in  some 
high-seasoned  delicacy  of  the  pampered  soul.  Enough 
have  we  to  console  ourselves ! — objects  of  national  ambi- 
tion, how  much  higher,  how  infinitely  nobler  than  these!— 
objects  of  national  pride,  before  which  these  petty  antiqua- 
rian triumphs  dwarf  down  into  utter  insignificancy  !  Look 
abroad  over  our  far-spreading  land,  then  glance  across  to 
the  monarchies  of  the  Old  World,  and  say  if  I  speak  not 
truth ! 

I  have  sojourned  among  the  laborers  of  England;  I  have 
visited,  amid  their  vineyards,  the  peasantry  of  France;  I 
Lave  dwelt  for  vears  in  the  midst  of  the  hardy  mountain- 


378  CONGRESSIONAL    PROCEEDINGS. 

eers  of  Switzerland.  I  have  seen,  and  conversed,  and  sat 
down  in  their  cottages  with  them  all.  I  have  found  off-en 
among  them  simple  goodness;  ignorance,  oppression,  can- 
not trample  out  that.  I  have  witnessed  patience  under 
hopeless  toil,  resignation  beneath  grievous  wrongs;  I  have- 
met  with  civility,  kindness,  a  cheerful  sm'le,  and  a  ready 
welcome.  But  the  spirit  of  the  man  was  not  there! — the 
spirit  that  can  lift  up  its  brow  with  a  noble  confidence,  and 
feel  that,  while  it  is  no  man's  master,  neither  is  it  any  man's 
slave.  Between  them  and  the  favored  of  capricious  for- 
tune, one  felt— they  felt — there  was  a  great  gulf  fixed,  broad. 
impassable. 

Far  other  is  it  even  in  the  lowliest  cabin  of  our  frontier 
West.  It  is  an  equal  you  meet  there;  an  equal  in  political 
rights;  one  to  whom  honors  and  office,  even  the  highest. 
are  as  open  as  to  yourself.  You  feel  that  it  is  an  equal. 
The  tone  in  which  hospitality  is  tendered  to  you,  humble 
though  means  and  forms  may  be,  reminds  you  of  it.  rn it- 
conversation,  running  over  the  great  subjects  of  the  day, 
branching  off,  perhaps,  to  questions  of  constitutional  right, 
or  international  law,  assures  you  of  it. 

I  have  heard  in  many  a  backwoods  cabin,  lighted  but  by 
the  blazing  log  heap,  arguments  on  government,  views  ot 
national  policy,  judgments  of  men  and  things,  thai,  for 
sound  sense  and  practical  wisdom,  would  not  disgrace  any 
legislative  body  upon  earth. 

And  shall  we  grudge  to  Europe  her  antiquarian  lore,  h«  r 
cumbrous  folios,  her  illuminated  manuscripts,  the  chaff  of 
learned  dullness  that  cumbers  her  old  library  shelves?  .V 
"pang  of  envy  and  grief"  shall  we  feel?  Out  upon  it! 
Men  have  we;  a  people;  a  free  people;  self-respecting, 
self-governing;  that  which  gold  cannot  buy;  that  which 
kings  cannot  make  !  Grief!  Envy  !  Theirs  let  it  be,  who 
look  upon  this  young  land,  in  her  freshness,  in  her  strength  ! 
Let  them  feel  it  who  behold,  from  afar,  our  people  bravely 
battling  their  onward  way;  treading,  with  liberty  at  their 
side,  the  path  of  progressive  improvement  :  each  step  up- 
ward and  onward;  onward  to  the  great  goal  of  public  vir- 
tue and  social  equality. 

Equality!  I  spoke  of  our  citizens  as  equals;  equals  in 
the  sense  of  the  Declaration  of  Independence ;  equals  in 
political  privilege  ;  in  the  legal  right  to  the  pursuit  of  hap- 
piness. Equals,  in  a  restricted  sense  of  the  term,  men 
never  can  be.  The  power  of  intellect  will  command,  wbile- 
the  world  endures;  the  influence  of  cultivation  will  be  felt, 
while  men  continue  to  live  upon  earth  ;  and  felt  the  more> 


TWENTY-NINTH     CONGRESS,    1845-47.  37$ 

the  longer  the  world  improves,  the  better  men  become, 
Unequaf  then,  in  their  influence  over  their  fellows;  une- 
qual  in  the  space  they  till  in  the  world's  thoughts  ;  unequal, 
in  the  power  with  which  they  draw  after  them  the  hearts 
of  many—  thus  unequal,  to  some  extent,  men  must  ever  be, 
But  here   arises  a  great  question  ;  a  practical  question  ; 
an  inquiry  especially  '  pertinent  to  the   subject  before   us, 
The  natural  inequality  of  man  is  a  thousand  times  increased 
by  artificial  influence  throughout  society.     Is  that  well? 
or  if  not  well,  can  it  be  avoided  ?     Or  if  not  avoided,  can  it 
be  lessened  ?     I  feel  assured  that  it  can  be  much  lessened. 
I  am  not  sanguine  enough  to  believe  that  I—perhaps  not 
my  children,  even—  shall  see  the  day,  when  equality  ot  ed- 
ucation shall  prevail,  even  in  this  republican  land.     But 
hold  it  to  be  a  republican  obligation  to  do  all  that  we  prop 
erly  and  constitutionally  may,  in  order  gradually  to  reach, 
or  at  least  to  approach,  that  period.     I  hold  it  to  be  a  dem- 
ocratic duty  to  elevate,  to  the  utmost  of  our  ability,  the 
character  of  our  COMMON  SCHOOL  INSTRUCTION.     1  hold  this 
to  be  a  far  higher  and  holier  duty  than  to  give  additional 
depth  to  learned   studies,  or  supply  curious  authorit 
antiquarian  research.  .,. 

Guided  by  such  considerations,  I  incorporated  in  the  bill 
before   you,   as   one  of   its   principal   features,  a   NORMAL 
BRANCH:     This,  and  the  clause  providing  for  original  re- 
searches in  natural  science,  are  the  only  important  addition 
that  have  been  made  in  it  to  Senator  lappan  s  bill 


schools—  that  is,  schools  to  teach  ^  teachers,  to 
instruct  in  the  science  of  instruction—  are  an  improvement 
of  comparatively  modern  date.  The  first  ever  attempted 
seems  to  have  been  in  Prussia,  established  about  the  year 
1704  by  Franke,  the  celebrated  founder  of  the  Orphan 
House  of  Halle.  They  have  gradually  increased  in  num- 
ber and  favor  from  that  day  to  this,  in  all  the  more  civilized 
nations  of  Europe;  and  Mrs.  Austin,  in  her  preface  t< 
Cousin's  «  Public  Instruction  in  Prussia,"  remarks,  that 
the  progress  of  primary  instruction  in  Europe  may  be  meas- 
ured blithe  provision  made  for  the  education  of  teacliers 

A  detailed  account  of  the  Normal  Schools  of  Europe 
given  in  the  ninth  chapter  of  Professor  Baches  "Repor 
on   Education  in   Europe,"   made  to  the   Trustees   ot 
Girard  College.     Mr.  Bache  visited  Europe  under  instruc- 
tions from  the  committee  of  the  institution  ;  and  his  excel 
lent  report,  full  of  practical  details  and  accurate  statistics, 
is  a  redeeming  point  in  the  management  ot  that 


380  CONGRESSIONAL    PROCEEDINGS. 

Two  States  only  of  our  Union  have  yet  established  State 
normal  schools:  Massachusetts  and  New  York.  Mas>a- 
chusetts  has  three,  educating  in  all  about  two  hundred 
pupils  :  and  New  York  has  one,  containing  about  the  same 
number  of  students;  the  sole  object  of  both  being,  to  <>/>/- 
cafe  teachers  of  common  schools.  The  experiment  has  been 
signally  successful.  The  report  for  1844  of  the  Massachu- 
setts Board  of  Education,  says  of  one  of  their  schools,  (that 
at  Lexington) : 

"  Such  is  the  reputation  of  this  school,  that  applications  have  been  n>:i<le 
to  it  from  seven  of  cur  sister  States  for  teachers." 

And  Mr.  Horace  Mann,  Secretary  of  the  Massachusetts 
Board  of  Education,  writes  to  me  : 

"When  first  opened  in  Massachusetts  normal  schools  were  an  e.\p"ri- 
inont  in  this  country.  Like  all  new  idea-,  they  hav<-  had  .to  encounter 
serious  obstacles  ;  but  they  hav  triumphed  over  every  Bpecf  60  of  opposition, 
have  commended  themselves  more  and  more  every  year,  i<>  the  «ro<>d  -ense 
<»f  our  people,  and  we  now  have  the  pleasure,  not  only  of  seeiui;  them 
firmly  established  here,  but  of  knowinsr  that  their  >ueee>s  has  ^iven  hirth 
to  a  similar  institution  >n  the  State  of  New  York, ami  jiromi.-es  ere  l-m^  to 
do  the  same  in  other  States." 

The  normal  branch  of  the  Smithsonian  Institution  is  in- 
tended not  by  any  means  to  take  the  place  of  State  normal 
schools,  but  only  in  aid  of  them ;  as  an  institution  in  the 
same  department,  supplemental  to  these,  as  they  may 
gradually  increase  throughout  the  Union,  but  of  a  higher 
grade,  and  prepared  to  carry  forward  young  persons  who 
may  have  passed  through  the  courses  given  in  the  former, 
or  others  who  desire  to  perfect  themselves  in  the  most  use- 
ful of  all  modern  sciences,  the  humble  yet  world-subduing 
science  of  primary  education  ;  an  institution,  also,  in  which 
the  improvement  and  perfecting  of  that  republican  science 
shall  be  a  peculiar  object;  an  institution,  finally,  where  we 
may  hope  to  h'nd  trained,  competent,  and  enlightened  teach- 
ers for  these  State  normal  schools. 

As  an  essential  portion  of  this  normal  department,  pro- 
fessorships of  the  more  useful  arts  and  sciences  are  to  be  pro- 
vided for.  The  character  of  common  school  education, 
especially  in  the  northern  Atlantic  States,  is  gradually  chang- 
ing. Twenty  years  ago,  De  Witt  Clinton,  in  his  annual 
message,  expressed  the  opinion  that  in  our  common  schools 
"  the  outlines  of  geography,  algebra,  mineralogy,  agricul- 
tural chemistry,  mechanical  philosophy,  astronomy,  &c., 
might  be  communicated  by  able  preceptors,  without  essen- 
tial interference  with  the  calls  of  domestic  industry."  This 
•  opinion  is  daily  gaining  strength,  and  has  been  partially 


TWENTY-NINTH     CONGRESS,    1845-47.  381 

acted  upon  in  several  of  the  New  England  States.  In  the 
city  of  New  York,  also,  a  srnali  advance  towards  it  has  been 
already  made.  Recently  the  hoard  of  trustees  of  the  pub- 
lic  schools  in  that  city,  adopted  among  other  resolutions,  the 
following  : 

"  Resolved,  That  a  portion  of  time  not  exceeding  one  hour  a  week  be  ap- 
priated  to  employments  incident  to  elementary  instruction  in  subjects  of 
natural  science." 

In  accordance  with  these  gradually  enlarging  views,  the 
course  of  study  of  the  New  York  State  normal  schools,  as 
I  learn  by  the  printed  circular  which  I  hold  in  my  hand,  em- 
braces natural  philosophy,  chemistry,  human  physiology, 
historv,  the  elements  of  astronomy,  &c.,  in  addition  tojhe 
special  lectures  on  the  theory  and  practice  of  teaching. 
These  various  advances,  thus  sanctioned  by  public  opinion, 
indicate  that  a  normal  department  in  the  Smithsonian  In- 
stitution, to  be  worthy  of  the  age,  must  include  scientific 
courses  by  some  of  the  ablest  men  of  the  day. 

It  is  also,  by  the  bill,  specially  made  a  part  of  the  duty  of 
these  men  to  institute  scientinc  researches.  In  these,  as  we 
have  seen,  Smithson  spent  the  greater  part  of  his  life.  And 
it  cannot  be  doubted  that,  were  he  yet  alive  and  here  to-day 
to  explain  his  wishes,  original  researches  in  the  exact  sciences 
would  be  declared  by  him  a  part  of  his  plan.  With  the 
knowledge  of  his  life  and  favorite  pursuits  before  us,  and 
the  words  of  his  will  specifying  the  increase  as  well  as  the 
diffusion  of.  knowledge  for  our  guide,  it  seems  nothing  less 
than  an  imperative  duty  to  include  scientinc  research  among 
the  objects  of  a  Smithsonian  Institution. 

I  said  an  imperative  duty.  Such  is  the  nature  of  our 
obligation  to  fulfil  whatever  we  may  fairly  infer  to  have 
been  Smithson's  intentions.  This  money  is  not  ours  ;  if  it 
were  we  might  take  counsel  from  our  own  wishes  and  fan- 
cies, in  its  appropriation.  But  it  is  merely  intrusted  to  us, 
and  for  a  specific  purpose.  Mr.  Adams,  m  his  report  made 
in  1840,  well  says  : 

«  In  the  commission  of  every  trust  there  is  an  implied  tribute  of  the  soul 


.  r 

it  is  granted,  when  he  no  longer  exists  to  witness  or  to  con- 
strain the  effective  fulfilment  of  his  design. 

And  these  considerations  seem  to  me,  also,  conclusive 
against  the  great  library  plan.     In  the  first  place,  Smithson 
own  pursuits  were  scientific,  not  antiquarian.     In  the  « 


:382  CONGRESSIONAL    PROCEEDINGS. 

end,  had  he  desired  merely  to  found  a  library,  it  is  reason- 
able to  suppose  he  would  have  said  so. 

The  bill,  as  reported  to  the  House,  has  been  framed  in 
that  spirit  of  compromise  so  necessary  in  this  world  of  a 
thousand  opinions.  The  importance  of  the  chief  objects  at 
which  it  aims  will  be  conceded  by  all — the  advancement  of 
agriculture,  the  improvement  of  primary  education,  and  the 
prosecution  of  scientific  research.  And  if  even,  in  its  prac- 
tical effects,  the  plan  fall  short  of  the  anticipations  of  its 
friends,  suffer  me  to  ask  you,  what  is  the  alternative  in  the 
Senate  bill  of  last  year,  the  only  one  that  has  yet  found 
favor  enough  to  succeed  in  cither  branch  ?  Beyond  the 
library  scheme  and  the  professorship  of  agriculture,  (a  i'eai  ure 
equally  in  that  bill  and  this,)  what  is  proposed 1  Public 
lectures,  to  be  delivered  in  this  city  "during  the  sessions 
of  Congress."  Who  is  to  profit  by  these  lectures?  Let 
the  author  of  the  plan  answer: 

"  Who  would  their  audiences  bo?  Members  of  Congress,  with  their 
families;  members  of  the  Government,  with  theirs,  some  inhabitants  of 
the  city,  some  few  strangers,  who  occasionally  honor  us  with  visits  of  curi- 
osity or  business.  They  would  be  public  men,  of  mature  years  and  minds ; 
educated,  disciplined,  to  some  degree;  of  liberal  curiosity,  and  aiipnvhi- 
tion  of  generous  and  various  knowledge." — Speech  of  Senator  Choatc  as 
above. 

Here  is  a  plan  for  gratuitous  lectures  to  be  delivered  to 
members  of  Congress  and  of  the  Government,  with  their 
families;  to  some  citizens  of  Washington,  and  a  few  pass- 
ing strangers;  to  men — so  it  is  expressed — educated,  dis- 
ciplined; already  capable  of  "  appreciating  generous  and 
various  knowledge."  And  this,  as  the  mode  the  most 
effectual,  the  most  comprehensive,  the  most  just  and  equal, 
to  increase  and  diffuse  knowledge  among  men !  We  are  to 
pass  by  all  plans  that  may  reach  and  benefit  the  people,  by 
improving  their  education  and  elevating  the  character  of 
their  teachers;  all  proposals,  even,  to  scatter  broadcast 
among  them  useful  tracts,  popular  treatises ;  all  projects, 
in  short,  to  distribute  among  them  the  bread  and  water  of 
intellectual  life  wherever  these  are  craved  ;  and  we  arc  to 
adopt,  in  their  stead,  a  course  of  lectures  expressly  restricted 
to  the  sessions  of  Congress,  expressly  prepared  for  ourselves 
and  for  a  few  Government  officers  and  strangers;  a  course 
of  lectures  to  be  especially  adapted  to  an  audience  already 
favored  by  fortune  and  education — already,  as  we  are  com- 
placently told,  of  mature  minds  and  above  all  need  of 
elementary  instruction ! 

Sir,  over  the  entire  land  must  the  rills  from  this  sacred 
fountain  freely  flow;  not  to  be  arrested  and  walled  up  here, 


TWENTY-NINTH     CONGRESS,    1845-47. 

to  minister  to  our  pleasure  or  convenience.  We  greatly 
mistake,  if  we  imagine  that  our  constituents  are  indifferent 
to  the  privilege  of  drawing  from  these  waters  of  knowledge ; 
that  they  cannot  appreciate  their  fertilizing  influence.  If 
there  be  one  feeling  more  powerful  than  another  in  the 
hearts  of  the  millions  of  this  land,  even  through  its  remotest 
forests,  it  is  that  the  intellectual  cultivation  which  circum- 
stances may  have  denied  them  shall  be  secured  to  their 
children.  They  value,  sometimes  even  beyond  their  worth, 
the  literary  advantages,  by  aid  of  which  the  few  commonly 
distance  their  competitors  in  the  paths  of  emolument  and 
honor.  Ay,  and  beyond  this,  they  feel — do  we  not  all  feel  ? 
— that  we  are  not  in  temper,  in  habits,  in  feelings,  or  in  in- 
telligence, what  we  ought  to  be,  or  what  we  might  have 
been  ;  that  our  nature  was  better  than  our  education.  They 
feel — has  not  the  most  careless  among  us  felt  it  too? — that 
there  are  springs  of  virtue  within  us  that  have  seldom  been 
touched ;  generous  aspirings  that  have  scarcely  been  called 
into  action  ;  capabilities  of  improvement  that  have  hardly 
been  awakened  ;  capabilities  of  enjoyment  that  have  been 
turned  to  fountains  of  bitterness.  If  we  might  now  re- 
educate ourselves  even  from  the  cradle  upwards,  developing 
each  mental  power  and  moral  faculty,  checking  the  rising 
vice  and  cultivating  the  nascent  virtue ;  bending  the  pliant 
habit  to  reason,  and  mastering  the  evil  passions  at  its  birth 
— how  gladly  would  we  grasp  at  the  offer !  how  dearly  value 
the  privilege  !  And  what  selfishness  would  do  for  itself, 
think  you  not  that  parental  affection  desires  for  its  offspring? 
Yes,  vice  itself  desires  it !  Stronger  than  the  thirst  after 
riches  ;  deeper  than  the  craving  for  power,  springing  from 
the  best  and  most  enduring  of  human  instincts,  is  the  par- 
ent's longing  for  the  welfare  of  his  child!  Criminal  he 
may  be ;  ignorant  he  may  be ;  reckless  even  of  his  own 
character,  hopeless  of  a  reputable  standing  for  himself;  but 
his  children  !  if  brutish  excesses  have  not  utterly  quenched 
the  principle  of  good  within  him — for  them  there  is  still  a 
redeeming  virtue  in  his  soul ;  a  striving  after  better  things ; 
a  hope  that  they  may  escape  the  vices  which  have  degraded 
him ;  that  they  may  emerge  from  the  ignorance  in  which 
he  is  benighted,  if  not  to  wealth  and  honor,  at  least  to  fair 
fame  and  honest  reputation — a  credit  to  his  blighted  name, 
arid  a  comfort  to  his  declining  years. 

Such  are  the  sentiments  that  spring  up  to  meet  us  from 
among  the  people ;  shared  by  the  bad  as  well  as  the  good  ; 
universal  in  their  prevalence.  And  it  is  to  such  sentiments, 
the  best  earnest  of  progressive  improvement  in  man,  that 


384  CONGRESSIONAL    PROCEEDINGS. 

the  provisions  of  this  bill  ought,  so  far  as  the  amount  of 
the  legacy  and  the  terms  of  the  will  permit,  to  respond. 

Such  views  are  in  accordance  with  the  spirit  of  the  age, 
and  the  wants  of  the  times.  It  is  not  a  world  all  of  flowers 
and  sunshine,  this  we  live  in.  It  is  a  world,  where  thou- 
sands are  starving ;  where  tens  of  thousands  toil  to  live- 
live,  only  to  die!  It  is  a  world,  where  cruel  suffering 
exists,  where  shameful  crimes  are  committed,  where  terrible 
oppression  is  endured,  where  dark  ignorance  is  found.  It 
has  scenes  of  wrong,  and  outrage,  and  guilt,  and  woe. 
They  rise  before  us.  They  thrust  themselves  on  our  atten- 
tion. Not  to  gild,  not  to  embellish ;  a  graver,  a  sadder 
duty  is  his,  who  would  aid  in  such  a  world's  improvement. 

To  effect  permanent  good  in  such  a  world,  we  must  reach 
the  minds  and  the  hearts  of  the  masses;  we  must  diffuse 
knowledge  among  men  ;  we  must  not  deal  it  out  to  scholars 
and  students  alone,  but  even  to  Tom,  Dick,  and  Harry  ; 
and  then,  as  a  wise  and  witty  female  writer  of  the  day  ex- 
pressed it,  "  they  will  become  Mr.  Thomas,  and  Mr.  Rich- 
ard, and  Mr.  Henry."  They  may  not  become  profound 
scholars,  erudite  graduates  ; — nor  is  that  necessary.  Well 
to  know  common  things  is  the  essential.  It  is  not  elaborate 
learning  that  most  improves  the  world,  or  that  exerts  most 
influence  in  its  government.  Working  day  knowledge  is 
simple,  almost  in  the  ratio  of  its  importance;  and  Milton 
has  told  us, 

"  That  not  to  know  at  large  of  things  remote 
From  use,  obscure  and  subtle,  but  to  know 
That  which  before  us  lies,  in  daily  life, 
Is  the  prime  wisdom." 

The  ancient  masters  realized  not  these  truths.  With  the 
millions  they  had  no  sympathy.  In  private,  and  to  the  ini- 
tiated few  alone,  did  they  deign  to  unroll  the  mystical  page 
of  their  philosophy ;  they  scorned  to  expose  it  to  the  gaze 
of  the  profane  vulgar. 

Thanks  to  the  stirring  spirit  of  progressive  improvement, 
all  this,  in  our  age,  is  changed.  By  modern  teachers  the 
PEOPLE  are  spoken  of,  spoken  to,  cared  for,  instructed.  To 
the  people  the  characteristic  literature  of  the  day  is  ad- 
dressed. What  has  become  of  the  ponderous  folio,  in 
which  the  learning  of  the  Middle  Ages  used  to  issue,  to  a 
small  and  exclusive  circle,  its  solemn  ^manifesto  ?  Now  we 
have  the  slender  pamphlet,  the  popular  tract,  the  cheap 
periodical,  cast  forth  even  to  the  limits  of 'civilization,  pen- 
etrating into  every  nook  and  corner  of  the  land  ;  often 
light,  often  worthless,  but  often,  too,  instructive,  effective  ;r 


TWENTY-NINTH     CONGRESS,    1845-47.  385 

written  for  the  masses,  reaching  the  masses ;  and  awaking, 
far  and  wide,  a  consciousness  of  deficiency,  a  spirit  of  in- 
quiry, a  desire  to  know  more. 

The  people  govern  in  America.  Ere  long,  the  people 
will  govern  throughout  the  habitable  earth.  And  they  are 
corning  into  power  in  an  age  when  questions  of  mighty 
import  rise  up  for  their  decision.  They  who  govern  should 
be  wise.  They  who  govern  should  be  educated.  They 
who  decide  mighty  questions  should  be  enlightened.  Then, 
as  we  value  wise  government,  as  we  would  have  the  desti- 
nies of  our  kind  shaped  by  an  enlightened  tribunal,  let  the 
schools  of  the  people,  and  the  teachers  who  preside  in  these 
schools,  and  the  system  that  prevails  in  these  schools,  be 
our  peculiar  care. 

We  cannot  reform  the  world,  no,  nor  provide  instruction 
for  a  great  nation,  by  any  direction  given  to  half  a  million 
of  dollars.  But  something,  even  in  such  a  cause,  may  be 
effected  by  it — something,  I  devoutly  believe,  that  shall  be 
felt  all  over  our  broad  land.  The  essential  is,  that,  if  little 
we  can  do,  that  little  be  well  done — be  done  faithfully,  in 
the  spirit  of  the  trust,  in  the  spirit  of  the  age — in  a  spirit 
not  restrictive,  not  exclusive,  but  diffusive,  universal. 

Mr.  JONES  modified  his  motion  as  follows : 

Strike  out  all  the  bill  after  the  word  "be"  in  the  sixth 
line  of  the  first  section,  and  insert — 

"  Paid  by  the  Secretary  of  the  Treasury  to  the  heirs-at-law  or  next  of 
kin  of  the  said  James  Smithson,  or  their  authorized  agents,  whenever  they 
shall  demand  the  same :  Provided,  That  the  Secretary  of  the  Treasury 
shall,  in  paying  over  said  money  as  herein  directed,  deliver  to  said  heirs  all 
State  bonds  or  other  stocks  of  every  kind  which  have  been  purchased  with 
said  money,  or  any  part  thereof,  in  lieu  of  so  much  of  said  money  as  shall 
have  been  so  invested  in  State  bonds  or  other  stocks.  And  the  balance  of 
said  sum  of  money,  if  any,  not  so  invested,  shall  be  paid  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated." 

Mr.  G.  W.  JONES  said  it  was  not  his  purpose  to  make  a 
speech  on  this  occasion ;  but  believing,  as  he  did,  that  this 
whole  matter  was  wrong ;  that  this  Government,  in  the 
first  instance,  had  no  right  and  no  power  to  accept  of  this 
trust  fund,  he  was  in  favor  of  returning  the  amount  of  the 
money  or  of  the  stocks  in  which  that  money  has  been  in- 
vested, to  the  heirs-at-law  or  next  of  kin  of  the  late  Mr. 
Smithson,  whenever  they  shall  make  the  demand  of  the 
Government.  He  admitted  the  right  of  the  Government 
"  to  borrow  money"  under  the  constitution,  but  denied 
that  it  had  any  particle  of  power  to  deal  in  stocks  or  to> 
loan  money.  We  had  no  power  either  to  receive  this 
money  in  the  first  instance,  or  to  invest  it  in  State  stocks 
25 


386  CONGRESSIONAL    PROCEEDINGS. 

and  fund  it,  as  this  bill  proposed  to  do,  in  perpetuity  upon 
the  Government.  He  wanted  to  create  no  such  debt  upon 
this  Government,  He  was  satisfied  that  his  constituents 
desired  no  such  debt  funded — no  such  burden  imposed  upon 
them. 

But  waiving  the  objection  of  the  want  of  power  on  the 
part  of  the  Government,  he  was  still  opposed  to  the  estab- 
lishment of  an  institution  like  that  proposed  in  the  bill 
under  the  direction  and  patronage  of  the  Government  of 
the  United  States.  He  would  be  the  last  man  on  this  iloor 
to  say  or  do  anything  on  this  floor  or  elsewhere  to  obstruct 
the  enlightenment  and  education  of  the  people  ;  he  was  as 
thoroughly  satisfied  of  the  benefits  of  education  as  any- 
body, but  he  could  not  sanction  the  establishment  of  such 
an  institution  under  the  direction  of  the  Government  of 
the  United  States.  Where  might  it  end?  What  might 
such  an  institution  come  to  be  in  the  course  of  events  ? 
This  $513,000  was  to  be  funded  at  six  per  cent,  interest  for- 
ever. Was  there  a  friend  of  this  measure:  was  there  one 
who  had  reflected  for  a  moment  on  the  proposition,  who 
believed  that  when  once  established  they  would  stop  at  tin- 
appropriation  of  this  six  per  cent,  interest  annually  for  its 
support  ?  It  was,  in  his  opinion,  nothing  more  than  the 
entering  wedge  to  fastening  upon  the  United  States  an 
institution  the  expenses  and  appropriations  for  which  would 
be  augmented  at  almost  every  session  of  Congress. 

It  was  neither  the  right,  the  power,  or  the  true  policy  of 
the  Government  to  attempt  to  rear  up  here  in  the  city  of 
Washington  an  institution  for  the  education  of  school 
teachers,  of  agricultural  professors,  &c.,  to  send  out  into  the 
country.  There  was  too  great  a  tendency  to  centralization 
in  this  Government  already,  in  his  opinion.  The  legitimate 
and  appropriate  sphere  of  this  Government  was  to  take 
care  of  our  concerns  with  foreign  Powers,  leaving  our  do- 
mestic laws  and  regulations  to  be  made  by  the  State  Legis- 
latures. Every  measure  of  this  kind  had  the  tendency  to 
make  the  people  throughout  the  country  look  more  to  this 
great  central  power  than  to  the  State  Governments. 

He  had  not  risen  for  the  purpose  of  making  a  speech, 
but  of  submitting  a  few  remarks  in  explanation  of  his 
amendment. 

Mr.  SAWYER  (Mr.  J.  giving  way)  said  the  gentleman's 
proposition,  if  he  understood  it  aright,  was  to  refund  this 
money  to  the  heirs  of  Smithson.  Now  he  was  well  informed 
that  Mr.  Smithson  had  no  heirs  whatever.  And  if  such 


TWENTY-NINTH     CONGRESS,    1845-47.  387 

the  fact,  he  wished  to  ask  of  the  gentleman  how  his 
amendment  could  be  made  operative  ? 

Mr.  JONES  replied  that  certainly,  if  he  never  had  heirs,  it 
would  he  difficult  to  find  them.  But  he  understood  that, 
though  he  had  no  children,  he  had  a  brother,  who  was  once 
in  this  country ;  and  his  amendment  proposed  to  refund 
this  money  to  the  heirs  or  next  of  kin  of  James  Smithson. 

In  conclusion,  he  remarked  that,  if  his  proposition  failed, 
and  this  Smithsonian  Institution  was  to  be  established,  he 
should  then  be  in  favor  of  handing  over  the  State  stocks, 
which  were  purchased  by  this  money,  to  the  managers  of 
the  Institution,  and  of  letting  them  conduct  it  independently 
of  the  Government.  And,  voting  for  this  proposition,  all 
that  related  to  the  establishment  of  a  body  politic  and  cor- 
porate, he  should  also  wish  to  have  stricken  out,  for  he 
would  vote  for  the  establishment  of  no  corporation  by  this 
Government. 

Mr.  J.  R.  INGERSOLL  expressed  his  favor  for  the  general 
features  of  the  bill,  but  before  entering  upon  the  direct  ques- 
tion, he  directed  a  few  remarks  to  the  amendment  of  Mr. 
Jones,  which  he  considered  entirely  futile,  as  far  as  any  idea 
of  refunding  the  money  to  heirs  was  concerned,  inasmuch 
as  it  was  ascertained  beyond  doubt  that  Mr.  Smithson  had 
no  heirs  or  next  of  kin.  He  had  had  one  son,  who  died 
during  his  minority;  and  thereupon  this  Government,  as 
the  residuary  legatee,  came  in  possession  of  the  property  in 
legal  form  from  the  attorneys  in  chancery  of  the  executors 
of  Mr.  Smithson,  at  London.  This  amendment,  if  carried 
out  into  a  law,  therefore,  would  result  in  working  a  for- 
feiture of  the  funds  to  the  British  Government.  But  Mr. 
Ingersoll  contended,  that  as  we  had  received  it  by  solemn 
act  of  Congress,  and  retained  it  for  eight  long  years,  it  was 
now  binding,  on  the  ground  of  faith,  honor,  and  duty,  to 
appropriate  it  in  the  manner  designed  by  the  testator  him- 
self; and  the  fact  that  this  fund  had  been  invested  by  the 
Treasurer  of  the  United  States,  under  direction  of  Congress, 
in  Arkansas  stocks,  did  not  affect  this  question  in  any  respect; 
the  Government  of  the  United  States  being  always  responsi- 
ble for  the  restoration  of  this  fund,  and  the  devotion  of  it  to 
the  proper  objects.  The  fund  was  sacred  in  the  treasury  of 
the  United  States  at  this  moment,  and  they  were  pledged, 
every  one  of  them,  to  redeem  it. 

And  the  true  question  now  presented  was,  what  were  the 
intentions  of  the  donor? 

Mr.  INGERSOLL  here — in  reference  to  an  allusion  by  Mr. 
Owen  to  the  Girard  fund — went  into  an  explanation,  at  some 


388  CONGRESSIONAL   PROCEEDINGS. 

length,  of  the  circumstances  and  restrictions  of  that  legacy, 
the  manner  in  which  it  had  been  expended,  &c.,  stating  that 
the  reason  why  the  school  had  not  ere  this,  partially  at  least, 
gone  into  operation,  was  an  unfortunate  proviso  placed  by 
Mr.  Girard  in  his  will,  that  none  of  the  orphans  intended 
to  be  benefited  should  be  received  and  educated,  until  the 
entire  five  buildings  were  fully  completed  according  to  the 
plan  prescribed  by  him.  Upon  this  point  Mr.  I  yielded  to 
Mr.  Owen  for  explanation. 

Recurring  to  the  position  that  the  fact  that  this  fund 
might  have  been  invested  by  the  act  of  the  Government 
itself  in  Arkansas  stocks  principally,  and  to  a  small  extent 
in  the  stocks  of  Ohio,  Illinois,  and  Michigan,  in  no  manner 
diminished  its  accountability  for  the  amount  of  its  obliga- 
tion to  appropriate  in  accordance  with  the  intention  of  Mr. 
Smithson. 

Mr.  VINTON  interposed,  and  said,  if  any  portion  of  it  was 
invested  in  Ohio  bonds,  of  which  he  was  not  before  aware, 
the  interest  on  them  would  be  regularly  paid. 

Mr.  YELL  also  (speaking  for  Arkansas)  said  we  are  ready 
to  settle  at  any  time. 

Mr.  INGERSOLL.  I  have  no  doubt  of  it. 

Mr.  YELL,  (in  reply  to  another  remark  of  Mr.  INGERSOLL, 
not  heard  by  the  reporter.)  Whenever  we  can  bring  the 
Treasury  of  the  United  States  to  a  settlement,  then  we  will 
talk  about  it. 

Mr.  INGERSOLL  (resuming)  said  he  concurred  in  the  gen- 
eral views  of  Mr.  OWEN,  especially  as  at  the  conclusion  of 
the  bill  there  was  a  section  authorizing  Congress  to  make 
such  changes  as  from  time  to  time  it  might  deem  expedient. 

There  was  one  object  which  he  thought  the  gentleman 
had  overlooked.  He  had  properly  provided  against  the 
error  of  the  Girard  will,  by  providing  that  this  institution 
should  go  into  operation  on  the  1st  September  next  after 
the  passage  of  the  law,  as  it  could  go  into  operation  for 
many  of  its  purposes  immediately.  But  instead  of  waiting 
the  slow  process  of  gathering  materials  of  instruction,  he 
intended,  by  an  amendment  at  the  proper  place,  to  pro- 
pose that  the  results  of  the  exploring  expedition,  and  the 
articles  of  the  National  Institute,  many  of  which  were  now 
being  injured  for  want  of  a  proper  place  of  deposit,  and 
both  which  were  the  property  of  the  Government,  should 
be  placed  in  the  Smithsonian  Institution,  until  there  should 
be  substituted  for  them  articles  collected  by  that  institution 
itself. 

lie  agreed  with  Mr.  OWEN  that  a  great  library,  such  as 


TWENTY-NINTH     CONGRESS,    1845-47.  389 

"tvas  provided  for  in  the  bill  which  passed  the  Senate  two 
years  ago  was  not  desirable;  and  said  that  the  necessary 
buildings  to  contain  the  greatest  library  in  the  world  would, 
in  its  own  erection,  exhaust  the  entire  sum.  This  Capitol 
itself  would  not  be  sufficient  to  contain  eight  hundred 
thousand  volumes,  which  would  be  the  largest  library  in  the 
world,  so  properly  arranged  as  to  be  accessible.  A  library 
was  not  the  object  of  Mr.  Smithson  ;  but  that  it  should 
cover  general  ground,  in  which  all  objects  of  science  (if 
possible)  should  be  included,  and  among" the  rest,  he  agreed 
with  the  bill  in  the  propriety  of  appropriating  a  part  of  the 
annual  fund  to  the  preparation  of  instructors,  to  be  sent  out 
throughout  the  whole  country.  He  would  also  appropriate 
a  part  of  the  fund  to  the  defraying  the  expenses  of  the 
delivery  of  annual  lectures  by  our  most  distinguished  men, 
at  different  points  throughout  the  country  for  scientific  in- 
struction. 

Mr.  Ingersoll  gave  some  other  general  views,  approving 
decidedly  the  object  of  the  institution,  and  warmly  urging 
the  bounden  duty  of  Congress  to  apply  it  according  to  the 
intentions  of  Mr.  Smithson,  and  to  discharge  the  obliga- 
tions imposed  upon  it  by  the  acceptance  of  this  trust. 

Mr.  G.  W.  JONES  modified  his  amendment  by  inserting 
after  the  words  "  next  of  kin,"  the  words  "  or  residuary 
legatee." 

"Mr.  STANTON  next  addressed  the  committee,  as  follows  : 

Mr.  CHAIRMAN  :  It  has  been  a  matter  of  very  general 
complaint,  that  there  has  been  great  delay  in  performing 
the  trust  imposed  upon  this  Government  by  its  acceptance 
of  the  Smithsonian  bequest,  Whether  this  complaint  be 
well  or  ill  founded,  all  will  agree  that  the  time  has  now 
arrived  for  decisive  action,  and  that  the  honor  and  good 
faith  of  the  Government  require  a  speedy  application  of  the 
fund  to  its  destined  purpose. 

Very  nearly  eight  years  have  elapsed  since  the  magnifi- 
cent sum  of  half^a  million  of  dollars,  sanctified  by  the  will 
of  James  Smithson  to  the  humane  purpose  "  of  increasing 
and  diffusing  knowledge  among  men,"  has  been  received 
into  the  Treasury  of  the  United  States. 

But  if  this  delay  is  to  be  regretted  on  some  accounts,  at 
least  one  great  advantage  has  accrued  :  the  interest  of  the 
fund  has  accumulated  to  such  an  amount  that  every  neces- 
sary building  for  the  complete  accommodation  of  a  most 
extensive  institution  may  be  immediately  constructed  with- 
out any  diminution  of  the  original  sum.  That  will  remain 
.untouched,  the  fruitful  source  of  perpetual  supply  and  sup- 


390  CONGRESSIONAL    PROCEEDINGS. 

port  for  the  beneficent  establishment  which  may  be  created 
by  the  bill. 

Besides,  sir,  during  this  long  period  of  delay,  many  plans 
have  been  suggested  and  discussed,  some  learned  reports 
have  been  made  in  this  House  and  in  the  Senate,  and  the 
public  attention  has  been  so  engaged  upon  this  interest! ng 
subject,  that  we  are  now  doubtless  prepared  to  dispose  of  it 
intelligently,  and  in  a  manner  which  will  fully  meet  the 
high  'and  liberal  purposes  of  Mr.  Smithson.  There  is  no 
longer  any  justification  for  delay.  Everything  is  ready. 
awaiting  our  action,  and  the  wise  and  benevolent  in  all 
quarters  are  anxiously  expecting  us  to  perform  our  solemn 
duty  in  reference  to  this  noble  bequest. 

But  there  is,  at  this  peculiar  juncture  in  our  affairs,  still 
another  consideration  strongly  appealing  to  the  national 
honor,  and  urging  the  immediate  disposition  of  the  fund, 
according  to  the  will  of  the  donor.  James  Smithson  was 
an  Englishman.  Yet  he  passed  by  his  own  powerful  and 
splendid  Government — one  which  lias  never  failed  or  refused 
to  contribute  liberally  to  the  cause  of  science — and  selected 
our  plainer  and  simpler  institutions  as  the  more  appropriate 
depository  of  the  sacred  trust  to  which  he  devoti-d  the 
whole  of  his  large  fortune.  Our  relations  with  England  at 
the  present  moment,  are  thought  to  be  very  critical .  I  do 
not  anticipate  war.  I  have  little  fear,  that  two  enlightened 
nations,  whose  interests  are  deeply  involved  in  the  mainten- 
ance of  peace,  will,  in  the  nineteenth  century,  rush  into  a 
sanguinary  and  destructive  war,  even  upon  so  grave  a  ques- 
tion as  that  which  now  disturbs  them.  Yet,  there  are 
many  who  look  upon  the  present  crisis  with  more  serious 
fears  ;  and  all  must  acknowledge  that  war  is  possible — that 
very  slight  mismanagement,  on  either  side,  might  lead  to 
that  disastrous  end.  Now,  if  war  should  take  place,  it 
would  be  most  dishonorable  to  our  Government,  that  a 
large  fund,  given  by  a  benevolent  foreigner  to  found  an  in- 
stitution of  the  most  peaceful  and  beneficent  character, 
should  remain  in  the  Treasury  and  be  used  to  carry  on  war 
against  the  very  nation  from  whom  the  charitable  gift  was 
received.  I  hope,  sir,  we  shall  avoid  the  possibility  of  such 
humiliation,  by  adopting  the  measure  before  us  without 
delay.  Should  we  fail  to  do  so,  and  hostilities  occur,  the 
omission  will  never  cease  to  be  the  fruitful  source  and  occa- 
sion of  those  bitter  attacks  upon  our  honesty  and  the  moral 
tendency  of  our  institutions,  which  have  long  filled  the 
pages  of  English  periodicals,  and  the  journals  of  English 
travelers.  Their  denunciations,  then,  would  have  a  much 


TWENTY-NINTH     CONGRESS,    1845-47.  391 

better  foundation  than  they  usually  have.  "We  should  be 
somewhat  at  a  loss  to  repel  them.  The  ordinary  charge  of 
faithlessness  and  repudiation  of  pecuniary  liabilities  would 
be  nothing  in  comparison  ;  this  would  be  the  gross  violation 
of  a  sacred  trust,  which  no  circumstance  could  palliate,  no 
emergency  could  justify. 

I  intend,  Mr.  Chairman,  to  support  the  bill  in  its  present 
form.  There  is,  doubtless,  a  wide  field  for  the  selection  of 
means  to  accomplish  the  great  design  unfolded  in  the  com- 
prehensive words  of  Mr.  Smithson's  will.  Any  plan  which 
may  be  adopted  for  the  attainment  of  this  end,  must  neces- 
sarily be  the  result  of  compromise;  for  it  is  not  to  be 
expected  that  any  two  minds,  acting  separately,  would 
arrive  at  the  same  conclusion  upon  this  important  subject. 
I  understand  this  bill  to  have  been  thus  framed  by  the  com- 
mittee which  reported  it.  As  a  result  of  the  conflicting 
opinions  of  wise  and  experienced  men,  harmonized  by  com- 
parison, discussion,  and  mutual  concession,  it  is  entitled  to 
very  high  respect.  But  I  think  its  intrinsic  merits  will  be 
found  to  be  its  most  imposing  recommendation. 

Before  attempting  to  notice  the  provisions  of  the  bill,  I 
will  refer  briefly  to  an  objection,  which,  if  valid,  would  be 
paramount  to  all  other  considerations.  It  was  with  surprise 
and  regret,  that  I  heard  the  objection  of  my  colleague, 
(Mr.  Jones,)  to  this  bill  on  the  ground  of  unconstitution- 
ality.  I  would  have  regretted  opposition  upon  such  grounds 
from  any  quarter  ;  but  much  more  when  it  comes  from  my 
own  State.  I  would  have  preferred  that  Tennessee  should 
have  occupied  a  different  position. 

My  honorable  colleague  insists  that  the  Government 
ought  not  to  have  accepted  the  trust,  and  that  the  money 
ought  now  to  be  restored.  It  is  true  the  United  States 
were  not  bound  to  accept  the  trust.  They  might  have  re- 
jected Mr.  Smithson's  magnificent  donation,  and  deprived 
the  American  people  of  the  rich  blessings  which  may  now 
be  conferred  upon  them  by  its  wise  and  faithful  use.  But 
better  counsels  prevailed;  they  did  accept  it  by  a  law  of 
Congress ;  and  in  so  doing,  they  assumed  a  solemn  obliga- 
tion to  apply  the  fund  according  to  the  will  of  the  testator. 
The  faith  of  the  Government  is  pledged — it  is  doubly 
pledged — first,  by  receiving  the  money  and  retaining  it 
eight  years,  with  an  express  agreement  to  apply  it  faith- 
fully ;  and,  secondly,  by  the  very  nature  of  the  sacred  ob- 
jects to  which  the  trust  is  directed,  so  binding  and  obliga- 
tory in  their  high  demand  upon  the  honor  of  the  nation, 


'392  CONGRESSIONAL    PROCEEDINGS. 

that  it  would  be  sacrilege  and  barbarism  to  repudiate  the 
claim. 

I  do  not  propose  to  enter  the  field  of  constitutional  dis- 
cussion. That  is  a  hackneyed  subject,  arid  I  am  sure  tin- 
occasion  does  not  require  that  line  of  argument.  Nothing, 
sir,  more  clearly  demonstrates  the  utter  impracticability  and 
absurdity  of  those  extreme  opinions  upon  constitutional 
questions,  sometimes  advocated  here,  than  the  opposition, 
on  such  grounds,  to  the  measure  now  before  us.  The  com- 
mon and  general  judgment  of  the  people,  the  united  and 
almost  universal  concurrence  of  politicians  of  all  class*  <, 
unhesitatingly  discard  and  condemn  the  narrow  and  illib- 
eral sentiment.  An  institution  of  the  greatest  importance, 
most  beneficial  to  the  people  of  this  country,  founded  not 
with  funds  exacted  by  taxation,  but  built  upon  the  liber- 
ality of  a  distinguished  foreigner,  who  has  so  far  sanctioned 
our  political  structure  as  to  confide  to  it  the  execution  of  a 
sacred  trust  for  the  benefit  of  the  human  race — this  institu- 
tion, located  within  a  territory  over  which  Congress  has 
exclusive  jurisdiction,  surely  cannot  involve  the  exercise  of  a 
power  unauthorized  by  the  Constitution,  or  in  the  slightest 
degree  dangerous  to  the  integrity  of  our  political  princi- 
ples. Mr.  Smithson  was  not  wrong  in  supposing  this  Gov- 
ernment possessed  the  power  to  convey  to.  its  people  a 
gratuitous  benefit  of  the  first  magnitude.  His  benevolent 
design  will  not  be  frustrated  by  this  imaginary  impedi- 
ment; for  I  do  not  dream  that  it  can  interpose  even  a 
momentary  obstacle  to  the  passage  of  the  bill. 

It  will  not  be  denied  that  this  large  fund,  properly  applied, 
may  be  made  the  instrument  of  much  good.  The  benefit 
will  be  enjoyed  primarily  and  peculiarly,  if  not  entirely,  by 
our  own  people.  Its  indirect  influence,  it  is  to  be  hoped, 
will  hereafter  extend  abroad  ;  but  it  is  chiefly  here  that  its 
benign  effects  are  to  be  felt  as  long  as  the  institution  shall 
exist.  It  ought,  then,  to  be  an  object  of  great  care,  and  of 
peculiar  interest  to  the  Government.  All  necessary  arrange- 
ments should  be  liberally  made,  and  with  the  wisest  possi- 
ble adaptation  to  the  great  end  in  view. 

One  of  the  preliminary  provisions  of  the  bill  transfers 
the  whole  fund  to  the  Treasury,  and  requires  the  Govern- 
ment to  assume  the  perpetual  payment  of  interest,  at  the 
rate  of  six  per  cent,  per  annum.  "  This  is  certainly  a  very 
slight  contribution,  yet  inconsiderable  as  this  responsibility 
may  be  on  the  part  of  the  Government,  and  by  no  means 
to  be  named  as  a  donation,  or  even  as  a  favor,  when  it  is 
considered  that  the  fund  is  a  gift  to  the  country,  it  is  never- 


TWENTY-NINTH     CONGRESS,    1845-47.  393 

theless  a  matter  of  the  first  importance  to  the  institution 
itself.  It  secures  for  it  a  permanent  support,  and  places  its 
revenues  beyond  the  power  of  any  contingency.  No  one, 
I  presume,  except  my  colleague,  will  object  to  this  provi- 
sion. By  adopting  it,  the  United  States  will  evince  a  dis- 
position to  fulfill  the  high  trust  they  have  assumed  in  a 
spirit  of  liberality  and  justice  somewhat  worthy  of  the 
great  object  sought  to  be  accomplished. 

But  while  the  Government  will  contribute  in  this  small 
way  to  the  institution,  it  will  receive  a  direct  compensation 
which  far  more  than  balances  the  sacrifice  made.  The  bill 
proposes  to  appropriate  a  portion  of  the  public  grounds  in 
this  city  for  the  buildings  and  gardens  necessary  for  the 
establishment.  Handsome  yet  useful  structures  will  be 
erected,  and  the  cultivation  of  the  grounds  will  render 
them  beautiful  and  attractive,  while  they  may  still  be  acces- 
sible to  the  harmless  examination  and  enjoyment  of  the 
public.  All  this  will  be  done  out  of  the  Smithsonian  fund ; 
and  the  expense  which  the  government  would  otherwise 
incur  by  carrying  out  the  original  plan  of  the  city  as  designed 
lay  Washington,  will  be  avoided,  while  all  its  desirable  ad- 
vantages will  be  obtained.  The  benefit  will  be  mutual  to 
the  Government  and  to  the  institution. 

So  also  in  regard  to  the  transfer  of  the  specimens  of 
natural  history,  of  minerals,  and  other  scientific  and  curi- 
ous objects  now  in  possession  of  the  Government,  and  kept 
at  the  Patent  Office.  The  exhibition  and  preservation  of 
these  things  are  now  the  source  of  some  expenditure. 
When  they  shall  be  transferred,  as  proposed  in  this  bill, 
this  expenditure  will  cease,  or  be  removed  from  the  public 
Treasury,  to  the  fund  of  the  institution.  They  will  be 
equally  subject  to  public  examination,  while  they  will  be 
made  to  answer  a  more  useful  end,  as  constituting  the  basis 
of  instruction  for  able  and  scientific  professors. 

My  remarks,  so  far,  Mr.  Chairman,  relate  only  to  some 
unimportant  preliminary  arrangements,  not  affecting  the 
general  scope  and  design  of  the  proposed  institution.  These 
must  now  be  examined ;  and  I  propose  to  do  it  with  refer- 
ence to  the  probable  design  of  Mr.  Smithson,  to  be  inferred 
from  his  own  pursuits  and  character  of  mind — from  his 
selection  of  our  Government  to  execute  his  will,  and  from 
the  language  in  which  he  has  expressed  his  intentions. 

I  do  not  propose  to  enter  upon  any  biographical  sketch 
of  Mr.  Smithson,  or  to  go  into  a  history  of  his  philosophi- 
cal labors.  I  will  merely  state  what  has  been  truly  said  by 
the  gentleman  from  Indiana,  (Mr.  Owen,)  that  he  was 


394  CONGRESSIONAL    PROCEEDINGS. 

ardently  devoted  to  science,  and  that  his  pursuits  were  emi- 
nently practical  and  utilitarian  in  their  character.  The 
physical  sciences,  in  their  application  to  the  useful  arts- 
mineralogy,  geology,  and  chemistry,  in  its  application  to 
agriculture,  constituted  his  chief  employments.  His  inves- 
tigations are  referred  to  and  quoted  with  respect  by  the 
great  German  chemist,  Leibig. 

It  is  more  than  probable  that  one  whose  mind  was  con- 
stantly occupied  with  these  subjects,  and  filled  with  the 
visions  of  rich  promise  which  must  be  realized  in  their 
future  investigations,  when  munificently  endowing  an  insti- 
tution for  increasing  and  diffusing  knowledge  among  men, 
looked  particularly  to  those  sciences  which  will  be  most 
fruitful  in  great  results,  and  to  which,  on  that  account,  he 
himself  was  deeply  devoted.  It  is  precisely  these  sciences, 
and  these  applications  of  them,  which  I  understand  this  bill 
to  be  designed  and  calculated  to  promote. 

Nor  was  it  strange,  sir,  that  with  such  sentiments  and 
such  designs,  Mr.  Smithson  should  have  selected  our  Gov- 
ernment as  the  instrument  to  accomplish  his  objects.  Al- 
though it  must  be  acknowledged  that  this  Government  lias 
heretofore  contributed  little  or  nothing  to  the  advancement 
of  science  by  any  direct  aid  or  encouragement — and  al- 
though the  points  at  which  it  even  conies  in  contact  with 
the  scientific  world  are  extremely  few,  and  it  is  felt  to  be  a 
great  desideratum  that  these  connections  should  be  in- 
creased— yet  Mr.  Smithson  had  the  penetration  to  discover 
that  the  United  States  are  the  foremost  people  of  the  world 
in  the  facility  of  adapting  themselves  to  the  progressive  im- 
provements of  the  age.  No  other  people  are  now  making 
such  rapid  strides  in  the  application  of  science  to  the  groat 
purposes  of  human  industry.  This  tendency,  so  very 
marked  at  the  present  day,  is  doubtless  the  result  of  our 
free  institutions,  giving  untrammelled  scope  and  powerful, 
motive  to  the  energies  of  the  individual  man — no  longer 
making  the  citizen  subservient  to  the  power  and  glory  of 
the  Government,  but  using  the  latter  as  a  mere  instrument 
to  protect  the  rights  and  promote  the  welfare,  improvement, 
and  happiness  of  the  former.  The  olden  philosophers  con- 
sidered it  a  prostitution  of  the  sacred  character  of  science 
to  direct  it,  in  any  degree,  to  the  material  interests  of  man. 
In  modern  times  the  sentiment  is  justly  reversed;  and  that 
philosophy  which  does  not  contribute  to  the  useful  pursuits 
of  life,  is  considered  of  comparatively  little  value.  In  this 
age,  and  in  this  country,  the  new  application  of  philosophy 
is  exhibiting  its  most  glorious  results,  and  giving  promise? 


TWENTY-NINTH     CONGRESS,    1845-47.  305 

in  the  future  of  still  more  wonderful  improvements.  Doubt- 
less, it  was  this  tendency  of  our  institutions,  and  the^eftec1 
not  obscurely  marked  out  in  the  amazing  energy  and  inven- 
tive power  of  our  people,  which  induced  the  wise  and 
benevolent  Smithson  to  select  this  Government  as  the  agent 
for  accomplishing  his  will.  It  is  not  difficult  to  discover 
that  this  condition  of  the  people,  the  result  of  our  peculiar 
political  institutions,  will  reflect  back  its  influence  upon  the 
government,  and  infuse  a  portion  of  its  energetic  and  en- 
lightened spirit  into  all  its  departments.  We  have  already 
seen  some  such  result.  Some  operations  of  an  important 
scientific  character  have  of  late  been  undertaken  by  the 
direct  application  of  the  national  power. 

First  in  importance  among  these,  has  been  the  establish- 
ment in  this  city  of  the  Observatory,  connected  with  the- 
hydrographical    department  of  that    nondescript  fire-and- 
water  "bureau  of  ordnance  and  hydrography.      .  believe  t 
interesting  establishment  has  grown  up  gradually  from  the 
very  necessity  of  the  case,  and  without  any  direct  authority 
looking  immediately  to  such  a  result.     And,  in  the  estima- 
tion of  some,  it  seems  still  to  be  considered  a  very  unim- 
portant concern;  for  I  have  seen  a  bill  lately  reported  in 
the  Senate,  proposing  to  detach  the  establishment  from  the 
bureau  of   ordnance,  and  connect  it  with  that  ot   yards 
and  docks,  thus  bringing  the  erection  of  ship-houses,  toun- 
dries,  and  work-shops,  into  juxtaposition  and  intimate  re  a- 
tion  with  the  most  delicate  and  difficult  observations  ot  the 
heavenly   bodies,   and  the   most  intricate   calculations   ot 
astronomy.     This  classification  is  probably  founded  upon 
the  similiarity  supposed  to  exist  between  the  whee  s  of  a 
steam  engine  and  the  rings  of  Saturn,  or  the  bands  ot  a 
lathe  and  the  belts  of  Jupiter.     The  Naval  Committee  of 
the  House,  however,  have  not  had  the  penetration  to  see 
these  very  recondite  points  of  connection,  and  they  have 
proposed  to  erect  a  separate  bureau  of  hydrography,  placing 
the  astronomical  and  hydrographical  operations  of  the  Gov- 
ernment upon  the  most  permanent,  useful,  and  independent 
basis.     If  there  be  any  branch  of  the  public  service  worthy 
of  this  advantage,  it  is  that  which  is  now  so  well  and  ell 
ciently  conducted  by  Lieutenant  M.  F.  Maury. 

Heretofore,  our  astronomical  knowledge  has  been  chiefly 
derived  from  foreign  nations.  We  have  used  the  English 
nautical  almanac,  and  our  vessels  have  been  guided  upon 
the  broad  ocean  by  observations  and  tables  prepared  by  our 
rivals  and  adversaries  in  all  commercial  enterprise.  We 
have  contributed  nothing  whatever  to  this  branch  of  science,. 


39G  CONGRESSIONAL    PROCEEDINGS. 

useful  as  it  is,  and  directly  connected  with  the  great  inter- 
ests of  commerce  and  navigation.  For  our  most  important 
charts,  also,  we  have  been  dependent  upon  other  nations. 
Until  recently,  if  even  now,  we  have  had  no  establishment 
at  which  our  vessels  could  be  supplied  with  maps  and  charts 
necessary  to  enable  them  to  perform  a  cruise  with  conve- 
nience and  safety,  and  we  certainly  have  not  had  the  infor- 
mation of  a  hydrographical  character  which  would  enable 
the  Navy  Department  to  plan  an  attack  upon  any  foreign 
port,  even  in  the  Gulf  of  Mexico. 

But,  sir,  the  establishment  of  the  Observatory,  if  its  im- 
portant objects  be  liberally  seconded,  will  remedy  these 
defects,  and  wipe  off  from  our  character  what  I  cannot  but 
consider  a  disgrace  to  the  most  enlightened  people  upon 
earth.  Its  services  will  not  be  confined  to  the  preparation 
of  maps  and  charts,  the  preservation  of  nautical  instru- 
ments, the  regulation  and  correction  of  chronometers,  with 
other  kindred  practical  duties  :  its  operations  will  be  still 
more  extensive  and  important.  Already  have  thu  elements 
for  an  American  nautical  almanac  been  obtained  by  obser- 
vation, and  the  liberal  patriotism  of  the  House  is  invoked 
for  a  small  appropriation  to  compute  and  print  them.  It  is 
now  in  contemplation,  too,  if  the  work  has  not  already  been 
commenced,  to  enter  upon  a  8}'stem  of  most  extensive 
observation,  including  all  the  important  fixed  stars  to  be 
observed  in  our  latitude — a  more  comprehensive  and  mag- 
nificent, as  well  as  useful  work,  than  has  ever  yet  been 
undertaken  in  any  part  of  the  world.  I  have  it  from  the 
highly  intelligent  and  scientific  superintendent  of  the  Coast 
Survey,  that  the  number  of  stars  noted  in  the  nautical  alma- 
nac is  too  limited  for  the  convenient  conduct  of  his  impor- 
tant observations. 

It  will  be  found  here,  as  well  as  in  other  important  works 
of  a  similar  kind,  that  the  labors  about  to  be  entered  upon 
at  the  Observatory  will  prove  to  be  highly  important  and 
valuable.  They  will  enable  us  to  make  some  return  to  the 
science  of  the  world  for  that  large  supply  which  we  have 
heretofore  illiberally  drawn  from  it;  and  they  will  contrib- 
ute to  elevate  our  Government  in  the  eyes  of  other  nations. 

I  have  said  so  much  upon  this  subject,  sir,  because  no 
provision  is  made  in  this  bill  for  any  astronomical  establish- 
ment,  and  because,  upon  former  occasions,  it  has  been  urged 
with  great  ability,  and  from  a  distinguished  quarter,  that 
the  greater  part,  if  not  the  whole  of  this  fund,  should  be 
.appropriated  for  this  purpose.  The  venerable  gentleman 
from  Massachusetts  will  understand  mv  allusion.  It  has 


TWENTY-NINTH    CONGRESS,    1845-47.  397 

been  with  great  pleasure  and  profit,  and  with  complete 
sympathy  in  the  noble  enthusiasm  of  the  author,  that  I  read 
the  report  of  that  gentleman,  made  to  this  House  in  1842, 
upon  the  disposition  of  the  Smithsonian  bequest.  He 
seems  to  have  been  imbued  with  a  most  exalted  sense  of 
the  sublimity  of  the  great  objects  heretofore  accomplished, 
and  hereafter  to  be  attained,  by  the  ardent  and  laborious 
pursuit  of  astronomy.  m  Sir,  there  is  no  mind  not  wholly 
destitute  of  elevation,  and  wholly  ignorant  of  the  stupen- 
dous wonders  and  glories  of  the  universe  as  revealed  to  the 
gaze  of  "star-eyed  science,"  who  could  read  that  able 
report  and  not  be  deeply  affected  by  it.  I  quote  the  follow- 
ing passage : 

"The  express  object  of  an  observatory  is  the  increase  of  knowledge  by 
new  discovery.  The  physical  relations  between  the  firmament  of  heaven 
and  the  globe  allotted  by  the  Creator  of  all  to  be  the  abode  of  man  are  dis- 
coverable only  by  the  organ  of  the  eye.  Many  of  these  relations  are  indis- 
pensable to  the  existence  of  human  life,  and,  perhaps,  of  the  earth  itself. 
Who  can  conceive  the  idea  of  the  earth  without  a  sun  but  must  connect 
with  it  the  extinction  of  light  and  heat,  of  all  animal  life,  of  all  vegetation 
and  production,  leaving  the  lifeless  clod  of  matter  to  return  to  the  primi- 
tive state  of  chaos,  or  to  be  consumed  by  elemental  fire.  The  influence  of 
the  moon — of  the  planets,  our  next-door  neighbors  of  the  solar  system — of 
the  fixed  stars  scattered  over  the  blue  expanse,  in  multitudes  exceeding  the 
power  of  human  computation,  and  at  distances  of  which  imagination  her- 
self can  form  no  distinct  conception  :  the  influence  of  all  these  upon  the 
globe  we  inhabit,  and  upon  the  condition  of  man,  its  dying  and  deathless 
inhabitant,  is  great  and  mysterious,  and  in  the  search  for  final  causes,  to  a 
great  extent  inscrutable  to  his  finite  and  limited  faculties.  The  extent  to 
which  they  are  discoverable  is  and  must  remain  unknown  :  but  to  the  vig- 
ilance of  a  sleepless  eye,  to  the  toil  of  a  tireless  hand,  and  to  the  medita- 
tions of  a  thinking,  combining,  and  analyzing  mind,  secrets  are  successively 
revealed,  not  only  of  the  deepest  import  to  the  welfare  of  man  in  his  earthly 
career,  but  which  seem  to  lift  him  from  the  earth  to  the  threshold  of  his 
eternal  abode;  to  lead  him  blindfold  up  to  the  council  chamber  of  Omnip- 
otence, and  then,  stripping  the  bandage  from  his  eyes,  bid  him  look  undaz- 
zled  at  the  throne  of  God." 

I  quote  this  eloquent  passage  to  show,  by  the  testimony 
of  one  who  understands  the  subject  well,  the  character  of 
the  results  to  be  expected  from  the  extensive  cultivation  of 
astronomical  science.  I  think  it  will  be  admitted  that  though 
the  discoveries  now  to  be  expected  in  that  field  will  be  well 
calculated  to  elevate  the  soul  and  fill  it  with  wonder  and 
amazement,  nothing  of  a  very  practical  or  directly  ^useful 
nature  in  its  bearing  upon  the  immediate  pursuits  of  life  is 
to  be  expected  beyond  the  increased  accuracy  and  extent  of 
observations  necessary  for  nautical  and  topographical  pur- 
poses. I  am  by  no  means  disposed  to  undervalue  the  im- 
portance of  this  sublime  branch  of  human  knowledge.  Nor 
will  I  undertake  to  say  that  investigation  of  the  heavens 
may  not  produce  new  results,  intimately  connected  with, 


398  CONGRESSIONAL    PROCEEDINGS. 


-and  highly  important  to,  some  of  the  economical  purposes 
of  life.  What  I  mean  to  say  is,  that  the  discoveries  yet  to 
be  made  promise  only,  or  at  least  chiefly,  to  gratify  that 
high  and  laudable  curiosity  which  seeks  to  know  and  under- 
stand, as  far  as  human  intelligence  may,  the  sublime  and 
wonderful  works  of  the  Creator.  New  double  stars  may  be 
discovered,  revolving  about  each  other,  by  the  operation  <>{ 
strange  and  unknown  laws,  the  investigation  of  which  may 
be  a  subject  of  profound  interest.  Their  compensating 
colors,  shedding  a  mixed  stellar  influence  upon  an  intimate 
and  curious  examination,  may  possibly  reveal  to  some  pen- 
etrating eye  new  and  important  truths  connected  with  the 
theory  of  light.  The  occultation  of  Jupiter's  satellites 
enable  us  to  measure  its  velocity  with  almost  absolute 
actness.  The  contrasted  colors  of  these  wonderful  binary 
stars  may  eventually  settle  the  question,  if  it  be  not  already 
settled,  between  the  theory  of  undulations,  and  that  of  par- 
ticles emanating  in  straight  lines,  and  may.  in  some  lucky 
hour,  to  some  favored  son  of  genius  unfold  distinctly  anil 
forever  the  apparently  intricate  and  now  hidden  relations 
Of  light,  heat,  electricity,  magnetism,  and  gravitation.  A 
higher  and  more  complete  generalization,  of  the  i^reat  phe- 
nomena of  the  universe  may  be  accomplished,  and  it  is 
wholly  impossible  to  tell  how  directly  and  immediately  such 
discoveries  may  bear  upon  the  practical  pursuits  which  con- 
tribute to  the  physical  well-being  of  man.  \Vho,  at  the 
present  day,  can  calculate  the  influence  exerted  upon  the 
happiness  of  man,  during  successive  generations,  l»y  the 
knowledge  of  those  three  strange  and  wonderful  laws,  dis- 
covered, not  without  long  and'  laborious  inyeMi«-ation,  by 
the  celebrated  Kepler  ?  Who  can  trace  their  consequences 
in  the  subsequent  discoveries  of  that  science,  or  rather,  I 
should  ask,  what  would  now  be  our  knowledge  of  the  plan- 
etary system,  and  our  ability  to  apply  it  to  exact  nautical 
purposes,  if  those  laws,  and  all  that  results  from  them,  were 
tt  this  day  a  blank  in  astronomical  science?  That  the 
radius-vector  of  a  planet  describes  equal  areas  in  equal 
How  simple  a  law,  yet  how  pregnant  of  conse- 
quences, incalculable  in  extent  and  value. 
^  Notwithstanding  these  admissions,  and  my  deep  convic- 
tion of  the  great  value  of  astronomical  truth/I  cannot  think 
that  field  of  knowledge  likely  to  be  so  productive  of  useful 
rruit,  that  the  Smithsonian  fund  ought  ever  to  have  been 
directed  entirely  or  chiefly  to  that  object.  But  whatever 
[lay  have  been  the  conflict  of  opinion  in  this  respect,  the 
'dispute  is  put  to  rest  by  the  establishment  of  the  Observa- 


TWENTY-NINTH     CONGRESS,    1845-47.  399 

tory.  It  is  matter  of  high  gratification  to  my  mind  that 
the  Government  has  at  last  awakened  to  the  importance  of 
the  subject,  and  has  found  a  complete  justification,  in  the 
hydrographical  and  topographical  necessities  of  its  service 
by  sea  and  land,  for  the  endowment  of  so  useful  an  institu- 
tion. And  I  am  glad,  sir,  to  hear  it  announced  that  the 
distinguished  gentleman  from  Massachusetts  finds  his  laud- 
able enthusiasm  for  a  noble  branch  of  science  fully  met  and 
satisfied  by  the  establishment  in  question. 

I  think,  Mr.  Chairman,  if  there  be  anything  plain  and 
obvious  in  reference  to  the  plan  to  be  adopted  for  the  Smith- 
sonian Institution,  it  is  that  no  university  or  college  of  an 
ordinary  kind  would  come  within  the  scope  of  the  testator's 
intentions,  or  would  contribute  properly  to  the  end  desired. 
We  require  something  connected  with  the  great  practical 
purposes  of  life — something  in  accordance  with  the  progres- 
sive spirit  of  the  age — something  looking  immediately  to 
the  elevation,  improvement,  and  happiness  of  the  great 
mass  of  the  people.  Sir,  it  is  not  to  be  denied  that  most  of 
our  best  institutions  of  learning  are  not  of  this  character. 
They  look  chiefly  to  the  PAST,  searching  for  the  obscure  be- 
ginnings of  knowledge  in  the  dead  languages,  and  in  the 
writings  of  ancient  sages,  poets,  and  philosophers.  It  is 
our  business  to  look  chiefly  to  the  great  FUTURE,  with  its 
glorious  fruits,  ready  to  burst  from  a  teeming  soil,  warmed 
and  enlightened  by  the  great  sun  of  science,  which  now  dif- 
fuses its  energetic  rays  into  every  corner  of  human  affairs, 
wherever  life,  vegetable  or  animal,  and  wherever  mental  or 
physical  power  in  its  ten  thousand  inventive  forms  may  find 
a  foothold  for  existence. 

In  a  letter  of  Dr.  Thomas  Cooper,  of  South  Carolina,  ad- 
dressed to  Mr.  Forsyth,  20th  July,  1838,  in  answer  to  inqui- 
ries on  the  subject  of  the  Smithsonian  bequest,  that  distin- 
guished gentleman  says  : 

"  I  object  to  all  belles  lettres  and  philosophical  literature,  as  calculated 
only  to  make  men  pleasant  talkers  I  object  to  medicine. 

"  I  object  to  law.  Ethics  and  politics  are  as  yet  unsettled  branches  of 
knowledge. 

"  I  want  to  see  those  studies  cultivated  which,  in  their  known  tendencies 
and  results,  abridge  human  labor,  and  increase  and  multiply  the  comforts 
of  existence  to  the  great  mass  of  mankind." 

Richard  Rush,  of  Philadelphia,  writes  to  the  Secretary  of 
State  on  the  same  subject,  on  the  6th  of  November,  1838, 
and  proposes  a  plan  for  the  institution  not  greatly  dissimilar 
from  that  proposed  by  this  bill.  I  quote  this  short  passage  : 

A  university  or  college  in  the  ordinary  sense,  or  any  institution  looking 
to  primary  education,  or  to  the  instruction  of  the  young  merely,  does  not 


400  CONGRESSIONAL    PROCEEDINGS. 

strike  me  as  the  kind  of  institution  contemplated  by  Mr.  Smithson's  will  ; 
declaring  it  in  language  simple  yet  of  the  widest  import,  to  be  «  for  the  in- 
crease and  diffusion  of  knowledge  among  men,' and  making  the  United 
States  the  trustee  of  its  intentions,  it  seems  to  follow  that  it  ought  to  be  as 
comprehon«ive  as  possible  in  its  objects  and  means,  as  it  must  necessarily  b 
national  in  its  government." 

These  letters  are  to  be  found  in  the  report  of  Mr.  Adams 
to  this  House  in  1842.  The  passages  quoted  seein  to  me  to 
be  highly  judicious,  and  correctly  descriptive  of  the  true 
character  of  the  institution  required.  And  I  think,  sir,  the 
bill  under  consideration  conforms,  in  its  provisions,  to  the 
general  views  expressed  in  these  passages,  and  to  those 
which  I  entertain.  All  the  labors  of  the  institution  will  be 
directed  to  the  more  useful  sciences  and  arts,  and  its  advan- 
tages must  necessarily  be  eminently  practical  and  popular. 
These  are  the  great  leading  considerations,  which  should 
commend  this  bill  to  the  favor  of  the  House," and  of  the 
country. 

I  proceed  to  notice  more  particularly  the  general  charac- 
teristics of  the  plan.  I  pass  over  the  organization  of  .the 
institution  as  a  corporation,  not  regarding  that  as  a  matter 
of  any  importance.  As  this  feature  is  opposed,  I  am  very 
willing  to  see  it  altered.  I  approve  the  elasticity  and  free- 
dom of  action,  very  wisely  conferred  upon  an  institution, 
new  and  untried  in1  its  application  to  the  great  objects  in 
view.  Very  considerable  latitude  of  control,  as  to  the 
means  to  be  used,  is  given  to  the  board  of  managers,  and 
the  ends  to  be  aimed  at  are  described  in  comprehensive 
terms.  But  the  most  ample  guarantee  for  the  wise  and 
faithful  use  of  this  discretionary  power  is  obtained  in  the 
fact,  that  the  board  will  consist  of  the  Yice-President  of 
the  United  States,  the  Chief  Justice  of  the  Supreme  Court, 
three  Senators,  three  members  of  the  House,  and  six  others 
to  be  chosen  by  joint  resolution  of  the  two  Houses,  who 
are  required  to  submit  to  Congress  annual  reports  of  the 
operations,  expenditures  and  condition  of  the  institution. 
In  addition  to  all  this,  there  is  reserved  the  power  to  alter 
and  amend  the  charter,  as  the  results  of  experience  may 
render  necessary  or  expedient.  All  these  provisions  seem 
to  be  wise,  and  make  it  almost  impossible  that  any  abuse 
or  misapplication  of  the  fund  can  ever  take  place. 

The  sixth  section  of  the  bill  provides  for  a  "  professor  of 
agriculture,  horticulture,  and  rural  economy,"  giving  him 
power  to  employ  such  laborers  and  assistants  as  may  be 
necessary  "  to  cultivate  the  ground  and  maintain  a  botani- 
cal garden"— "to  make  experiments  of  general  utility 
throughout  the  United  States  "— "  to  determine  the  utility 


TWENTY-NINTH    CONGRESS,    1845-47.  401 

of  new  modes  and  instruments  of  culture,  and  to  deter- 
mine whether  new  fruits,  plants,  and  vegetables  may  be 
cultivated  to  advantage  in  the  United  States."  These  pro- 
visions comprehend  all  which  relates  to  the  great  agricul- 
tural interest.  No  one,  I  presume,  will  question  the°prob- 
able  usefulness  of  these  provisions  to  aid.  and  benefit  by  far 
the  largest  number  of  our  citizens  who  employ  the  greatest 
amount  of  capital,  and  whose  productions  are  the  very  basis 
of  our  prosperity,  wealth,  and  happiness.  I  regret,  sir,  that 
in  connection  with  this  arrangement  there  is  no  express 
provision  for  a  professor  of  chemistry ;  but  as  a  chemical 
laboratory  is  provided  for,  and  as  the  professors  are  re- 
quired to  be  of  the  most  useful  sciences  and  arts,  I  presume 
this  professorship  would  be  considered  first  in  importance, 
and  would  by  no  possibility  be  omitted. 

In  some  parts  of  the  country,  it  is  not  unusual  to  hear 
objections  against  the  application  of  science  to  agriculture. 
I  have  heard  it  questioned  even  here,  whether  experiments 
and  investigations  conducted  in  Washington  city,  can  be  of 
any  use  in  other  latitudes,  soils,  and  climates,  throughout 
our  extended  country.  I  maintain,  sir,  that  science  in  agri- 
culture is  practicable,  and  that  its  cultivation  even  here,  at 
the  seat  of  government,  may  be  made  to  contribute  most 
important  benefits  to  all  parts  of  the  Union.  For  let  it  be 
remembered,  science  is  but  the  classification  of  facts  ex- 
pressed in  the  shape  of  general  rules  or  laws.  If  any  im- 
portant fact  be  omitted  in  the  process  of  induction,  the 
result  will  be  erroneous,  and  calculated  to  mislead.  But 
continued  experiment  and  investigation  will  eventually 
point  out  the  omitted  or  misplaced  fact,  and  gradually  a 
true  science  will  grow  up,  rising  from  the  first  rude  at- 
tempts, through  various  gradations  of  improvement,  up  to 
its  highest  and  most  perfect  form.  Results  predicted  from 
certain  operations,  without  due  consideration  and  experi- 
ence of  all  attending  facts  and  circumstances,  changes  of 
soil  and  climate,  would  not  be  verified,  except  by  the  merest 
accident.  But  it  is  not  plain  that  the  experiments  here,, 
disseminated  throughout  the  country  by  appropriate  means, 
and  illuminated  by  all  existing  knowledge  as  to  the  influ- 
ence of  varied  circumstances,  will,  be  seized  upon  by  the 
intelligent  and  skillful  agriculturist  in  all  quarters,  and  sub- 
mitted to  still  further  tests,  in  order  to  eliminate  the  ulti- 
mate truth — the  most  general  law — divested  of  all  extra- 
neous facts  ?  The  experiments  made  abroad  will  be  reflected 
back  again  to  the  central  institution,  and  they  will  enable  it 
to  correct  its  conclusions,  whenever  these  may  have  proved 
26 


402  CONGRESSIONAL   PROCEEDINGS. 

to  be  to  any  extent  erroneous.  If  this  professorship  should 
accomplish  nothing  more  than  to  point  out  the  mode  of 
investigation  to  be  adopted,  and  to  compare  the  results  in 
different  quarters  and  give  information  of  them,  this  of  itself 
would  be  an  essential  service  to  agriculture. 

It  will  not  be  disputed,  however,  that  there  arc  some- 
things in  agriculture  of  a  general  nature,  which  soience  aj 
any  place  can  determine  with  absolute  certainty.  One 
might  theorize  in  reference  to  processes  of  cultivation,  and 
the°results  would  be  very  generally  erroneous.  It  might  Im- 
plausibly argued,  that  to  disturb  and  break  the  roots  of  a 
stalk  of  corn  by  the  usual  mode  of  cultivation  must  injure 
the  health  and  produce  of  the  plant,  But  experience  de- 
termines precisely  the  contrary  ;  whether  it  be  that  new  and 
more  numerous  small  roots  are  put  out,  penetrating  to  e\  cry 
part  of  the  soil,  and  thereby  obtaining  abundant  nutriment, 
or  whether  it  be  simply  that  the  oxygen  and  carbonic  acid 
gas  of  the  air  and  of  the  soil  are  rendered  more  accessible 
to  the  roots  of  the  plant  by  the  loosened  texture  of  the 
ground.  Yet,  when  the  agricultural  chemist  ascertains  that 
the  stalk,  leaf,  or  grain  of  any  plant  contains  certain  sub- 
stances, the  silicates,  phosphates,  or  carbonates,  and  that 
these  are  indispensable  to  their  perfection,  he  is  enabled  to 
predicate  with  absolute  certainty  that  these  substances  must 
be  in  the  soil,  or  that  the  plant  will  not  flourish.  This  is  a 
species  of  information  of  the  utmost  importance,  and  appli- 
cable under  all  circumstances,  and  in  all  el  i  ma  res.  In  its 
perfect  form,  when  science  shall  have  expended  her  fruitful 
labor  upon  it,  it  will  enable  the  farmer  to  control  the  growth 
of  his  crop,  and  give  it  any  desired  development,  just  as  he 
now  controls  the  growth  of  his  domestic  animals,  raising 
his  cattle  for  milk  or  for  beef,  and  his  sheep  for  wool  or  for 
mutton,  at  his  pleasure. 

I  would  say,  sir,  in  reference  to  this,  what  I  have  said  of 
another  branch  of  science,  and,  indeed,  what  may  be  said 
of  all  knowledge  that  it  is  impossible  to  foresee  the  great 
results  to  which  they  will  lead.  I  have  unbounded  faith  in 
the  resources  of  science  in  all  her  departments ;  and  I  look 
forward  with  the  expectation  of  discoveries  and  improve- 
ments far  more  important  and  wonderful  than  anything 
which  has  yet  been  accomplished.  The  magnetic  telegraph 
is  a  marvel ;  but  it  does  not  mark  the  extreme  boundary  of 
human  ingenuity. 

Another  leading  and  important  feature  in  this  bill  is,  that 
it  proposes  "a  professor  of  common  school  instruction, 
with  other  professors,  chiefly  of  the  more  useful  sciences 


TWENTY-NINTH     CONGRESS,    1845-47.  408 

and  arts,'7  and  that  it  contemplates  the  education  of  young 
persons  as  teachers  of  common  schools.  It  looks  to  the 
education  of  the  people— to  the  increase  and  diffusion  of 
knowledge  among  the  great  mass.  Of  course  this  aid  to 
the  cause  of  popular  education  can.  only  be  of  the  most 
genera^  kind.  No  direct  application  of  the  means  of  the 
institution  to  that  purpose  could  be  expected.  But  while 
this  provision  is  one  of  high  generality,  it  is,  nevertheless, 
one  also  of  controlling  efficiency,  calculated  to  be  highly 
beneficial  in  its  directory  influence.  If  a  number  of  the 
best  teachers,  imbued  with  all  the  useful  science  of  the  age, 
arid  thoroughly  qualified  for  imparting  knowledge  to  the 
young  mind,  by  the  most  improved  modes,  can  be  sent 
abroad  to  all  parts  of  the  country,  doubtless  a  great  point 
will  have  been  gained.  No  business  is  so  imperfectly  un- 
derstood, and  so  badly  conducted,  in  some  parts  of  the 
Union  as  that  of  teaching.  An  institution  which  will  have 
the  effect  of  improving  and  elevating  the  standard  of  in- 
struction generally,  will  be  a  great  national  blessing. 

Does  any  one  doubt  that  the  scheme  proposed  in  this  bill 
can  be  made  to  produce  that  result  ?  Even  though  teachers 
may  not  be  generally  furnished  for  all  sections,  an  immense 
advantage  will  be  obtained  by  the  diffusion  of  correct  infor- 
mation, as  to  the  proper  mode  of  organizing  schools,  and 
the  best  plans  for  instruction.  The  most  important  kinds 
of  knowledge  are  too  frequently  altogether  neglected  in  our 
primary  schools.  Let  the  members  of  this  House  look 
back  to  their  school-boy  days,  and  compare  the  instruction 
they  received,  with  that  which  is  now  dispensed  in  the  best 
public  schools.  We  were  fortunate,  sir,  very  fortunate,  if 
we  were  taught  anything  more  than  words;  if  physical 
science  constituted  any  part  of  our  early  instruction ;  if  our 
attention  was  directed  for  a  moment  to  the  things  around 
us,  among  which,  and  with  which,  we  were  bound  to  accom- 
plish our  destiny.  Important  changes  have  now  taken 
place.  And  not  among  the  least  important  is  that  of  teach- 
ing the  outlines  of  physical  science  at  the  very  earliest 
period — to  make  the  child  acquainted  with  the  nature  of 
the  ten  thousand  natural  objects  around  him — to  give  him 
some  idea  of  the  structure  of  the  globe  he  inhabits,  and  of 
the  system  of  which  this  planet  is  a  part.  This  is  knowl- 
edge which  the  child  can  comprehend,  and  which  the  man 
can  never  fail  to  use  with  advantage.  It  is  properly  the 
first  knowledge  to  be  imparted,  lying  obviously  at  the  very 
foundation  of  all  good  education. 

How  much  has  been  accomplished  of  late  in  this  respect 


404  CONGRESSIONAL    PROCEEDINGS. 

may  be  inferred  from  the  following  passage,  which  I  read 
from  the  last  report  of  the  Trustees  of  the  Public  School 
Society  of  New  York  : 

"  A  circular,  sent  to  the  teachers  of  the  public  schools  about  three  weeks 
since,  resulted,  before  they  closed,  in  not  less  than  ten  thousand  elementary 
cabinets  of  geology  for  'nearly  the  same  number  of  families,  collected, 
labeled,  and  assorted  by  the  pupils ;  securing,  in  very  many  instances,  a. 
hearty  interest,  and  essential  aid  from  their  parents  and  other  friends. 
Public  school  No.  15,  collected,  prepared,  labeled,  and  distributed  not  less 
than  four  hundred  such  cabinets  in  one  day,"  &c. 

These  are  interesting  facts.  They  show  that  the  science 
of  education  is  advancing  with  the  general  march  of  im- 
provement; and  they  render  no  longer  doubtful  the  propri- 
ety and  importance  of  devoting  a  portion  of  the  means  of 
this  national  institution,  to  assist  in  carrying  forward,  even 
more  rapidly,  this  great  movement  of  the  age. 

The  bill  provides  for  the  "  preparation  of  sets  of  illustra- 
tions, specimens,  apparatus,  and  school  books  suited  for 
primary  schools."  I  consider  these  provisions  of  the  highest 
importance.  Next  to  the  furnishing  of  proper  teachers,  is 
the  necessity  for  proper  instruments  of  education.  Indeed, 
I  do  not  know  but  this  should  be  placed  foremost  in  impor- 
tance ;  for,  with  the  best  illustrations,  apparatus,  and  books, 
the  teacher  could  scarcely  fail  to  perform  his  part  with  the 
greatest  advantage  and  the  best  success.  The  propriety  of 
having  "professors  of  the  most,  useful  sciences  and  arts" 
connected  with  the  "  normal  branch "  of  this  institution, 
is  too  obvious  to  require  a  single  remark. 

The  bill  does  not  propose  (for  indeed  the  proposition 
would  be  absurd)  to  give  to  such  school  books  as  may  be 
prepared,  any  authority,  other  than  that  which  the  charac- 
ter of  the  institution,  and  their  own  intrinsic  worth,  would 
impress  upon  them.  But  it  is  very  certain,  that  able  and 
experienced  men,  directing  tkeir  minds  particularly  to  that 
object,  would  be  prepared  to  give  to  the  world  something 
far  better  than  we  now  possess— something  in  the  way  of 
elementary  books,  which  would  essentially  contribute  to  the 
uniformity  and  efficiency  of  general  education.  I  think  it 
will  be  acknowledged,  by  all  who  know  anything  of  the 
subject,  that  such  books  for  primary  schools  are  at  this  mo- 
ment a  great  desideratum.  I  know  of  no  means  by  which 
greater  benefit  could  be  conferred  upon  the  people  at  large, 
than  by  the  judicious  preparation  and  cheap  supply  of  such 
books.  They  would  be  equivalent  to  a  great  plan  of  edu- 
cation, emanating  from  the  highest  and  best  authority x 
causing  the  light  of  all  modern  science  and  modern  im- 


TWENTY-NINTH     CONGRESS,    1845-47.  405 

provement  to  converge  into  every  country  school  house  in 
the  land. 

There  are  other  features  in  this  bill,  Mr.  Chairman,  upon 
which  it  would  be  interesting  to  comment,  if  the  hour  allot- 
ted by  the  rules  of  the  House  would  permit.  The  lectures 
by  able  men  of  science,  the  cheap  and  useful  publications, 
and  the  investigations  which  the  managers  have  power  to 
direct,  may  be  made,  by  judicious  direction,  to  contribute 
to  the  most  useful  and  important  ends.  But  these  things 
will  suggest  themselves  to  the  mind  of  every  intelligent 
man. 

I  approve  heartily  the  provision  which  forbids  the  estab- 
lishment of  any  school  of  law,  or  medicine,  or  divinity,  or 
any  professorship  of  ancient  languages.  The  scope  of  my 
remarks  throughout  has  been  in  accordance  with  this  view, 
and,  I  hope,  will  fully  justify  the  position.  The  number  of 
persons  who  could  be  educated  by  all  the  funds  of  this  in- 
stitution must,  of  necessity,  be  very  limited ;  and  unless 
they  be  instructed  with  a  view  to  communicate  the  light 
and  diffuse  the  knowledge  received,  the  benefits  of  the 
establishment  would  not  be  general. 

The  annual  appropriation  of  ten  thousand  dollars  for  the 
gradual  formation  of  a  library,  might  have  been  limited  to 
a  smaller  amount,  with  a  better  result.  But  the  managers 
will  doubtless  act  with  wisdom  and  discretion. 

By  proper  management,  this  institution  may  doubtless  be 
made  the  instrument  of  immense  good  to  the  whole  coun- 
try. To  the  Government  it  will  be  of  no  slight  advantage. 
It  will  be  a  great  institution.  It  may  attain  a  character  as 
high  as  that  of  the  French  Academy  ;  and  its  authority  will 
then  be  decisive  in  reference  to  numerous  questions  of  a 
scientific  nature,  continually  presented  to  the  committees  of 
Congress  and  the  departments  of  Government,  for  deter- 
mination and  consequent  action.  Such  an  institution  is 
freatly  needed  in  the  Federal  city.  It  is  fortunate,  not  less 
)r  the  public  service  than  for  the  advantage  of  the  individ- 
ual citizen,  that  the  opportunity  is  now  afforded  to  accom- 
plish so  important  an  object.  I  cannot  doubt  that  the 
opportunity  will  be  seized  with  alacrity,  and  improved  with 
something  of  that  spirit  of  liberality  and  intelligence  which 
I  think  is  embodied  in  the  bill  now  before  the  committee. 

Mr.  SAWYER  moved  to  amend  the  bill  by  striking  out 
u  six,"  in  the  first  section,  and  inserting  in  lieu  thereof 
"five." 

There  was  a  motion  pending  to  strike  out  the  whole  bill, 
.and  therefore  this  motion  to  amend  was  in  order. 


406  CONGRESSIONAL    PROCEEDINGS. 

The  ninth  section  was  not  under  consideration,  but  when 
it  should  be,  he  would  move  to  amend  it  in  the  fourth  line, 
by  inserting  after  the  word  "therein,"  the  following  pro- 
viso : 

"  Provided,  That  such  students  shall  be  selected  from  the  different  States 
and  Territories  of  the  United  States,  according  to  the  ratio  of  representa- 
tion in  Congress." 

He  thought  five  per  cent,  as  high  a  rate  of  interest  as 
was  proper.  He  was  not  willing  that  his  constituents 
should  be  saddled  with  so  high  a  rate  of  interest  as  six  per 
cent.,  for  the  people  must  pay  it  out  of  their  pockets.  For 
a  permanent  loan,  five  per  cent,  was  high  enough. 

The  other  amendment  which  he  would  propose  related  to 
the  regulations  for  the  admission  of  students  into  the 
various  departments  of  the  institution.  He  proposed  to 
take  the  students  from  the  different  Stairs  and  Territories 
of  the  United  States,  according  to  their  representation  in 
Congress,  so  that  they  shall  not  all  be  taken  from  Virginia, 
Maryland,  and  this  District,  as  had  been  the  case  in  regard 
to  all  other  appointments.  Heretofore,  nine-tenths  of  all 
appointments  had  been  made  from  this  District  and  the 
neighboring  States.  Other  States  had  been  blotted  out 
from  the  vocabulary  of  appointments.  There  was  a  bill 
before  the  House  to  do  this,  but  it  was  impossible  to  reach 
it,  obstacles  being  thrown  in  the  way  whenever  it  was. 
attempted.  While  we  were  passing  laws  for  creating  more 
public  institutions,  it  was  proper  to  make  a  proviso  that  the 
persons  benefited  by  it  should  be  taken  from  every  portion 
of  the  Union,  instead  of  one  locality.  With  proper  modi- 
fications, he  was  disposed  to  vote  for  this  bill. 

Mr.  D.  P.  KING  had  some  amendments,  he  said,  to  pro- 
pose to  the  bill,  at  a  proper  time.  In  establishing  an  insti- 
tution like  this,  for  the  increase  and  diffusion  of  knowledge 
among  men,  there  ought  undoubtedly  to  be  some  arrange- 
ment for  the  education  of  teachers.  He  would  propose 
that  lands  and  buildings  be  provided  for  young  men,  to 
enable  them  to  prepare  for  such  an  education  as  will  qualify 
them  for  usefulness  and  to  teach  others.  He  proposed  that 
persons  should  be  received  who,  by  their  labor,  would  main- 
tain themselves.  He  was  desirous  of  promoting  the  inter- 
ests of  the  yeomanry  of  the  country — of  cultivating  the 
hand  as  well  as  the  head  and  heart ;  and  he  hoped  provi- 
sions for  these  ^  objects  would  be  made  in  the  bill.  Pie 
should  move  to  insert  in  the  seventh  section,  after  the  word 
"  professors,"  the  words  "  of  agriculture."  A  very  large 
portion  of  the  people  were  agriculturists,  and  it  was  the 


TWENTY-NINTH    CONGRESS,    1845-47.  407 

most  useful  and  interesting  object  of  pursuit.  He  wished 
to  provide  for  the  use  of  those  who  became  students  lands 
and  buildings,  with  a  view  to  enable  them  to  engage  in 
practical  agriculture. 

He  was  not  disposed,  at  this  time,  to  go  into  the  subject 
fully,  but  he  submitted  that  the  best  mode  of  carrying  out 
the  objects  of  the  donor,  was,  to  promote  agricultural  knowl- 
edge. 

Mr.  OWEN  had  a  few  words  to  say  in  reply  to  the  gentle- 
man from  Ohio,  [Mr.  SAWYER,]  who  had  urged  that  the  rate 
of  interest  should  be  five  instead  of  six  per  cent.  He  would 
ask  the  committee  generally,  whether,  in  regard  to  a  per- 
fect gratuity — a  fund  for  public  objects  to  which  this  Gov- 
ernment had  not  contributed  one  cent — we  ought  not  to  be 
willing  to  pay  as  large  an  interest  as  we  were  ordinarily 
obliged  to  pay  on  loans  ?  Ought  we  not  to  yield  something 
to  the  object  of  the  bequest  ? 

It  must  also  be  considered  that,  by  this  bill,  much  expense 
was  saved  to  the  Government.  Should  this  plan  be  carried 
out,  it  would  save  all  the  expenses  attending  the  preserva- 
tion of  the  collections  of  the  Exploring  Expedition.  These 
could  not  be  taken  care  of  without  considerable  expense. 
It  would  also  be  recollected,  that  it  was  a  part  of  General 
Washington's  plan  in  laying  out  this  city,  to  extend  the 
public  grounds  from  the  Capitol  to  the  President's  House. 
These  grounds  embraced  more  than  one  hundred  acres,  and 
should  they  be  embellished  and  improved,  according  to  the 
original  design,  the  expense  would  be  very  great.  All 
these  expenses  were  to  be  defrayed  by  the  Smithsonian 
Institution.  All  that  was  asked  was  the  ordinary  interest 
of  six  per  cent.,  which  the  Government  had  recently  been 
obliged  to  pay. 

In  regard  to  the  ninth  section  of  the  bill,  he  would  be 
glad  if  the  objections  of  the  gentleman  from  Ohio  should 
prove  to  be  good,  and  that  there  should  be  such  an  overflow 
of  applications  for  admission  into  the  institution  as  to  ren- 
der any  restrictions  necessary.  He  apprehended  that  there 
would  be  no  necessity  for  such  restrictions,  for  we  did  not 
propose,  as  at  the  West  Point  Academy,  to  pay  any  ex- 
penses of  the  students.  In  case  of  such  a  rush  for  admis- 
sion as  the  gentleman  anticipated,  he  would  admit  that  the 
students  ought  to  be  divided  among  all  the  States  and  Ter- 
ritories. He  would  agree  to  vote  for  the  amendment,  but 
he  apprehended  that  the  chief  difficulty  would  be  in  getting 
a  sufficient  number  of  persons  to  come. 

Mr.  D.  P.  KING  said  he  had  proposed  such  a  modification 


408  CONGRESSIONAL    PROCEEDINGS. 

of  the  plan  as  would  enable  students  to  pay  their  board  by 
laboring  on  the  farm  of  the  institution. 

Mr.  OWEN  said  that  this  point  was  before  the  committee, 
and  it  was  agreed  that  young  men  might  be  employed  as 
managers  and  laborers,  if  they  were  willing,  while  they 
were  pursuing  their  studies. 

Mr.  SAWYER  remarked  that  it  had  been  suggested  that 
the  9th  section  already  provided  for  this  object.  But  ho 
must  insist  upon  it  that  it  did  not  ;  and  to  prove  it  he  would 
read  the  section,  as  follows  : 


"  That  the  said  board  of  managers  shall  also  make  rules  and 
for  the  admission  of  students  into  the  various  departments  of  the  institu- 
tion, and  their  conduct  and  deportment  while  they  remained  therein." 

The  same  provision  applied  to  officers  of  the  institution, 
but  the  managers  were  not  instructed  to  distribute  among 
the  several  States  and  Territories  all  the  students  applying 
for  admission. 

Mr.  JEFFERSON  DAVIS  said  that  so  far  as  the  Govern  incut 
was  concerned,  the  bill  conferred  no  powers  on  it.  All 
objections  on  that  score  were  unfounded.  lie  was  afraid  t  hat 
the  benches  of  the  institution  would  not  be  tilled  to  overflow- 
ing, and  that  no  restriction  would  be  necessary  on  that 
score.  The  9th  section  might  stand  as  it  was  for  the 
present,  and  when  necessary  Congress  could  amend  the  act 
in  order  to  meet  any  circumstances  that,  might  arise.  In 
the  mean  time  lie  would  throw  open  the  door  to  all,  whether 
for  a  single  lecture  or  for  a  whole  course  ;  and  he  regarded 
lectures  as  the  greatest  means  of  extending  knowledge  which 
had  been  adopted  in  modern  times.  It  was  second  only  to 
the  invention  of  the  art  of  printing. 

Everything  in  the  bill  tended  to  the  increase  and  diffusion 
of  knowledge  among  men. 

Some  had  urged  that  the  trust  ought  not  to  havr  IK-CH 
accepted.  It  was  too  late  to  make  that  objection.  He  held 
that  we  were  now  obliged  to  carry  it  into  execution  ;  and 
as  to  the  funds  themselves,  they  ought  to  be  considered  as 
money  still  in  the  Treasury,  unconnected  with  any  stocks. 
He  regretted  that  any  one  had  proposed  to  return  the  stocks 
to  the  heirs  or  kin  of  the  original  owner. 

Mr.  G.  W.  JONES  said  he  did  not  profess  to  understand 
the  whole  doctrine  of  trusts,  but  if  trust  funds  were  placed 
in  the  hands  of  the  Government,  was  the  Government, 
bound  to  keep  the  money,  instead  of  investing  it  ?  Was 
the  Government  bound  to  pay  interest  on  it  without  invest- 
ing it  ? 

Mr.  JEFFERSON  DAVIS.  That  will  depend  on  the  character 


TWENTY-NINTH     CONGRESS,    1845-47.  409 

of  the  fund.     The  fund  was  given  in  trust  for  a  specific 
object. 

Mr.  G.  W.  JONES.  Suppose  the  fund  had  been  left  to  the 
gentleman  from  Mississippi ;  was  he  bound  to  keep  it  and 
pay  six  per  cent,  interest  upon  it  ?  Or,  if  he  invested  it  in 
Mississippi  or  other  State  stocks,  in  good  faith,  would  he  be 
bound  as  trustee  to  make  good  the  principal  and  interest  of 
the  fund  ? 

Mr.  JEFFERSON  DAVIS  could,  he  said,  answer  that  case  in 
perfect  conformity  with  his  own  views  and  feelings  on  the 
subject.  He  would  reject  the  trust  unless  he  was  willing  to 
execute  it ;  and  if  he  misapplied  the  money  and  delayed  to 
execute  the  trust  for  eight  years,  he  would  consider  himself 
bound  in  honor  to  make  good  the  whole  fund. 

Mr.  D.  continued.  He  would  admit  that  the  Government 
liad  no  authority  to  take  charge  of  the  subject  of  education, 
and  he  did  not  consider  this  bill  as  liable  to  that  objection. 
The  Normal  school  system  he  considered  as  highly  benefi- 
cial, serving  to  produce  uniformity  in  the  language,  and  to 
lay  the  foundation  of  all  sciences.  The  spelling  book  of 
!N~oah  Webster,  which  had  been  used  extensively  in  our 
primary  schools,  had  clone  more  to  produce  uniformity  in 
our  language  in  this  country  than  anything  else.  If  we 
sent  out  good  school  books  from  this  institution,  it  would 
be  of  vast  service  to  the  country. 

Mr.  D.  enlarged  upon  the  benefits  which  would  result  to 
science  and  the  diffusion  of  every  kind  of  useful  knowl- 
edge, from  an  institution  which  would  gather  young  men 
from  the  remotest  parts  of  the  country,  at  the  common 
point  where  every  facility  for  practical  instruction  would  be 
afforded.  The  taste  of  the  country  would  be  refined,  and 
he  did  not  consider  this  as  anti-democratic.  Knowledge 
was  the  common  cement  that  was  to  unite  all  the  heteroge- 
neous materials  of  this  Union  into  one  mass,  like  the  very 
pillars  before  us.  If  there  was  any  constitutional  objection 
to  the  establishment  of  a  corporation,  he  was  willing  to 
strike  out  that  feature  in  the  bill,  and  preserve  the  remain- 
der. But  let  us  do  something  to  carry  out  the  objects  of 
the  testator,  or  let  us  throw  back  the  fund  upon  the  chan- 
cery court  of  England. 

Mr.  MARSH  desired,  he  said,  to  add  a  few  words  on  this 
subject,  but  was  unable  to  proceed  at  present,  in  conse- 
quence of  indisposition.  He  therefore  moved  that  the  com- 
mittee rise. 

Some  conversation  ensued,  upon  which  Mr.  MARSH  with- 
drew the  motion. 


410  CONGRESSIONAL  PROCEEDINGS. 

Mr.  J.  Q.  ADAMS  expressed  a  wish  that  some  progress  be* 
made  in  the  bill,  by  taking  a  vote  on  some  of  the  amend- 
ments. 

The  question  was  then  taken  on  the  amendment  offered 
by  Mr.  SAWYER,  and  it  was  decided  in  the  negative.  . 

On  motion  of  Mr.  MARSH,  the  committee  then  rose  and 
reported  progress. 

HOUSE  OF  REPRESENTATIVES,  April  23,  1846. 

Mr.  BOYD  offered  a  resolution  providing  that  all  debate 
on  this  bill  should  cease  in  one  hour  and  a  half  after  it 
should  again  be  taken  up  in  committee,  unless  sooner  dis- 
posed of,  and  that  the  committee  should  then  proceed  to 
vote  on  amendments  pending,  or  to  be  offered. 

Mr.  J.  R.  INGERSOLL  moved  to  amend  the  resolution  by 
striking  out  "  one  hour  and  a  half  after  it  shall  have  been 
taken  up  in  committee,"  and  inserting  "  two  o'clock." 

Mr.  GRAHAM  moved  that  the  resolution  and  amendment 
be  laid  on  the  table. 

And  the  question  having  been  taken,  and  decided  in  the 
affirmative,  the  resolution  and  amendment  were  laid  on  the 
table. 

The  SPEAKER  announced  the  unfinished   business  to  be 
the  special  order  of  yesterday,  the    bill   to  establish   the 
Smithsonian  Institution  for  the  increase  and  diffusion  of 
knowledge  among  men. 

On  motion  of  Mr.  OWEN,  the  House  resolved  itself  into 
Committee  of  the  Whole  on  the  state  of  the  Union,  (Mr. 
BURT,  of  South  Carolina,  in  the  chair,)  and  resumed  the 
consideration  of  the  said  bill. 

Mr.  MARSH,  of  Vermont,  after  some  preliminary  observa- 
tions, said:  I  agree,  Mr.  Chairman,  with  those  who  doubt 
whether  it  was  entirely  wise  in  the  Congress  of  the  United 
States  to  accept  the  munificent  bequest  of  Mr.  Smithson. 
Were  the  question  now  first  presented,  I  should  hesitate. 
Not  that  I  deny  or  even  doubt  the  power  of  Congress  to 
administer  this  charity,  but  I  should  question  the  propriety 
of  assuming  a  trust,  which  there  is  too  much  reason  to  fear 
we  shall  not  discharge  in  such  a  manner  as  to  give  the  fullest 
effect  to  the  purposes  of  the  enlightened  donor.  The  his- 
tory of  this  bequest  confirms  these  scruples.  It  is  now 
nearly  ten  years  since  Congress,  by  a  solemn  act,  assumed 
the  trust,  and  pledged  "the  faith  of  the  United  States"  to 
its  faithful  execution.  The  money  was  soon  after  received, 
and  immediately  passed  out  of  the  hands  of  the  Govern- 
ment, not  irrevocably,  it  is  to  be  hoped,  but  it  is,  at  all 


TWENTY-NINTH    CONGRESS,    1845-47.  411 

events,  now  beyond  our  control,  and  no  portion  of  it  has 
been  yet  applied  to  the  noble  ends  of  the  bequest.  The 
difficulties  which  have  thus  far  prevented  the  application  of 
the  fund  to  its  proper  uses  still  exist,  and  are  of  a  character 
not  likely  to  be  removed.  Our  Government  has  no  depart- 
ment which  can  be  conveniently  charged  with  the  adminis- 
tration of  the  charity,  and  must,  therefore,  begin  with  the 
organization  of  one  for  that  special  purpose.  In  this  incip- 
ient step,  we  meet  with  obstacles  at  every  corner.  Questions 
are  at  once  raised  that  are  not  yet  solved,  and  are  certainly 
in  themselves  of  no  easy  solution.  How  far  can,  how  far 

ought ^  Congress  to  act  in  the  direct  control  of  the  charity 

how  far  should  it  make  specific  what  the  will  of  the  testator 
has  left  general  ?  If  Congress  shall  direct  the  particular 
uses  to  which  the  fund  shall  be  applied,  what  shall  those 
uses  be  ?  Or  shall  we,  on  the  other  hand,  delegate  the 
trust ;  and,  if  so,  shall  we  impose  its  duties  on  departments 
already  too  heavily  burdened  with  official  responsibilities, 
or  shall  we  create  a  corporation  or  other  special  agency  for 
the  purpose  ?  Is  there  not  danger  that  the  institution  will 
be  abused  for  party  ends,  and  merely  serve  to  swell  the 
already  overgrown  patronage  of  the  Executive  ?  A  previ- 
ous suggestion  of  these  difficulties  might  well  have  led  us 
to  hesitate,  before  we  contracted  obligations  of  so  delicate 
a  character,  and  I  fear  they  are  yet  destined  for  some  time 
longer  to  impede  the  satisfactory  action  of  Congress. 

But  it  is  now  quite  time  that  we  apply  ourselves  in  earn- 
est to  the  work  of  redeeming  our  country  from  the  reproach 
of  infidelity  in  the  discharge  of  so  high  and  solemn  a  trust, 
and  that  at  the  earliest  practicable  period,  and  before  the 
subject  shall  become  an  element  in  our  party  dissensions, 
we  strive  to  make  available  to  our  fellow-citizens,  and  to  all 
men,  a  gift  as  splendid  as  its  purposes  are  noble. 

The  delay,  long  and  unwarrantable  as  it  is,  has  not  been 
without  its  issues.  It  has  afforded  abundant  time  for  the 
collection,  comparison,  and  concentration  of  opinion ;  able 
men  in  every  walk  of  scholastic  and  professional  life  have 
been  consulted  ;  many  of  the  wisest  American  statesmen 
have  brought  the  energies  of  their  intellects  to  the  exami- 
nation of  the  subject;  it  has  been  largely  discussed  in  both 
branches  of  the  National  Legislature ;  numerous  studiously 
considered  plans  have  been  suggested,  providing  in  different 
ways  for  every  interest  which  can  be  supposed  to  be  em- 
braced within  the  views  of  the  testator,  and  the  bill  now 
before  us  is  a  compilation,  an  anthology,  so  to  speak,  from 
all  these,  though  possessing  original  features — valuable 


r 


412  CONGRESSIONAL    PROCEEDINGS. 

features — the  credit  of  which  belongs  to  the  chairman  of 
the  special  committee,  (Mr.  Owen,)  by  whom  the  bill  was 
reported. 

In  a  case  where  there  is  room  for  so  great  diversity  of 
opinion  as  in  this,  there  can  be  no  hope  of  the  adoption  of 
any  plan  not  conceived  in  a  spirit  of  compromise ;  and  on 
this,  as  on  another  larger  question,  however  widely  upart 
we  may  be  at  first,  we  shall  probably  find  ourselves  in  the 
end  obliged  to  settle  down  upon  the  parallel  of  49°.  The 
bill  is  reported  by  the  special  committee  as  a  compromise, 
and  probably  no  one  of  the  gentlemen  concerned  in  its 
preparation  is  quite  satisfied  with  its  provisions;  no  one 
believes  it  to  be  the  best  plan  that  could  be  devised;  hut 
they  felt  the  necessity  of  deferring  to  each  other,  as  well  as 
to  the  probable  opinion  of  Congress,  and  were  nearly  unan- 
imous in  thinking  it  more  likely  to  harmonize  discordant 
views  than  any  other  plan  suggested.  It  was  in  this  belief, 
and  in  consideration  of  the  importance  and  the  duty  of 
early  action,  that  I,  as  a  member  of  that  committee,  assented 
to  the  report,  regarding  the  scheme,  however,  not  merely 
as  a  necessary  compromise,  but  as  rather  an  experiment, 
which  admitted,  and  which  I  trusted  would  hereafter  re- 
ceive, great  changes  in  its  conditions,  than  as  a  complete 
working  model. 

It  has  all  along  been  assumed  as  a  cardinal  principle,  that 
we  ought  to  follow  implicitly  the  will  of  the  liberal  donor, 
and  it  has  been  thought  unfortunate  that  he  was  not  more 
specific  in  the  appropriation  of  his  bounty.  Hut  he  has 
given  a  proof  of  a  generous  and  enlightened  spirit,  and  at 
the  same  time  has  paid  this  nation  the  highest  possible  com- 
pliment, by  using  the  largest  and  most  comprehensive  lan- 
guage in  his  bequest ;  thus  in  effect  saying,  that  he  {.referred 
rather  to  entrust  the  disposal  of  this  great  fund  to  the 
wisdom  and  intelligence  of  a  free  and  enlightened  people, 
than  to  limit  its  use  to  purposes  accordant  with  his  own  pe- 
^culiar  tastes.  Some  gentlemen  have  thought,  that  inasmuch 
as  the  testator  has  not  specified  the  particular  mode  by 
which  he  would  have  the  great  ends  of  his  charity  accom- 
plished, we  are  bound  to  infer  his  wishes  from  the  character 
of  his  favorite  pursuits,  and  to  conform  to  his  supposed 
views,  by  confining  the  fund  to  the  promotion  of  objects,  to 
the  cultivation  of  which  his  own  time  and  researches  were 
devoted  But  this  would  be  no  true  conformity  to  the  en- 
lightened liberality  which  prompted  so  munificent  a  <rift. 
It  would  be  a  disparagement  to  so  generous  a  spirit  to 
.imagine,  that  while  saying  so  much,  he  meant  so  little.  It 


TWENTY-NINTH     CONGRESS,    1845-47.  413 

would  be  so  wide  a  departure  from  his  large  and  wise  pur- 
poses, as  fairly  to  defeat  his  noble  aims.  Had  he  been  in 
fact  a  person  of  so  narrow  views  as  this  argument  supposes, 
he  would  have  guarded  against  the  possible  misapplication 
of  his  charity,  by  express  words  of  direction  or  restriction ; 
and  it  is  a  proof  of  rare  generosity  in  an  enthusiastic  lover 
of  an  engrossing  pursuit,  that  in  a  bequest  appropriating 
his  whole  estate  to  the  high  purpose  of  increasing  and  diffu- 
sing knowledge  among  men,  he  made  no  special  provision 
for  the  promotion  of  those  sciences  which  were  to  him  the 
most  attractive  of  studies. 

After  all,  however,  he  was  not  a  student  of  so  limited  a 
range  of  inquiry  as  has  been  sometimes  assumed.  He  was 
a  man  of  studious  and  scholastic  habits,  and  of  large  and 
liberal  research,  specially  devoted,  indeed,  to  the  cultivation 
of  certain  branches  of  natural  knowledge,  but  excluding  no 
science,  no  philosophy,  from  his  sympathies.  Too  enlight- 
ened to  be  ignorant  of  the  commune  vinculum.,  the  common 
bond  of  mutual  relation,  which  makes  all  knowledges  recip- 
rocally communicative  and  receptive — each  borrowing  light 
from  all,  and  each  in  turn  reflecting  light  upon  all — he  was 
too  generous  to  confine  his  bounty  to  the  gratification  of 
tastes  entirely  similar  to  his  own.  None  of  the  objects  em- 
braced in  this  bill  are  alien  from  his  probable  views. 
Books,  indeed,  he  did  not  collect,  as  we  propose  to  do, 
because  to  one  who  had  no  fixed  habitation  a  library  would 
have  been  but  an  incumbrance ;  and  he  lived  in  the  great 
cities  of  Europe,  where  public  and  private  munificence  has 
collected  and  devoted  to  general  use  such  ample  repositories 
of  the  records  of  knowledge,  that  individual  accumulation 
of  such  stores  is  almost  superfluous.  But,  though  he  gath- 
ered no  library,  his  writings  show  him  to  have  been  a  man 
of  somewhat  multifarious  reading ;  and  it  is  quite  a  gratui- 
tous assumption  to  suppose  him  to  have  been  one  of  those 
narrow  minds,  who  think  no  path  worth  traveling  but  that 
which  they  have  trodden,  no  field  worth  cultivating  whose 
fruits  they  have  never  plucked.  Apart,  then,  from  the 
liberty  which  the  broad  words  of  the  will  give  us,  we  are 
entitled  to  believe  that  the  purposes  of  the  testator  were  as 
comprehensive  as  the  language  he  has  used — that  he  aimed 
at  promoting  all  knowledge  for  the  common  benefit  of  all 
men — and  to  appropriate  to  the  American  people,  in  a  spirit 
worthy  of  the  object  and  of  ourselves,  the  compliment  he 
has  paid  us,  by  selecting  us  as  the  dispensers  of  a  charity 
which  knows  no  limits  but  the  utmost  bounds  of  human 


414  CONGRESSIONAL    PROCEEDINGS. 

knowledge,  and  claims  as  its  recipients  the  men  of  this  and 
of  all  coming  ages. 

The  limitation  of  the  bequest,  then,  is  to  the  "  increase 
and  diffusion  of  knowledge  among  men."  Here  two  objects 
arc  aimed  at.  Increase,  enlargement,  extrusion,  progress  : 
and  diffusion,  spread,  communication,  dissemination.  These 
the  hill  seeks  to  accomplish  by  various  means.  It  proposes 
to  increase  knowledge  by  collecting  specimen-  of  the  works 
of  nature-,  from  every  clime,  and  in  each  of  her  kingdoms  : 
bv  gathering  objects  in  every  branch  of  industrial,  decora- 
tive^ representative,  and  imaginative  art  :  by  accumulating 
the  records  of  human  action,  and  thought,  and  imagination, 
in  every  form  of  literature;  by  instituting  experimental  re- 
searches in  agriculture,  in  horticulture,  in  chemistry,  and 
in  other  studies  founded  upon  observation.  It  proposes  to 
diffuse  the  knowledge  thus  accumulated,  acquired,  and  ex- 
tended, by  throwing  open  to  public  use  the  divers'] lied  col- 
lections of  the  institution  in  every  branch  of  human  inquiry: 
by  lectures  upon  every  subject  of  liberal  interest  :  by  a  nor- 
mal school,  where  teachers  >hall  become  pupils,  and  the 
best  modes  that  experience  has  devised  tor  imparting  the 
rudiments  of  knowledge  shall  be  communicated  :  by  pre- 
paring and  distributing  models  of  scientific  apparatus,  and 
by  the  publication  of  lectures,  «-ssays.  manuals,  and  treatises. 

Of  the  various  instrumentalities  recommended  by  this 
noble  and  imposing  scheme,  the  simplest  and  most  efficient, 
both  as  it  respects  the  increase  and  the  diffusion  of  knowl- 
edge, is,  in  my  judgment,  the  provision  for  collecting  for 
public  use  a  library,  a  museum,  and  a  gallery  of  art  :  and  I 
should  personally  much  prefer,  that  for  a  reasonable  period 
the  entire  income  of  the  fund  should  be  expended  m  carry- 
ing out  this  branch  of  the  plan. 

But  in  expressing  my  preference  for  such  a  present  appli- 
cation of  the  moneys  of  the  fund,  and  my  belief  that  we 
should  thus  best  accomplish  the  purposes  of  the  donor,  I 
desire  not  to  be  understood  as  speaking  contemptuously  of 
research  and  experiment  in  natural  knowledge  and  the 
economic  arts.  I  have  too  much  both  of  interest  and  of 
feeling  staked  upon  the  prosperity  of  these  arts,  and  they 
are  to  me  subjects  too  intrinsically  attractive,  to  allow  me  to 
be  indifferent  to  any  measure  which  promises  to  promote 
their  advancement.  I  am  even  convinced,  that  their  earnest 
cultivation  and  extension  are  absolutely  indispensable  to  our 
national  prosperity,  our  true  independence,  and  almost  our 
political  existence  ;  and  I  am  at  all  times  ready  to  maintain 
their  claim  to  all  the  legislative  favor  which  if  is  within  the 


TWENTY-NINTH     CONGRESS,    1845-47.  415 

-power  of  the  general  Government  to  bestow.  I  would  not, 
therefore,  exclude  them  from  the  plan  of  a  great  national 
institution  for  the  promotion  of  all  good  learning ;  but  I 
desire  to  assign  them  their  true  place  in  the  scale  of  human 
knowledge,  and  I  must  be  permitted  to  express  my  dissent  I 
from  the  doctrine  implied  by  the  bill,  as  originally  framed 
and  referred  to  the  special  committee,  which  confines  all 
knowledge,  all  science,  to  the  numerical  and  quantitative 
values  of  material  things.  Researches  in  such  branches  as 
were  the  favored  objects  of  that  bill,  have  in  general  little 
of  a  really  scientific  character.  Geology,  mineralogy,  even 
chemistry,  are  but  assemblages  of  apparent  facts," empiri- 
cally established  ;  and  this  must  always  be  true,  to  a  great 
extent,  of  every  study  which  rests  upon  observation  and 
experiment  alone.  True  science  is  the  classification  and 
arrangement  of  necessary  primary  truths,  according  to  their 
relations  with  each  other,  and  in  reference  to  the  logical 
deductions  which  may  be  made  from  them.  Such  science, 
the  only  absolute  knowledge,  is  the  highest  and  worthiest 
object  of  human  inquiry,  and  must  be  drawn  from  deeper 
sources  than  the  crucible  and  the  retort. 

The  bill  provides  for  the  construction  of  buildings,  with 
suitable  apartments  for  a  library,  and  for  collections  in  the 
various  branches  of  natural  knowledge  and  of  art,  and  di- 
rects the  annual  expenditure  of  a  sum  "  not  exceeding  an 
average  of  ten  thousand  dollars,  for  the  gradual  formation 
of  a  library  composed  of  valuable  works  pertaining  to  all 
departments  of  human  knowledge."  As  I  have  already 
indicated,  I  consider  this  the  most  valuable  feature  of  the 
plan,  though  I  think  the  amount  unwisely  restricted ;  and 
I  shall  confine  the  few  observations  I  design  to  submit 
respecting  the  bill  chiefly  to  the  consideration  of  this  single 
provision.  I  had  originally  purposed  to  examine  the  sub- 
ject from  quite  a  different  point  of  view,  but  the  eloquent 
remarks  of  the  chairman  of  the  special  committee,  (Mr. 
Owen,)  which  seem  to  be  intended  as  an  argument  rather 
against  this  provision  than  in  favor  of  the  bill,  and  as  a 
reply  to  the  able  and  brilliant  speech  of  a  distinguished 
member  of  another  branch  of  Congress,  upon  a  former 
occasion,  (Mr.  Choate,)  has  induced  me  to  take  a  somewhat 
narrower  range  than  I  should  otherwise  have  done.  I 
wish,  sir,  that  Senator  were  here  to  rejoin,  in  his  own 
proper  person,  to  the  beautiful  speech  of  the  gentleman 
from  Indiana,  who  seems  rather  to  admire  the  rhetoric, 
than  to  be  convinced  by  the  logic,  of  the  eloquent  orator  to 
"whom  I  refer.  In  that  case,  sir,  I  think  my  friend  from 


416  CONGRESSIONAL    PROCEEDINGS. 

Indiana,  trenchant  as  are  his  own  weapons,  would  feel,  as 
many  have  felt  before,  that  the  polished  blade  of  the  gen- 
tleman, who  lately  did  such  honor  to  Massachusetts  in  the 
Senate  of  the  United  States,  is  not  the  less  keen,  because,  like 
Harmodius  and  Aristogiton,  he  wraps  it  in  sprays  of  myrtle. 

It  has  been  objected  by  some,  that  the  appropriation  is 
too  large  for  the  purpose  expressed — "  The  gradual  for- 
of  a  library  composed  of  valuable  works  pertaining  to  all 
departments  of  human  knowledge."  But  if  we  consider 
how  much  is  embraced  in  these  comprehensive  words,  wo 
shall  arrive  at  a  very  different  conclusion.  The  great  libra- 
ries of  Europe  range  from  200,000  to  500,000,  or  perhaps 
even  750,000  volumes.  That  of  the  university  of  Gottin- 
gen,  the  most  useful  of  all  for  the  purposes  of  general 
scholarship,  contains  about  300,000.  How  long  would  it 
require  to  collect  a  library  like  this,  with  an  annual  ex- 
penditure of  ten  thousand  dollars  ?  The  library  of  Congress 
is  said  to  have  cost  about  S3.50  per  volume;  but  as  a  whole 
it  has  not  been  economically  purchased,  and  though  com- 
posed chiefly  of  works  which  do  not  maintain  a  permanently 
high  price,  yet  as  a  large  proportion  of  tin-  annual  purchases 
consists  of  new  books  from  the  press  of  London,  the  clear- 
est book  market  in  the  world,  its  cost  has  been  much  higher 
than  that  of  a  great  miscellaneous  library  ought  to  be.  The 
best  public  library  in  America,  for  its  extent,  (10,000 
volumes,)  which  I  am  happy  to  say  is  that  of  the  university 
of  my  native  State,  Vermont,  costs  but  $1.50  per  volume. 
It  can  hardly  be  expected,  that  Government,  which  always 
pays  the  highest  price,  will  be  so  favorably  dealt  with ;  and 
it  is  scarcely  to  be  hoped,  that  it  will  succeed  in  securing, 
the  services  of  so  faithful  and  so  competent  an  agent  as  was, 
employed  by  the  University  of  Vermont. 

I  have  myself  been,  unfortunately  for  my  purse,  a  book- 
buyer,  and  have  had  occasion  to  procure  books,  not  only 
in  this  country,  but  from  all  the  principal  book  marts  in 
"Western  Europe.  From  my  own  experience,  and  some  in- 
quiry, I  am  satisfied  that  the  whole  cost,  of  such  books  as  a 
national  library  ought  to  consist  of,  including  binding  and 
all  other  charges,  except  the  compensation  and  travelling 
expenses  of  an  agent,  should  not  exceed  two  dollars  per 
volume.  If  you  allow  $2,000  for  the  compensation  and  ex- 
penses of  an  agent,  (which  would  not  be  increased  upon  a 
considerably  larger  expenditure,)  you  have  $8,000  remain- 
ing, which,  at  the  average  cost  I  have  supposed,  would 
purchase  four  thousand  volumes  a  year.  How  long,  I  re- 
peat, would  it  require  at  this  rate  to  accumulate  a  library 


TWENTY-NINTH     CONGRESS,    1845-47.  417 

equal  in  extent  to  that  of  Gottingen  ?  More  than  seventy 
years.  In  some  seventy  years,  then,  in  three  score  years 
and  ten,  when  you  sir,  and  I,  and  all  who  hear  my  voice, 
and  all  the  present  actors  in  this  busy  world  shall  be  num- 
bered with  the  dead,  we  may  hope,  that  free,  enlightened 
America,  by  the  too  sparing  use  of  the  generous  bounty 
of  a  stranger,  will  possess  a  collection  of  the  recorded  work- 
ings of  the  human  mind,  not  inferior  to  that  enjoyed  by  a 
single  school  in  the  miniature  kingdom  of  Hanover !  And 
what  provision  is  made  for  the  increase  of  books  meanwhile  t 
Look  at  the  activity  of  the  presses  of  London  and  Paris — at 
the  vastly  prolific  literature  of  Germany — at  the  increasing 
production  of  our  own  country — to  omit  the  smaller  but  still 
valuable  contributions  to  the  store  of  human  knowledge  in 
the  languages  of  other  countries,  and  you  will  perceive  that 
this  appropriation,  so  far  from  being  extravagantly  large, 
will  scarcely  even  suffice  for  keeping  up  with  the  current 
literature  of  the  day.  Gottingen  meantime  will  go  on. 
Her  300,000  volumes  will  increase  in  seventy  years  to  half 
a  million,  arid  we  shall  still  lag  200,000  volumes  behind. 

The  utility  of  great  libraries  has  been  questioned,  and  it 
has  been  confidently  asserted,  that  all  truly  valuable  knowl- 
edge is  comprised  in  a  comparatively  small  number  of  vol- 
umes. It  is  said  that  the  vast  collections  of  the  Vatican, 
of  Paris,  of  Munich,  and  of  Copenhagen  are,  in  a  great 
measure,  composed  of  works  originally  worthless,  or  now 
obsolete,  or  superseded  by  new  editions,  or  surpassed  by 
later  treatises.  That  there  is  some  foundation  for  this 
opinion,  I  shall  not  deny ;  but  after  every  deduction  is  made- 
upon  these  accounts,  there  will  still  remain  in  any  of  these 
libraries  a  great  number  of  works  which,  having  originally 
had  intrinsic  worth,  have  yet  their  permanent  value.  Be- 
cause a  newer,  or  better,  or  truer  book,  upon  a  given  sub- 
ject, now  exists,  it  does  not  necessarily  follow  that  the  older 
and  inferior  is  to  be  rejected.  It  may  contain  important 
truths  or  interesting  views  that  later,  and,  upon  the  whole, 
better  authors  have  overlooked — it  may  embody  curious 
anecdotes  of  forgotten  times — it  may  be  valuable  as  an  illus- 
tration of  the  history  of  opinion,  or  as  a  model  of  composi- 
tion ;  or  if  of  great  antiquity,  it  may  possess  much  interest 
as  a  specimen  of  early  typography. 

Again,  because  any  one  individual,  even  the  most  learned 
cannot,  in  this  short  life,  exhaust  all  art,  because  he  can 
thoroughly  master  but  a  few  hundred  volumes,  read,  or  even 
have  occasion  to  consult,  but  a  few  thousands,  we  are  not 
therefore  authorized  to  conclude  that  all  beyond  these  are 
27 


418  CONGRESSIONAL    PROCEEDINGS. 

superfluous.  Each  of  the  hundred  authors,  who  have  pro- 
duced those  thousands  of  volumes,  had  read  also  his  thousands 
The  scholar  is  formed,  not  by  the  books  alone  that  IK-  has 
read,  but  he  receives,  at  second  hand,  the  essence-  of  multi- 
tudes of  others;  for  every  good  book  supposes  and  implies 
the  previous  existence  of^numerous  other  good  hooks. 

An  individual  even  of  moderate  means,  and  who  is  con- 
tent to  confine  his  studies  within  somewhat  narrow  hounds, 
may  select  and  acquire  for  himself  a  library  adequate  to  his 
own  intellectual  wants  and  tastes,  though  entirely  unsmte<i 
to  the  purposes  of  one  of  different  or  larger  aims,  and  by 
the  diligent  use  of  this,  he  may  attain  a  high  degree  of  men- 
tal culture;  but  a  national  library  can  be  accommodated  to 
no  narrow  or  arbitrary  standard.  It  must  embrace  all 
science — all  history — all  languages.  It  must  he  extensive 
enough,  and  diversified  enough,  to  furnish  aliment  for  the 
cravings  of  every  appetite.  We  need  some  great  establish- 
ment, that  shall  not  hoard  its  treasures  with  the  jealous 
niggardliness  which  locks  up  the  libraries  of  Hritain,  1m: 
shall  emulate  the  generous  munificence  which  throws  open 
to  the  world  the  boundless  stores  of  literary  wealth  of  Ger- 
many and  France — some,  exhaustless  fountain,  where  the 
poorest  and  humblest  aspirant  may  slake  his  thirst  for 
knowledge,  without  money  and  without  price. 

Of  all  places  in  our  territory,  this  central  heart  of  the 
nation  is  the  fittest  for  such  an  establishment.  It  is  situated 
in  the  middle  zone  of  our  system — easilv  and  cheap!  v  acces- 
sible from  every  quarter  of' the  Union— blessed  witli  a  mild, 
a  salubrious,  and  an  equable  climak — abundant  in  the  nec- 
essaries and  comforts  of  physical  life — lar  removed  from 
the  din  of  commerce,  and  free  from  narrow  and  sectional 
influences. 

Letus  here  erecta  temple  of  the  muses,  served  and  guarded 
by  no  exclusive  priesthood,  but  with  its  hundred  gates  thrown 
open,  that  every  votary  may  enter  unquestioned,  and  you 
will  find  it  thronged  with  ardent  worshippers,  who.  though 
poverty  may  compel  them  to  subsist,  like  Ileyne,  on  the 
pods  of  pulse  and  the  parings  of  roots,  shall  yet  forget  the 
the  hunger  of  the  body  in  the  more  craving' wants  of  the 
soul. 

From  the  limited  powers  of  our  National  Government, 
and  the  jealous  care  with  which  their  exercise  is  watched 
and  resisted,  in  cases  where  the  interests  of  mere  humanity 
-not  party— are  concerned,  it  can  do  little  for  the  general 
promotion  of  literature  and  science.  The  present  is  a  rare 
opportunity,  the  only  one  yet  offered,  and  never  perhaps,  to 


TWENTY-NINTH    CONGRESS,    1845-47.  419 

T)e  repeated,  for  taking  our  proper  place  among  the  nations 
of  the  earth,  not  merely  as  a  political  society,  but  as  patrons 
of  knowledge  and  the  liberal  arts.  The  treasures  of  our 
national  wealth  are,  perhaps,  not  at  our  command  for  this 
purpose ;  and  it  is  only  by  the  discreet  use  of  this  bequest, 
and  of  the  funds  which  private  liberality  will  assuredly  con- 
tribute to^extend  the  means  of  the  institution,  that  we  can 
hope  to  kindle  a  luminary,  whose  light  shall  encompass  the 
earth,  and  repay  to .  Europe  the  illumination  we  have  bor- 
rowed from  her. 

The^  library  of  Gottingen,  of  which  I  have  spoken,  con- 
tains six  times  as  many  volumes  as  the  largest  American 
collections  ;  it  has  been  accumulated  within  a  comparatively 
short  period — scarcely  a  century — and,  having  been  selected 
upon  a  fixed  plan  by  the  ablest  scholars  in  the  world,  it 
contains  few  books  originally  without  merit,  few  duplicates, 
and  few  which  the  progress  of  science  and  literature  have 
rendered  worthless.  And  yet,  though  upon  the  whole  the 
best  existing  library,  it,  in  many  departments,  does  not  ap- 
proach to  completeness,  and  the  scholars  who  resort  to  it 
are  often  obliged  to  seek  elsewhere  sources  of  knowledge 
which  Gottingen  does  not  afford. 

We  shall  perhaps  be  best  able  to  estimate  our  own  defi- 
ciencies and  wants  by  comparing  the  contents  of  our  Con- 
gressional Library  with  the  actual  extent  of  existing  litera- 
ture. The  Library  of  Congress  contains  more  than  40,000 
volumes,  in  general  valuable  and  well  chosen,  with  not 
many  duplicates,  not  many  books  that  one  would  altogether 
reject.  It  is  not  composed,  like  too  many  of  our  public 
libraries,  in  any  considerable  decree,  of  books  which  have 
been  given,  because  the  proprietor  found  them  too  worthless 
to  keep,  but  it  has  been  almost  wholly  purchased  and  selected 
from  the  best  European  sale  catalogues,  and  yet  there  is  no 
one  branch  of  liberal  study,  even  among  those  of  greatest 
interest  to  ourselves,  in  which  it  is  not  miserably  deficient. 

There  is,  perhaps,  no  better  general  catalogue  of  such 
books,  in  the  various  departments  of  learning,  as  are  prized 
by  collectors,  than  the  Table  Methodique,  in  the  last  edition 
of  Brunet's  Manuel  du  Libraire.  Brunet  enumerates  more 
than  30,000  works,  making,  in  the  whole,  about  100,000 
volumes,  and  professes  to  specify  only  the  most  important 
and  the  rarest.  The  list  contains,  no  doubt,  very  many 
works  of  little  intrinsic  worth,  or  even  adventitious  interest  : 
but  it  is,  perhaps,  not  too  much  to  say,  that  a  library  of  the 
larger  class  ought  to  possess  at  least  25,000  of  the  volumes 
it  specifies.  But  this  list  is  even  tolerably  complete  in  but 


420  CONGRESSIONAL    PROCEEDINGS. 

few  departments.  In  French  history  and  literature,  in  civil 
and  international  law,  in  the  history  and  literature  of  class- 
ical antiquity  and  of  early  typography,  in  theology,  in 
medicine,  you  will  find  it  perhaps  nearly  satisfactory ;  but 
in  the  history  and  literature  of  all  other  nations,  and  in 
almost  every  other  field  of  inquiry  but  those  I  have  men- 
tioned, the  learned  scholar  will  miss  the  titles  of  many 
more  valuable  works  than  he  will  find,  while  many  highly 
interesting  and  important  chapters  are  almost  entirely 
blank.  The  Congressional  Library  does  not  probably  con- 
tain one-fourth  even  of  the  small  proportion  of  Brunet's 
list  which  I  have  described  as  of  intrinsic  and  permanent 
value.  But  are  there  not  numerous  branches  of  knowledge 
well  worthy  a  place  in  every  great  literary  repository,  and 
which  are  yet  wholly  unrepresented  in  our  alcoves?  Let 
us  devote  a  moment  to  some  dry  statistics  concerning  the 
literature  of  continental  Europe.  The  Bibliotheca  Ilistori-a 
Sueo-Gothica  of  Warmholtz,  the  last  volume  of  which  ap- 
peared in  1817,  enumerates  no  less  than  10,000  works  illus- 
trative of  the  history  of  Sweden  alone;  and  the  thirty  years 
since  have  added  greatly  to  the  number.  The  Literatur- 
Lexicon  of  Nyerup,  published  in  1820,  gives  the  titles  of 
probably  an  equal  number  of  works  belonging  to  the  liter- 
ature of  the  countries  subject  to  the  Danish  crown.  Hol- 
land, too,  has  noble  historians,  naturalists,  poets,  and 
dramatists,  and  has  produced  many  works  of  unsurpassed 
value  upon  the  history  of  commerce  and  navigation.  The 
list  of  Brunet  contains  not  one  in  a  hundred  of  the  standard 
authors  of  these  several  countries  ;  and  the  Li'hrary  of  Con- 
gress, as  far  as  I  remember,  does  not  possess  a  volume  in 
the  language  of  either  of  them.  Again,  consider  the  vast 
extent  and  surpassing  value  of  the  literature  of  Germany. 
Of  the  3,000,000  different  volumes  of  printed  books  sup- 
posed to  exist,  it  is  computed  that  more  than  one-third  arc 
in  the  German  language.  The  learning  of  Germany  em- 
braces every  field  of  human  inquiry,  and  the  efforts  of  her 
scholars  have  done  more  to  extend  the  bounds  of  modern 
knowledge  than  the  united  labors  of  the  rest  of  the  Chris- 
tian world.  Every  scholar  familiar  with  her  literature— let 
me  not  say  familiar,  for  life  is  too  short  for  any  man  to 
count  its  boundless  treasures — but  every  enlightened  stu- 
dent^  who  has  but  dipped  into  it,  will  readily  confess  its 
infinite  superiority  to  any  other,  I  might  almost  say  to  all 
other  literatures.  It  has  been  affirmed,  that  more  than 
one-half  of  our  population  is  of  recent  German  origin,  and 
German  is  the  vernacular  tongue  of  extensive  districts  of 


TWENTY-NINTH    CONGRESS,    1845-47.  421 

American  soil.  Yet  the  Library  of  Congress  contains  not 
one  hundred,  probably  not  fifty,  volumes  in  that  noble  lan- 
guage. You  have  none  of  the  numerous  writers  of  the 
vast  empire  of  Russia,  or  of  Poland ;  nothing  of  the  curious 
literatures  of  Hungary  and  Bohemia ;  only  the  commonest 
books  in  Italian  and  Spanish;  not  a  volume  in  the  language 
of  Portugal,  rich  as  it  is  in  various  literature,  and  especially 
in  the  wild  yet  true  romance  of  Oriental  discovery  and  con- 
quest, that  comes  down  to  us  through  the  pages  of  learned 
l)e  Barros  and  quaint  old  Castanheda,  ringing  upon  the  ear 
and  stirring  the  blood  like  the  sound  of  a  far-off  trumpet. 
In  the  boundless  world,  too,  of  Oriental  learning,  of  which 
our  increasing  commercial  relations  with  the  countries  of 
the  East  render  it  highly  desirable  that  we  should  possess 
the  means  of  acquiring  a  knowledge^  you  have  nothing  to 
show  but  a  few  translations  of  the  Bible,  and  perhaps  some 
works  of  devotion  or  elementary  religious  doctrine,  which 
American  missionaries  have  presented  you. 

Will  it  not  be  admitted  that  an  American  library,  the 
national  library  of  a  people  descended  from  men  of  every 
clime,  and  blood,  and  language — a  country  which  throws 
open  its  doors  as  an  asylum  for  the  oppressed  of  every  race 
and  every  tongue,  should  be  somewhat  more  comprehensive 
in  its  range  ?  *"  That  it  should  at  least  have  some  represent- 
atives of  every  branch  of  human  learning,  some  memorials 
of  every  written  tongue  that  is  spoken  within  its  borders  ? 

But,  even  in  English  literature,  our  library  is  sadly  mea- 
gre. How  far  are  we  from  possessing  a  tolerably  complete 
series  of  the  English  printed  books  of  the  fifteenth  and 
sixteenth  centuries,  or  even  of  that  best  age  of  English 
learning,  that  age  with  which  every  honest  American  most 
truly  sympathizes,  the  age  of  Cromwell  and  of  Milton  ? 
Would  it  not  be  well  to  have  at  our  command  the  means  of 
enabling  some  diligent  scholar  to  write  what  has  not  yet 
been  worthily  written,  or  indeed  scarce  even  attempted,  a 
complete  history  of  the  literature  of  our  Anglo-Saxon 
mother  tongue — or  to  perform  that  Herculean  task,  which, 
in  spite  of  the  vaunted  but  feeble  labors  of  Webster,  re- 
mains still  to  be  accomplished,  the  preparation  of  a  respect- 
able English  dictionary  ? 

If  there  is  any  department  of  learning,  in  which  a  library 
selected  for  the  use  of  the  representatives  of  a  democracy 
should  be  complete,  it  is  that  of  history.  But  what  have 
we  of  the  sources  of  historical  investigation?  Historic* 
indeed  we  have,  but  little  history.  True,  we  have  Robert- 


422  CONGRESSIONAL    PROCEEDINGS. 

son,  and  Hume,  and  Voltaire,  and  Gibbon,  and,  above  all, 
Alison,  a  popular  writer  in  these  days,  and— 

"  Like  Sir  Agrippa,  for  profound 
And  solid  lying,  much  renowned  ;" 

but  of  those  materials  from  which  true  history  is  to  be 
drawn,  we  have  little,  very  little.  The  works  belonging  to 
the  proper  history  of  the  American  Continent  alone,  every 
one  of  which  it  would  be  highly  de&irable  to  possess,  num- 
ber certainly  more  than  20,000  volumes,  fully  equal  to  one- 
half  the  Congressional  Library,  and  of  these  we  have,  as 
yet,  but  a  small  proportion. 

If  the  bounty  of  the  generous  foreigner,  in  spite  of  the 
broad  language  which  expresses  his  liberal  purpose,  is  to  be 
confined  to  the  narrow  uses  which  some  gentlemen  propose, 
the  appropriation  of  §10,000  per  annum  is  unnecessarily 
large,  at  least  for  permanent  expenditure.  A  moderate 
amount  would  collect  all  that  is  worth  buying  in  the  experi- 
mental sciences,  and  a  small  annual  appropriation  would 
keep  up  with  the  advance  of  knowledge  in  this  department. 
But  it  is  due  to  ourselves,  due  to  our  age,  due  to  the  lofty 
views  which  inspired  a  benefaction  so  splendid — a  gift 
clogged  with  no  narrow  conditions — that  \ve  act  in  a  more 
generous,  a  wider,  a  more  catholic  spirit;  that  we  remember. 
that  "  knowledge  "  embraces  other  arts  than  those  of  bread  : 
that  man's  economical  interests  are  not  his  highest. 

The  purpose  of  the  testator,  which  we  are  to  carry  out, 
was  "  the  increase  and  diffusion  of  knowledge  among  men." 
What,  then,  is  the  most  efficient  means  of  increasing  and 
diffusing  knowledge  ?  Increase,  accumulation,  must  pre- 
cede diffusion.  Every  rill  supposes  a  fountain ;  and  know- 
ledge cannot  "  flow  down  our  streets  like  a  river,"  without 
there  be  first  built  and  filled  a  capacious  reservoir,  from 
which  those  streams  shall  issue.  It  is  an  error  to  suppose 
that  the  accumulation  of  the  stores  of  existing  learning, 
the  amassing  of  the  records  of  intellectual  action,  does  not 
tend  also  to  increase  knowledge.  What  is  there  new  in  the 
material  world,  except  by  extraction  or  combination  ?  How 
are  new  substances  formed,  or  the  stock  of  a  given  substance 
increased,  by  the  chemistry  of  nature  or  of  art?  By  new 
combinations  or  decompositions  of  known  and  pre-existing 
elements.  The  products  of  the  experimental  or  manufac- 
turing laboratory  are  no  new  creations;  but  their  elements 
are  first  extracted  by  the  decomposition  of  old  compounds, 
and  then  recombined  in  new  forms.  Thus  is  it  also,  in 
some  degree,  with  the  immaterial  products  of  the  human 
mind ;  but  there  is  this  difference ;  knowledge  grows  not 


TWENTY-NINTH     CONGRESS,    1845-47.  423 


alone  by  extraction  and  combination,  but,  unlike  the  dead 
matter  with  which  chemistry  deals,  it  is  itself  organic, 
living,  productive.  There  is  moreover,  as  I  have  already -4 
hinted,  between  all  branches  of  knowledge  and  of  liberal 
art,  whether  speculative  or  experimental,  such  an  indissol- 
uble bond,  such  a  relation  of  interdependence,  that  you 
cannot  advance  any  one  without  at  the  same  time  promoting 
all  others.  The  pioneer  in  every  walk  of  science  strikes 
put  sparks  that  not  only  guide  his  own  researches,  but 
illuminate  also  the  paths  of  those  around  him,  though  they 
may  be  laboring  in  quite  other  directions.  Examples  of 
this  kind  might  be  multiplied  without  end,  but  I  will  con- 
tent myself  with  an  illustration  or  two  from  a  science  which 
deals  only  in  abstract  numbers  and  imaginary  quantities, 
and  utterly  rejects  experiment  and  observation  as  tests  of 
truth  or  as  instruments  of  its  discovery.  Who  would  have 
supposed  that  the  intervals  of  the  diatonic  scale  in  music 
were  capable  of  exact  appreciation,  and  their  relations  of 
precise  ascertainment,  by  numerical  quantities?  Who 
would  have  expected  that  pure  mathematics  would  have 
been  appealed  to  to  decide  between  the  rival  claims  of  the 
corpuscular  and  the  undulatory  theories  of  light;  or  to 
ascertain  the  proportions  and  relations  of  elementary  bodies 
not  appreciable  by  any  of  the  senses,  in  chemical  combina- 
tions ;  or,  as  my  accomplished  friend  from  South  Carolina 
(Mr.  Holmes)  suggests,  that  the  authenticity  of  a  disputed 
text  in  the  Scriptures  would  be  determined  by  an  algebraical 
theorem  ?  What  do  not  astronomy,  navigation,  civil  engi- 
neering, practical  mechanics,  and  all  the  experimental 
sciences,  owe  to  this  one  science,  which  in  its  investigations 
appeals  to  no  empiricism,  calls  in  the  aid  of  none  of  the 
senses,  none  of  the  machinery  of  art  or  of  nature. 

But,  independent  of  this  particular  point,  the  aid  which 
the  physical  sciences  may  expect  to  derive  from  mere  specu- 
lative knowledge,  I  should  hope  that  at  this  time,  and  in 
this  place,  one  might  safely  venture  a  plea  in  behalf  ot  all 
that  higher  knowledge  which  serves  to  humanize,  to  refine, 
to  elevate,  to  make  men  more  deeply  wise,  better,  less 
thoughtful  of  material  interests,  and  more  regardful  of 
eternal  truths.  And  let  it  not  be  said  that  our  own  brief 
history  proves  that  great  libraries  are  superfluous,  because 
without  them  we  have  produced  statesmen,  civilians,  orators, 
and  jurisprudents,  no  wise  inferior  to  the  ablest  of  their 
European  contemporaries.  Without  dwelling  upon  the 
stimulus  of  popular  institutions,  and  the  stirring  excite- 
ment of  our  revolutionary  and  later  history,  which  have 


424  CONGRESSIONAL    PROCEED! NUS. 

tended   to   encourage  the  development  of  this  species  of 
talent,  the  objection  is  sufficiently  answered  by  saying  that, 
in  the  case  of  most  of  the  American  statesmen  of   the 
Revolution,  as  well  as  of  many  of  later  date,  private  wealth 
has  supplied  the  place  of  public  provisions  for  the  attain- 
ment of  knowledge.     In  the  period  of  our  colonial  history, 
the  sons  of  wealthy  families  were  often  educated  in  the  best 
schools  of  Europe,  and  the  framers  of  our  Constitution 
were  chiefly  men  of  high  education  and  elegant  attainments. 
Jefferson,  whose  writings  are  canonical  with  the  democracy, 
had  the  best  private  library  in  America,  and  was  a  man  of 
multifarious,  if  not  of  profound  learning.     The  State  papers 
of  that  remarkable  era  are,  with  tew  exceptions,  obviously 
productions  of  men   not  merely  of  inspired  genius   or   of 
patient  thought,  but  of  laborious  acquisition;  and  they  art- 
full,  not  of  that  cheap  learning  which  is  proved  by  pedantic 
quotation,  but  of  that  sound  discipline   which  is  the   un- 
equivocal result  of  extensive  reading  and  diligent  research. 
Who  have  been  the  men,  in  all  ages  that  have  exercised  the 
wisest   and  most  permanent  influence  both  on  the  moral 
and  physical  well-being  of  man  ?     The  spirit  of  the  crusades 
wras  roused  by  the  preaching  of  a  thoughtful  solitary:  Colum- 
bus was  a  learned  scholar,  and  Luther  but  a  studious  monk. 
"Watt,  the  great  improver  of  the  steam  engine,  was  a  man  of 
curious  and  recondite  learning.     Bonaparte   was   carefully 
educated  at  the  school  of  Brienne,  and  was  through  life  a 
liberal  patron  of  learning  and  the  arts.     The  glorious  rebel- 
lion of  1649  was  the  work  of  men  of  the  closet ;  and  Milton, 
who  to  our  shame  is  less  known  among  us  by  his  prose  than 
by  his  poetry,  was  its  apostle.     Our  own  independence  was 
declared  and  maintained  by  scholars,  and  all   men   know 
that  the  French  revolution  had  its  germ  in  the  writings  of 
the  Encyclopaedists.     All  men,  in  fact,  who  have  acted  upon 
opinion,  who  have  contributed  to  establish  principles  that 
have  left  their  impress  for  ages,  have  spent  some  part  of 
their  lives  in  scholastic  retirement.     It  is  this  very  point— 
the  maintenance  of  principles  discovered  and  defended  by 
men  prepared  for  that  service  by  severe  discipline  and  labor- 
ious  study — that  so  strikingly  distinguishes   the    English 
rebellion  of  1649  and  our  own  Revolution  from  most  other 
insurrectionary    movements,   and    particularly    from    the 
French  revolution.     The  English  and  American  statesmen 
of  those  two  periods  were  contending  for  truths,  the  French 
atheists  and  philosophers  for  interests  ;  the  former  sought  to 
learn  their  duties,  the  latter  concerned  themselves  only  about 


TWENTY-NINTH     CONGRESS,    1845-47.  425 

their  rights;  the  Anglo-Saxon  was  inspired  by  principle,  the 
Gaul  was  instigated  by  passion. 

The  principles  of  American  liberty,  which  education  and 
habit  have  rendered  so  familiar  to  us,  that  we  fancy  them 
intuitive  or  even  instinctive,  are  in  truth  no  more  obvious 
than  the  physical  theory  of  the  universe  ;  and  the  study  of 
the  philosophical  and  political  history  of  the  last  three  cen- 
turies will  convince  every  inquirer,  that  their  development 
from  their  germs,  as  involved  in  the  fundamental  do.ctrines 
of  the  Keforrnation,  has  been  the  work  not  of  unconscious 
time  only,  but  has  required  the  labor  of  successive  genera- 
tions of  philosophers  and  statesmen. 

I  look  upon  a  great  and  well  selected  library,  composed 
of  the  monuments  of  all  knowledge,  in  all  tongues,  as  the 
most  effective  means  of  releasing  us  from  the  slavish  defer- 
ence which,  in  spite  of  our  loud  and  vaporing  protestations 
of  independence,  we  habitually  pay  to  English  precedents 
and  authorities,  in  all  matters  of  opinion.     Our  history  and 
our  political  experience  are  so  brief,  that,  in  the  mult! 
of  new  cases  which  are  perpetually  arising,  we  are  often  at  a 
loss  for  domestic  parallels,  and  find  it  cheaper  to  cite  an  Eng- 
lish dictum  than  to  investigate  a  question  upon  more  mde 
pendent  grounds.     Not  only  are  our  parliamentary  law,  o 
legislative  action,  our  judicial  proceedings,  to  a  great  extent 
fashioned  after  those  of  the  mother  country,  but  the  funda- 
mental principles  of  our  Government,  our  theory  of 
political  rights  of  man,  are  often  distorted,  in  order  that 
they  may  be  accommodated  to  rules  and  definitions  drawn 
from  English  constitutional  law.     Even  the  most  sacred  of 
political  rights,  the  right  of  petition,  I  have  heard  b 
attacked  and  defended  upon  this  floor,  by  very  sufficient 
Democrats,  entirely  upon  precedents  drawn  from  the  prac- 
tice  of  the  British  Parliament,     Our  community  of  on« 
language,  and  law,  exposes  the  younger  nation  to  the  con- 
stant dlnger  of  being  overshadowed  by  the  authority  of  the 
elder,     if  is  a  great  evil  to  a  young  and  growing  people,  as 
well  as  to  a  youthful  and  aspiring  spirit,  to  have  its  energies 
cramped,  and  its  originality  smothered,  by  ^^  W*  £ 
conform  ty  to  any  one  model,  however  excellent  ;  and       i* 
quite  time  for  us  to  learn,  that  there  are  other  sources  of 
instruction  than  the  counsels  and  example  of  our  ancient 


'  make  these  remarks  in  no  narrow  feeling  of  jealous 
hostilitv  to  England  ;  still  less  at  M**«™^"^ 
-aeekin^  to  raise  a  whirlwind  of  popular  indignation  a? 
that  country,  upon  which   they  may  themselves  float   to 


426  CONGRESSIONAL    PROCEEDINGS. 

power,  would  I  join  in  any  vulgar  denunciations  of  a  people- 
from  whom  we  have  borrowed  so  much.  We  owe  to  Eng- 
land much  of  our  political  principles,  many  of  the  founda- 
tions of  our  civil  and  religious  liberties,  many  of  the  most 
valuable  features  of  our  jurisprudence.  Something,  indeed, 
we  have  repaid.  England,  in  common  with  all  Europe,  has 
profited  by  our  experience.  The  grasp  of  feudal  oppression 
has  been  relaxed,  the  atrocious  severity  of  the  criminal  law 
has  been  mitigated,  judicial  proceedings  have  been  simpli- 
fied, the  subject  has  been  admitted  to  a  larger  participation 
in  the  concerns  of  government,  monopolies  are  becoming 
obsolete,  and  the  responsibilities  of  rulers  are  felt  to  be 
more  stringent.  To  the  credit  of  many  of  these  ameliora- 
tions we  may  fairly  lay  claim;  while  in  science,  and  its 
application  to  the  arts,  we  have  sustained  no  disgrace-Till 
rivalry  with  our  transatlantic  brethren.  But  no  generous 
man  thinks  his  debt  of  gratitude  canceled  till  it  is  thrice 
repaid,  and  we  have  therefore  yet  much  to  do,  before  we 
can  say  that  America  is  no  longer  the  debtor  of  England. 
Let  us,  then,  seize  this  one  opportunity  which  a  son  oT  her 
own  has  offered  us,  and  build  with  it  a  pharos,  whose  light 
shall  serve  as  well  to. guide  the  mariner  in  the-  distant  hori- 
zon, as  to  illuminate  him  who  casts  anchor  at  its  Toot. 

But  what  are  we  offered  instead  of  the  advantages  which 
we  might  hope  to  reap  from  such  a  library  as  I  have  de- 
scribed? We  are  promised  experiments  and  lectures,  a 
laboratory  and  an  audience  hall.  Sir,  a  laboratory  is  a 
charnel  house,  chemical  decomposition  begins  with  death, 
and  experiments  are  but  the  dry  bones  of  science.  It  is 
the  thoughtful  meditation  alone  of  minds  trained  and  dis- 
ciplined in  far  other  halls,  that  can  clothe  these  with  flesh, 
and  blood,  and  sinews,  and  breathe  into  them  the  breath  of 
life.  Without  a  library,  which  alone  can  give  such  training 
and  such  discipline,  both  to  teachers  and  to  pupils,  all  these 
are  but  a  masqued  pageant,  and  the  demonstrator  is  a  har- 
lequin. This  is  not  a  question  of  idle  speculation,  it  is  one 
that  experience  has  answered.  There  are  no  foci  which  are 
gathering  and  reflecting  so  much  light  upon  the  arcana  of 
natural  science  as  the  schools  of  Paris  and  of  Germany, 
and  all  scholars  are  agreed  that  the  great  .libraries  of  those 
seminaries,  and  the  mental  discipline  acquired  by  the  use  of 
them,  are,  if  not  the  sole  means,  at  least  necessary  condi- 
tions, of  their  surpassing  excellence. 

But  we  are  told  that  these  experimental  researches  will 
guide  us  to  the  most  important  of  all  knowledge,  that, 
namely,  of  common  things.  Sir,  what  are  common  things  ? 


TWENTY-NINTH-CONGRESS,    1845-47.  427 

Is  nothing  common  but  these  material  frames  of  ours ; 
nothing,  but  the  garments  we  wear,  the  habitations  that 
shelter,  and  the  food  that  nourishes  us ;  nothing,  but  the 
air  we  breathe,  the  fowls  of  heaven,  the  beasts  of  the  field, 
the  herbs,  the  trees,  and  the  rocks  around  us  ?  Is  nothi no- 
common  but  the  glittering  sands  beneath  our  feet,  and  the 
glittering  stars  on  ^  which  we  gaze  ?  Sir,  these  are  indeed 
common,  and  well  it  is  to  understand  their  uses,  and  so  far 
as  our  dim  vision  can  pierce,  even  their  natures  also.  But 
are  there  not  things  even  more  common,  nearer  to  our  in- 
most selves,  harder  indeed,  but  more  profitable  to  be  under- 
stood ;  objects  not  limited  by  the  three  dimensions,  not 
ponderable,  not  cognizable  by  any  of  the  senses,  and  yet 
subjects  of  precise  definition,  of  logical  argument,  of  phil- 
osophical interest,  and  of  overwhelming  importance?  Sir,- 
the  soul  of  man  is  a  very  common  thing;  his  relations  to 
his  Maker  and  to  his  fellows,  the  laws^of  his  moral  and 
intellectual  being,  his  past  history  and  his  probable  future 
destiny,  the  principles  of  government  and  the  laws  of  polit- 
ical economy — all  these  are  common  things,  the  commonest 
indeed  of  all  things,  and  shall  we  make  no  provision  for 
instruction  in  these  ? 

But,  sir,  the  knowledge  of  what  are  called  the  physical 
sciences  is  of  far  less  importance,  even  in  reference  to  the 
very  objects  which  they  are  supposed  especially  to  promote, 
than  is  generally  believed.  There  was  an  age — I  should 
say  ages — brilliant  and  glorious  ages  of  philosophers,  of 
statesmen,  of  patriots,  of  heroes,  and  of  artists,  and  arti- 
zans  too ;  when,  as  yet,  the  sciences  of  chemistry,  and 
mineralogy,  and  metallurgy  had  neither  name  nor  being — • 
when  experimental  research  was  unknown,  and  the  raw 

material  of  the  arts  was  prepared  for  subsequent  mariipula- | 

tion  in  no  laboratory  but  the  hidden  workshops  of  nature — 
when  the  profoundest  philosophers  were  content  with  resolv- 
ing all  material  things  into  the  four  elements,  and  men  knew 
nothing  of  that  subtle  analysis  and  those  strange  powers, 
whereby  the  elements  themselves  are  decomposed,  the  in- 
gredients of  the  atmosphere  solidified,  and  granite,  porphyry 
and  adamant,  resolved  into  imperceptible  gases.  And  what 
sir,  have  our  boasted  researches  taught  us  to  accomplish  iu 
the  industrial  arts,  that  the  cunning  workman  of  Egypt,  and 
Tyre,  and  Greece  could  not  do  three  thousand  years  ago  ? 
Can  our  machinery  rear  loftier  piles  than  the  Pyramids,  or 
move  more  ponderous  masses  than  the  stones  of  Persepolis, 
or  the  monolithic  temples  of  Egypt?  Is  a  European  prin- 
cess arrayed  in  finer  webs  than  the  daughter  of  a  Pharaoh r 


428  CONGRESSIONAL  PROCEEDINGS. 

or  decked  in  colors  more  gorgeous  than  the  Tyrian  purple  ? 
Can  the  chemistry  of  England  compound  more  brilliant 
or  more  durable  pigments  than  those  which  decorate  the 
walls  of  the  catacombs  of  the  Nile?  Can  the  modern 
artist,  with  all  the  aid  of  his  new  magnifiers,  rival  the 
microscopic  minuteness  of  some  ancient  mosaics;  or  can 
the  glass-workers  of  our  times  surpass  the  counterfeit  gems 
'of  antiquity  ? 

rSir,  modern  chemistry,  metallurgy,  and  machinery,  have 
multiplied,  cheapened,  and  diffused — not  improved — the 
products  of  industrial  art;  and  herein  lies  our  superiority, 
not  that  we  can  do  better,  but,  by  bringing  to  our  aid  the 
obedient  forces  of  nature,  we  can  do  more,  than  our  prede- 
cessors. In  this  point  of  view,  regarding  modern  improve- 
ments in  these  arts  as  the  great  equalizers  of  the  conditions 
of  different  ranks  in  society,  no  man  ean  estimate  them 
more  highly  than  I  do,  and  I  hope  soon  to  have  an  opportu- 
nity of  showing  that  I  duly  appreciate  them.  But  L  must 
protest  against  that  classification  of  the  objects  of  human 
knowledge,  which,  by  giving  them  an  undue  pre-eminence, 
elevates  empiricism  above  true  science,  prefers  matter  t»> 
mind,  and,  in  its  zeal  to  advance  the  means,  quite  loses  sight 
of  the  end. 

Sir,  these  arts  are  the  right  hand,  not  the  spirit,  of  true 
progressive  democracy;  they  are  the  lever  that  shall  move 
the  world,  not  the  immaterial  mind  that  shall  guide  it. 

Mr.  Chairman,  at  present  I  neither  propose  nor  expect 
any  modification  of  this  bill.  I  am  content  with  it  as  an 
experiment,  though  I  should  prefer  the  appropriation  of 
the  entire  income  of  the  fund  for  one  generation — three 
times  only  as  long  as  it  has  now  lain  idle — to  the  purpose  of 
founding  such  a  library  as  the  world  has  not  yet  seen. 
If  I  support  the  bill,  I  shall  support  it,  I  repeat,  as  an 
experiment,  but  in  the  confident  hope  that  the  plan  will 
soon  be  so  changed  as  to  make  the  Smithsonian  Institution 
a  fitter  representative  of  a  charity  which  embraces  all  knowl- 
edge as  its  object,  and  appoints  the  whole  human  race  its 
beneficiaries. 

Mr.  MORSE  said  he  desired  to  submit  a  few  observations 
in  relation  to  the  disposition  of  this  fund. 

Expressing  the  pleasure  which  he  had  derived  from  the 
argument  of  the  learned  and  eloquent  gentleman,  [Mr. 
MARSH,]  who  had  just  taken  his  seat,  he  [Mr.  MORSE]  was 
still  of  opinion  that  if  anything  could  be  drawn  from  the 
character  of  the  testator,  or  from  his  habits  and  pursuits,  as 
to  the  direction  which  he  desired  his  bequest  should  take,  it 


TWENTY-NINTH     CONGRESS,    1845-47. 

was  of  a  much  more  practical  nature  than  that  contemplated 
either  by  the  gentleman  from  Vermont,  [Mr.  MARSH,]  or  by 
the  originators  of  the  bill  before  the  House,  Mr.  Smithson 
was  a  practical  man  ;  and  although  endowed  with  the  high- 
est learning,  he  yet  condescended  to  devote  his  time  to  a 
subject  of  the  most  domestic  and  homely  character.  If  his 
intention  had  been  to  establish  a  university,  or  a  magnifi- 
cent library,  and  thus  to  have  his  name  transmitted  to  pos- 
terity, it  would  have  been  easy  for  him  to  have  said  so,  and 
nothing  would  have  been  left  to  this  country  but  to  carry 
out  his  enlightened  and  liberal  intentions.  But  he  had  no 
doubt  studied  the  peculiar  character  of  the  American  peo- 
ple, and  discovered,  that  whilst  they  entertained  a  proper 
respect  for  the  learning  and  genius  of  the  German  universi- 
ties, of  the  sciences  taught  in  the  universities  of  Europe, 
still  there  was  something  in  the  common  sense  and  practical 
knowledge  of  that  people  which  comported  with  his  notions  ; 
and  he  desired  that  this  money  should  be  devoted  to  some 
plan  of  diffusing  practical  and  useful  knowledge  amongst 

them.  ~ 

Mr.  MORSE  referring  to  some  portions  of  the  argument  < 
Mr  MARSH,  inquired  what  there  was  in  the  learning  and 
science  of  Europe  comparable  to  the  discovery  of  the  steam 
eno-ine  by  an  American,  or  of  the  cotton-gin,  or  of   the 
magnetic  telegraph  ?     All  our  inventions  had  a  tendency  to 
improve  the  condition  of  the  human  race,  and  particularly 
of  the  common  people;  and  it  was  no  doubt  under  a  just 
and  proper  appreciation  of  that  character,  that  the  testator 
left  his  money  to  be  applied  to  such  objects.     Did  he  intend 
to  establish  a  university?     No.     Did  he  intend  to  establis 
a  magnificent  library  f    No.     He  knew  that  the  world  was 
full  of  musty  compilations,  of  the  productions  ot  learned 
authors,  to  be  wondered  at  more  for  their  extent  than  tor 
their  usefulness.     He  (Mr.  M.)  was  not  among  the  number 
of  those  who  wished  to  depreciate  the  lea  rning  tr  easured 
up  for  ages  past  bv  the  book-makers  and  book-collector 
all  nations  ;  but  he  proposed  to  offer  to  the.  consideration  of 
the  committee  a  substitute,  which,  he  thought,  would  re- 
move some  of  the  constitutional  objections  raised  against 
the  bill,  and  which  would,  in  his  judgment,  mee 


eno,  however,  to  interfere  with  the  progress 
of  this  bill.     He  concurred  in  the  opinion  which  had 
expressed,  that  it  was  a  crime,  a  burning  sin,  t  at  this 
nation  should  have  held  this  n^^^M^^ 
tion  of  a  solemn  trust,  and  in  violation  of  the  solemn  o 


430  CONGRESSIONAL    PROCEEDINGS. 

gations  imposed  upon  every  man  who,  at  this  bar,  had 
taken  the  oath  to  support  the  constitution  and  to  act  for  the 
hest  interests  of  the  people.  It  was  in  violation  of  that 
spirit  which  ever  ought  to  actuate  the  American  nation,  to 
be  the  recipient  of  this  munificent  sum,  and  yet  to  suffer 
the  people— the  masses,  the  oi  polioi— to  be  so  long  deprived 
of  any  benefit  from  it.  But  if  there  was  strength  enough 
in  the  House  to  pass  the  bill,  he  had  no  particular  pride  in 
takino*  another  course.  He  should,  therefore,  submit  his 

O  _    -  .•  i  •  .  i  •  .  . 


proposition  at  the  proper  time,  leaving  the  Committee  to  act 
upon  it  as  it  might  think  proper. 

The  substitute,  of  which  Mr.  M.  gave  notice,  is  in  the  fol- 
lowing words  : 

A  BILL  to  establish  the  Smithsonian  Institution  for  the  "  increase  and 
diffusion  of  knowledge  among  men." 

Whereas  James  Smithson,  Esquire,  of  London,  in  the  Kingdom  of  Great 
Britain,  by  his  last  will  and  testament  did  give  the  \vhole  of  his  property 
to  the  United  States  of  America,  to  found,  at  Washington,  under  the  name 
of  the  Smithsonian  Institution,  an  establishment  for  the  inerca-e  and  diffu- 
sion of  knowledge  among  men  ;  and  whereas  tin- creation  of  a  university, 
academy,  or  college,  is  liable  to  constitutional  difficulties,  sectional  jeal- 
ousies, and  would  absorb  a  large  proportion  of  the  funds  in  the  erection  of 
buildings,  and  would  more  or  less  interfere  with  the  numerous  institutions 
throughout  our  country;  and  with  a  view  of  carrying  out,  in  the  simplest 
form,  the  benevolent  intentions  of  the  donor  : 

Be  it  enacted  by  the  Senate  and  House  of  Representative*  of  the  United 
.States  of  America  in  Congress  assembled,  That  the  management  of  this  fund 
shall  be  entrusted  to  a  board  of  managers,  to  be  styled  the  Trustees  of  the 
Smithsonian  Legacy,  to  be  composed  of  the  President  and  Vice  President 
of  the  United  States,  the  Chief  Justice,  during  the  time  for  which  they 
shall  hold  their  respective  offices,  the  heads  of  the  different  departments, 
the  foreign  ministers,  the  Mayor  of  the  city  of  Washington,  members  of  the 
Senate  and  House  of  Representatives,  together  with  seven  other  persons, 
two  of  whom  shall  be  members  of  the  National  Institute,  and  resident  in 
the  city  of  Washington,  and  the  other  five  thereof  shall  be  inhabitants  of 
States,  and  no  two  of  them  of  the  same  State.  And  the  managers  to  be 
selected  as  aforesaid  from  Congress  shall  be  appointed  immediately  after  the 
passage  of  this  act— the  members  of  the  Senate  by  the  President  thereof, 
and  the  members  of  the  House  by  the  Speaker  thereof;  and  those  so  ap- 
pointed shall  serve  until  the  fourth  Wednesday  of  December  the  second  next 
after  the  passage  of  this  act;  and  then,  and  biennially  thereafter,  on  every 
alternate  fourth  Wednesday  of  December  a  like  number  shall  be  appointed  in 
the  same  manner  to  serve  until  the  fourth  Wednesday  in  December  the  second 
succeeding  their  appointment ;  and  they  shall  also  constitute  arid  be  denomi- 
nated a  jomt  standing  committee  of  Congress  on  the  Smithsonian  Institution  ; 
iind  vacancies  occasioned  by  death,  resignation,  or  otherwise,  shall  be  filled  as 
vacancies  in  committees  are  filled ;  and  the  other  seven  managers  aforesaid 
.shall  serve  for  the  term  of  two  years  from  the  fourth  Wednesday  of  December 
next  after  the  passage  of  this  act;  when,  and  on  every  alternate  fourth 
Wednesday  of  December  thereafter,  a  new  election  thereof  shall  be  made 
by  joint  resolution  of  Congress;  and  vacancies  occasioned  by  death,  resig- 
nation, or  otherwise,  may  be  filled  in  like  manner,  by  joint  resolution  of 
Congress.  And  the  said  managers  shall  meet  and  organize,  by  the  choice 
•of  a  president,  in  the  city  of  Washington,  on  the  first  Monday  in  September 


TWENTY-NINTH    CONGRESS,    1845-47. 

-next  after  the  passage  of  this  act,  and  they  shall  then  fix  on  the  times  for 
reo-ular  meetings  of  the  board  ;  and  on  application  of  any  three  of  the  man- 
ao?rs  to  the  superintendent  of  the  said  institution,  it  shall  be  his  duty  to 
appoint  a  special  meeting  of  the  board,  of  which  he  shall  give  notice  by 
letter  to  each  of  the  members  ;  -and  at  any  meeting  of  the  board  of  man- 
ao-ers  five  shall  constitute  a  quorum  to  do  business.  And  each  member  ot 
the  board  of  managers  shall  be  paid  his  necessary  traveling  and  other  actual 
expenses  in  attending  meetings  of  the  board,  which  shall  be  audited  and 
recorded  by  the  superintendent  of  the  institution  ;  but  his  service  as  mana- 
ger shall  be  gratuitous.  And  whenever  money  is  require.!  for  the  payment 
of  the  debts  or  performance  of  the  contracts  of  the  institution,  incurred  or 
entered  into  in  conformity  with  the  provisions  of  this  act,  or  for  making 
the  purchases  and  executing  the  objects  authorized  by  this  act,  the  superin- 
tendent or  the  managers,  or  any  three  thereof,  may  certify  to  the  president 
of  the  board  that  such  sum  of  money  is  required  ;  whereupon,  he  shall  sub- 
mit the  same  to  a  committee  of  three  of  the  managers,  appointed  for 
purpose,  for  examination  and  approval  ;  and  upon  such  exaimnatic 
approval,  he  shall  certify  the  same  to  the  proper  officer  of  the  Treasury  for 
payment  And  the  said  board  shall  make  all  needful  rules,  regulations  and 
bv-laws  'for  the  government  of  the  institution  and  the  persons  employed 
therein, 'and  shall  submit  to  Congress,  at  each  session  thereof,  a  report 
the  operations,  expenditures,  and  condition  of  the  insti 

And  be  it  further  enacted,  That,  so  soon  as  the  board  of  managers  shall 
be  reo-ularly  and  legally  organized,  it  shall  be  their  duty  to  cause  to  be  pub- 
shed    forth >  spafe  &  on&e  year,' in  such  of  the  most  widely  circulated 
newspapers  in  the  United  States  and  in  Europe,  as  they  may  deem  best,  the 
Xysuitable  reward,  or  prizes  for  the  best  written  «^*~<W£! 
the  most  practical  and  useful  which  the  majority  of  said  board  sha  11  deter- 
mine upon      And  when,  after  a  decision  upon  the  relative  merits 
Sffercn  ^essavs,  they  determine  to  which  the  prize  shall  be  awarded  on    h 
several  subjects   it  shall  be  their  duty  to  have  as  many  copies  of  each  of  the 
eslayf pr  ntefa's  they  may  deem  best,  to  be  distributed  to  the  Governors  of 
the  Sveral  States  ;  to  the  several  incorporated  literary  "^^^ 
European  institutions  as  they  may  choose  i^*e*^^to|^^£? 
throughout  the  United  States,  by  the  members  of  Congress ,   thus  f J 1™"^ 
in  the  letter  and  spirit,  the  wise  and  comprehensive  intentions  of  the  c 
for  the  increase  and  diffusion  of  knowledge  among  in 

Mr  OWEN  desired  to  say  a  few  words  in  reply  to  the  gen- 
tleman  from  Vermont,  [Mr.  MARSH,]  and  the  gentleman 
from  Louisiana,  [Mr.  MORSE.]     The  gentleman  from  Loi 
isiana  had  already  given  the  most  important  item  in  rep  y 
to  the  gentleman  from  Vermont-namely  that  we  had  no 
riffht  to  run  counter  to  what  might  clearly  seem  to  be  the 
intention  of  Mr.  Smithson.     This  fund  was  not  ours;  ^ 
was  intrusted  to  us  for  a  special  purpose,;  and  unless  we 
could  believe  that  he  would  desire,  if  living,  the  establ 
ment  of  a  library,  the  money  ought  not  to  be  so  appropri- 


ated. 


1  This  bill  had  been  framed  in  a  spirit  of  comPr?n^e- ftr^ 
original  Senate  bill  of  the  last  session  appropriated  $o 
for  this  obiect     The  gentleman  from  Vermont,  Mr.  Oweq 
be  ie^d    prosed  twenty   thousand      The  bill   proposed 
a  medinmlaram  not  exceeding  ten  thousand  dollars 
hoped  the  House  would  not  go  further.     A  gentleman  «ho 


432  CONGRESSIONAL  PROCEEDINGS. 

had  formerly  been  librarian  of  Congress,  in  conversation 
with  him,  had  said  that  he  thought  it  was  impracticable  tc- 
purchase,  with  advantage,  more  than  ten  thousand  dollars7 
worth  of 'books.  The  duty  must  be  intrusted  to  one  agent, 
to  prevent  the  purchase  of  duplicates  ;  and  no  one  agent 
could  purchase  advantageously  more  than  this  amount ;  so 
that  there  was  a  practical  difficulty  in  the  way. 

In  relation  to  the  course  suggested  by  the  gentleman  from 
Louisiana,  [Mr.  MORSE,]  the  same  plan  had  occurred  to 
Doctor  Cooper,  of  South  Carolina,  but  had  been  rejected 
by  him.  [Mr.  Owen  here  read  an  extract  in  support  of 
this  assertion.] 

As  to  a  cheap  publication  branch,  he  would  remind  the 
committee  that  we  already  had  one.  In  looking  over  the 
periodicals  of  the  day,  it  did  not  appear  that  the  prize 
essays  were  the  best ;  the  voluntary  essays  seemed  to  be  so. 
We  should  find  plenty  of  treatises  of  a  most  useful  char- 
acter, without  paying  a  dollar  for  them.  The  mere  gratifi- 
cation of  having  them  published  would  be  inducement 
sufficient  to  enable  us  to  obtain  them. 

The  gentleman  said  that  there  should  be  no  laboratory  ; 
that  it  was  not  the  design  of  Mr.  Smithson.  The  fact  that 
Mr.  Smithson  spent  half  of  his  life  in  a  laboratory  seemed 
to  refute  this  objection. 

There  was  little  in  the  bill  of  an  imperative  character  in 
relation  to  all  these  various  branches.  Its  phraseology  was 
"  may."  If,  therefore,  it  was  discovered  that  one  branch 
would  be  more  beneficial  than  another,  there  was  the  power 
to  adopt  it.  There  was  nothing  at  all  binding  about  it. 

Mr.  CHIPMAN  spoke  urgently  in  opposition  to  the  bilL 
His  first  reason  for  voting  (as  he  said  he  intended  to  do) 
was  based  on  a  fact  that  was  irrevocable — namely,  that  this 
Government,  great  and  powerful  as  it  was — prospering  and 
progressing  as  it  was  in  original  native  intellect,  fostered 
by  institutions  known  to  no  other  country,  and  no  other 
people — should  have  consented  to  be  the  recipient  of  what 
was  called  here  a  munificent  donation  of  half  a  million 
from  an  Englishman  to  enlightened  American  republicans 
in  this  country.  How  did  it  happen  that  this  Government 
accepted  such  a  boon  from  a  foreigner — an  Englishman, 
too.  He  looked  upon  it  as  a  stain  on  the  history  of  the 
country,  as  an  insult  to  the  American  nation.  He  wished 
this  Government  to  wash  its  hands  of  all  such  eleemosynary 
dealings.  There  was  a  native  stock  in  this  country,  intel- 
lectual and  physical,  that  needed  no  foreign  aid,  "and  he 
trusted  in  God  it  would  not  condescend  to  receive  anv. 


TWENTY-NINTH    CONGRESS,    1845-47.  433 

In  making  these  remarks,  he  would  probably  be  charged 
with  being  opposed  to  education.  He  was  opposed  to  it  in 
the  light  in  which,  in  modern  times,  it  was  sought  to  be  in- 
culcated in  this  country — an  education  which  passed  over 
all  thought,  all  reflection,  all  originality,  and  was  based  upon 
an  intellectual  lumber-house  of  undigested  and  indigestible 
matter  :  thrown  together  in  the  head  of  some  aspirant  after 
immortal  intellectual  fame,  without  originality  enough  to 
give  character,  he  would  not  say  to  what — he  had  a  term, 
but  probably  it  might  be  inappropriate  for  him  to  utter  it 
here.  How  the  donor  of  this  money,  being  an  Englishman, 
came  to  love  this  country  so  well,  God  only  knew ;  but  he 
(Mr.  Chipman)  would  say  that  in  yielding  to  his  suggestion, 
the  country  had  humbled  and  degraded  itself. 

He  objected  to  the  bill,  because,  clearly  and  in  terms,  it 
established  a  corporation.  He  appealed  to  his  political 
friends,  after  all  their  opposition,  after  all  their  arguments, 
after  all  their  efforts  to  put  down  a  United  States  bank  on 
the  ground  of  its  unconstitutionality,  whether — tickled, 
amused,  their  pride  touched  by  the  great  advantages  of  dis- 
pelling the  cloud  of  ignorance  which  overshadowed  the 
American  Republic — they  would  now  belie  all  their  princi- 
ples and  all  their  professions  ?  What  distinction  was  there 
between  a  corporation  in  the  form  of  a  United  States  bank 
and  a  corporation  intended  to  elevate  humanity  in  close  ap- 
proximation to  the  throne  of  Heaven  ?  He  appealed  to  his 
friends  here — to  those  who  held  their  seats  by  virtue  of  the 
very  opposition  they  had  made  to  the  Bank  of  the  United 
States — whether  this  Government  had  the  power  to  create  a 
corporation  ?  The  rose  by  any  other  name,  &c.,  and  a  cor- 
poration by  any  other  name,  should  be  as  offensive  to  the 
Democracy.  Was  it  necessary  to  label  the  animal,  that  we 
might  know  to  what  species  it  belonged,  as  was  done  in  the 
case  of  the  Dutchman's  picture  of  a  man  with  the  horse, 
where  the  name  was  put  upon  it,  that  the  beholder  might 
know  what  it  was  ?  He  declared  that  the  bill  proposed  the 
establishment  of  one  of  the  most  withering  and  deadly  cor- 
porations, carrying  with  it  all  the  features  "of  an  aristocracy 
the  most  offensive  that  could  be  established  in  any  country 
under  heaven.  He  was  opposed  to  an  aristocracy  of  wealth ; 
but  he  was  in  favor  of  an  aristocracy  of  intellect — not  of 
false  education— not  of  knowledge  that  consisted  in  bring- 
ing together  exploded  ideas— but  of  that  knowledge  which 
was  the  offspring  of  an  intellect  patented  directly  by  the 
Almighty. 

28 


434  CONGRESSIONAL    PROCEEDING?. 

Mr.  Chipman  then  proceeded  to  state  some  general  objec- 
tions to  the  bill,  diverging  considerably  into  the  field  of  party 

}  In  conclusion,  he  declared  himself  in  favor  of  some  such 
plan  as  had  been  proposed  by  the  gentleman  from  Tennes- 
see, [Mr.  JONES.] 

On  motion  of  Mr.  BAYLY,  the  committee  rose,  and  re- 
ported. 

Mr.  OWEN  offered  a  resolution  to  close  the  debate  in  an 

hour  and  a  half. 

The  resolution,  by  ayes  92  noes  44,  was  laid  on  the  table. 

After  some  conversation— 

On  motion  of  Mr.  ADAMS,  the  rules  were  suspended,  to 
enable  him  to  offer  the  following  substitute  amendment  to 
the  bill;  which,  amendment  having  been  read  by  itself^ 
was  referred  to  the  Committee  of  the  Whole  on  the  state  of 
the  Union,  and  ordered  to  be  printed  : 

Strike  out  the  preamble,  and  all  except  the  enacting 
clause,  and  insert : 

That  the  President  of  the  United  States  be  requested,  by  the  us.-  of  suit- 
able means  of  moral  suasion,  and  no  others,  to  obtain  from  tin;  Governments 
of  the  States  of  Arkansas,  Illinois,  and  Michigan,  payment  of  the  arrears 
of  interest  due  from  the  said  States  to  the  United  States,  and  the  interest 
thereafter,  and  the  principal  as  it  shall  become  due,  according  to  the  prom- 
ises on  the  face  of  the  bonds  given  by  the  said  States  for  moneys  bequeathed 
by  James  Smithson,  a  benevolent  Englishman,  to  the  United  States  of 
America,  for  the  special  purpose  of  founding  at  the  city  of  Washington  an 
institution  for  the  increase  and  diffusion  of  knowledge  among  men,  which 
bequest  was,  by  act  of  Congress,  approved  on  the  first  of  July,  1836, 
accepted,  with  a  pledge  of  the  faith  of  the  United  States  that  it  should  be 
applied  to  the  purposes  prescribed  by  the  testator. 

SEC.  2.  And  be  it  further  enacted,  That  when  payment  (-hull  have  been 
obtained  from  the  said  States  of  Arkansas,  Illinois,  and  Michigan,  of  the 
arrears  of  interest  due  on  their  said  bonds,  Congress  shall  forthwith  pro- 
ceed to  appropriate  said  sums  of  interest  so  recovered,  together  with  the 
interest  hitherto  received,  or  hereafter  to  be  received,  until  the  time  of 
making  such  appropriations,  in  such  manner  as  they  shall  deem  suited,  to 
redeem  the  pledge  of  the  faith  of  the  United  States,  to  the  application  of 
the  funds  of  the  bequest  of  the  said  James  Smithson,  to  the  specific  purpose 
prescribed  by  the  testator. 

SEC.  3.  And  be  it  further  enacted,  That  until  the  arrears  of  interest  due 
by  the  said  States  of  Arkansas,  Illinois,  and  Michigan,  to  the  United 
States,  upon  their  said  respective  bonds,  shall  have  been  received  at  the 
Treasury  of  the  United  States,  no  appropriation  shall  be  made  by  Congress 
chargeable  upon  the  people  of  the  United  States,  for  the  fulfillment  of  the 
purposes  prescribed  by  the  testator,  James  Smithson,  for  the  disposal  of  his 
bequest. 

SEC.  4.  And  be  it  further  enacted,  That  within  the  first  thirty  days  of 
«ach  and  every  successive  session  of  Congress,  it  shall  be  the  duty  of  the 
Secretary  of  the  Treasury  to  report  to  Congress  the  then  actual  state  of  the 
Smithsonian  fund,  and  particularly  the  amount  of  arrears  of  interest  due 
upon  the  said  bonds  of  the  States  of  Arkansas,  Illinois,  and  Michigan  ; 
together  with  copies  of  all  correspondence,  showing  the  result  of  the  means 


TWENTY-NINTH    CONGRESS,    1845-47.  435 

of  moral  suasion  used  during  the  preceding  year,  to  obtain  payment  of  the 
said  arrears  of  interest ;  and  the  said  annual  reports  shall  be  printed  for  the 
information  of  the  people. 

The  further  consideration  of  the  bill  was  postponed  until 
Monday  next. 

HOUSE  OF  REPRESENTATIVES,  April  27,  1846. 

The  Speaker  said  the  special  order  of  the  day  was  the 
bill  in  relation  to  the  Smithsonian  Institution. 
Mr.  COBB  offered  the  following  resolution  : 

Resolved,  That  all  debate  in  the  Committee  of  the  Whole  House  on  the 
state  of^  the  Union  on  House  bill  (No.  5)  to  establish  the  "Smithsonian 
Institution  "  for  the  increase  and  diffusion  of  knowledge  among  men,  shall 
cease  in  two  hours  after  the  same  shall  be  again  taken  up  in  the  Committee 
of  the  Whole  House  on  the  state  of  the  Union,  (if  the  committee  shall  not 
sooner  come  to  a  conclusion  upon  the  same;)  and  the  committee  shall  then 
proceed  to  vote  on  such  amendments  as  may  be  pending  or  offered  to  the 
same,  and  shall  then  report  it  to  the  House,  with  such  amendments  as  may 
have  been  agreed  to  by  the  committee. 

The  said  resolution  was  read  ;  when  the  question  was 
stated,  Will  the  House  agree  to  the  said  resolution  ?  Mr. 
GRAHAM  moved  that  it  be  laid  upon  the  table. 

And  the  question  being  put,  it  was  decided  in  the  nega- 
tive— yeas,  78  ;  nays,  82. 

The  yeas  and  nays  being  desired  by  one-fifth  of  the  mem- 
bers present, 

Those  who  voted  in  the  affirmative  are — 

YEAS — Messrs.  John  Q.  Adams,  Arnold,  Ashmun,  Barringer,  Bedinger, 
Bell,  Buffington,  Burt,  W.  W.  Campbell,  J.  H.  Campbell,  Carroll,  John 
<r.  Chapman,  A.  A.  Chapman,  Cocke,  Cranston,  Crozier,  Dargan,  Dar- 
ragh,  Garrett  Davis,  Delano,  Dixon,  Dockery,  J.  H.  Ewing,  E.  H.  Ewing, 
Foot,  Giddings,  Graham,  Grider,  Grinnell,  Hampton,  Harper,  Herrick, 
Hoge,  E.  B.  Holmes,  S.  D.  Hubbard,  Hudson,  Washington  Hunt,  Hunter, 
C.  J.  Ingersoll,  Joseph  Johnson,  Daniel  P.  King,  Thomas  Butler  King, 
Lewis,  Long,  McHenry,  Marsh,  J.  P.  Martin,  Barkley  Martin,  Miller, 
Morris,  Moseley,  Parrish,  Payne,  Pendleton,  Pettit,  Pollock,  John  A. 
Rockwell,  Root,  Runk,  Seaman,  Seddon,  Severance,  A.  D.  Sims,  Truman 
Smith,  Albert  Smith,  Caleb  B.  Smith,  Stephens,  Strohm,  Thibodeaux, 
Tilden,  Trumbo,  Vinton,  Wood,  Woodruff,  Woodward,  Wright,  Yancey, 
.and  Young. 

Those  who  voted  in  the  negative  are — 

NAYS — Messrs.  Atkinson,  Bayly,  Biggs,  James  A.  Black,  Bowlin, 
Brodhead,  Brockenbrough,  W.  G.  Brown,  R.  Chapman,  Chipman,  Clarke, 
Cobb,  Collin,  Constable,  Cunningham,  Daniel,  J.  Davis,  Dillingham,  Dob- 
bin, Dromgoole,  Erclman,  Faran,  Ficklin,  Fries,  Garvin,  Gentry,  Giles, 
Gordon,  Grover,  Hamlin,  Haralson,  Harmanson,  Hopkins,  Hough,  G.  S. 
Houston,  J.  B.  Hunt,  Andrew  Johnson,  George  W.  Jones,  Seaborn  Jones, 
Preston  King,  Lawrence,  Leake,  Leib,  La  Sere,  Lumpkin,  Maclay,  Mc- 
Clelland, McConnell,  McCrate,  McGaughey,  Mcllvaine,  McKay,  Morse, 
Moulton,  Norris,  Owen,  Perrill,  Phelps,  Price,  Rathbun,  Relfe,  Ritter, 
Sawtelle,  Sawyer,  Scammon,  Simpson,  Thomas  Smith,  Robert  Smith,  Stan- 
ton,  St.  John,  Strong,  Thomasson,  Jacob  Thompson,  Thurrnan,  Tibbatts, 
Tance,  Wentworth,  Wick,  Wilmot,  Yell,  and  Yost. 


486  CONGRESSIONAL    PROCEEDINGS. 

The  question  recurred  on  agreeing  to  the  said  resolution- 
Mr.  COBB  moved  the  previous  question,  which  was  sec- 
onded; and  the  main  question  was  ordered  and  put,  viz: 
Will  the  House  agree  to  the  said  resolution  ?  and  decided  in 
the  negative— yeas,  73 ;  nays,  85. 

The  yeas  and  nays  being  desired  by  one-fifth  of  the  mem- 
bers present, 

Those  who  voted  in  the  affirmative  are — 

YEAS— Messrs.  Stephen  Adams,  Atkinson,  Bayly,  Biggs,  Bowlin, 
Brockenbrough,  Brodhead,  William  G.  Brown,  Augustus  A.  Chapman, 
Keuhen  Chapman,  Chase,  Clarke,  Cobb,  Collin,  Constable,  Cunningham, 
Daniel,  Dillingham,  Dobbin,  Dromgoole,  Dunlap,  Erdman,  Faran,  Giles, 
Goodyear,  Gordon,  Grover,  Hamlin,  Haralson,  Harmanson,  Hopkins, 
Hough,  George  S.  Houston,  James  B.  Hunt,  Hunter,  Andrew  Johnson, 
George  W.  Jones,  Seaborn  Jones,  Preston  King,  Lawrence,  La  Sere, 
Lumpkin.  McClelland,  McConnell,  McCrate,  McKay,  Morris,  Morse, 
Moulton/Norris,  Payne,  Phelps,  Price,  Rathbun,  Reid,  Relfe,  Ritter,  Saw- 
yer, Scammon,  Seddon,  Thomas  Smith,  Robert  Smith,  St.  John,  Strong, 
Jacob  Thompson,  Thurman,  Tibbatts,  Vance,  Wentworth,  Wick,  Wilmot, 
Yell,  and  Yost. 

Those  who  voted  in  the  negative  are — 

NAYS — Messrs.  John  Quincy  Adams,  Arnold,  Barringer,  Bedinp  r. 
Bell,  Milton  Brown,  Buffington,  Burt,  William  W.  Campbell,  John  H. 
Campbell,  Carroll,  John  G.  Chapman,  Cocke,  Collamer,  Cranston,  Croxier, 
Dargan,  Darragh,  Garrett  Davis,  Jefferson  Davi-,  Dorkrry,  John  H. 
Ewing,  Edwin  H.  Ewinjr,  Foot,  Fries,  Giddings,  Graham,  Gridi-r,  Grin- 
nell,  Hampton,  Harper,  Herrick,  Billiard,  Hoge,  Elias  B.  Holmes,  Saimu-1 
D.  Hubbard,  Hudson,  Washington  Hunt,  Charles  J.  Ingersoll,  Joseph  R. 
Ingersoll,  Joseph  Johnson,  Daniel  P.  King,  Thomas  B.  King,  Leak*', 
Lewis,  Levin,  Long,  Maclay,  James  McDowell,  McCiaughcy,  MoHenry, 
Mcllvaine,  Marsh,  Barkley  Martin,  Miller,  Moseley,  Parrish,  Pendleton, 
Perrill,  Pollock,  John  A.  Rockwell,  Root,  Runk,  Sawtelle,  Schenck,  Sea- 
man, Severance,  Alexander  D.  Sims,  Truman  Smith,  Albert  Smith,  Caleb 
B.  Smith,  Stephens,  Strohm,  Thibodeaux,  Thomasson,  Tilden,  Trumbo, 
Yinton,  Wood,  Woodruff,  Woodward,  Wright,  Yancey,  and  Young. 

So  the  said  resolution  was  rejected. 

1  HOUSE  OF  REPRESENTATIVES,  April  28,  1846. 

On  motion  of  Mr.  OWEN,  the  House  resolved  itself  into 
Committee  of  the  Whole  on  the  state  of  the  Union,  (Mr. 
BURT,  of  South  Carolina,  in  the  chair,)  and  resumed  the 
consideration  of  the  bill  to  provide  for  the  establishment  of 
the  Smithsonian  Institution  for  the 'increase  and  diffusion  of 
knowledge  amongst  men,  and  the  amendments  thereto 
pending. 

Mr.  A.  B.  SIMS  said  that,  before  entering  on  the  consider- 
ation of  the  main  question  before  the  committee,  he  desired 
to  invite  its  attention  to  the  consideration  of  the  Smithso- 
nian fund,  arid  to  express  his  views  upon  what  he  considered 
to  be  the  true  light  in  which  that  fund  should  .be  regarded. 

Under  the  will  of  the  late  James  Smithson,  the  bequest 


TWENTY-NINTH    CONGRESS,    1845-47.  437 

•made  by  him  was  paid  over  to  the  United  States.  The 
money,  under  the  action  of  Congress,  was  loaned  out  to 
certain  States.  JSTo  matter  for  what  purpose  that  fund 
might  be  dedicated,  the  faith  and  the  honor  of  the  country, 
by  the  action  of  Congress,  were  pledged  to  regard  it  at  all 
times  as  being  in  the  Treasury  of  the  United  States ;  and 
the  United  States  was  in  tact  itself  a  creditor  of  the  States 
to^vhom  the  money  was  loaned;  so  that  the  Arkansas,  or 
Michigan,  or  Illinois  bonds  or  securities — or  the  securities 
of  any  State  to  which  this  money  had  been  loaned — were 
in  fact  debts  due  to  the  general  Government ;  and  the  fund 
itself  must  be  regarded  as  in  the  Treasury  of  the  United 
States. 

^  Mr.  MCCLELLAND  here  rose  to  explain,  and  (Mr.  SIMS 
yielding)  Mr.  McClelland  said  that  a  misapprehension  pre- 
vailed in  the  committee  as  to  the  payment  of  the  interest  by 
the  State  of  Michigan  on  that  portion  of  the  Smithsonian  fund 
invested  in  the  bonds  of  that  State.  He  considered  this 
interest  paid  ;  arid  from  the  report  of  the  Secretary  of  the 
Treasury,  it  appeared  that  the  amount  claimed  to  be  due  on 
the  1st  of  January  last  was  $181.07 ;  and  this  had,  in  all 
probability,  been  more  than  paid  by  the  application  of  the 
five  per  cent,  fund  up  to  this  period.  In  June,  1845,  the 
then  auditor-general  of  the  State  of  Michigan  endeavored 
to  obtain  a  statement  of  this  account,  and  the  five  per  cent, 
fund,  in  order  to  make  provision  for  the  payment  of  any 
balance  that  might  be  found  due,  but  failed.  On  the  7th  of 
November  last,  he  wrote  and  requested  him  (Mr.  McClel- 
land) to  make  the  necessary  inquiries,  with  the  same  view ; 
and  soon  after  his  arrival,  at  the  commencement  of  this  session, 
he  wrote  to  the  proper  department  for  the  required  informa- 
tion, but  did  not  receive  any  reply  until  the  27th  of  Febru- 
ary, and  then  he  was  advised  that  the  small  amount  before 
stated  was  due.  This  statement  he  had  forwarded  to  the  pres- 
ent auditor-general.  He  (Mr.  McClelland)  had  no  doubt  pro- 
vision would  be  made  for  the  prompt  payment  of  the  interest 
hereafter  to  accrue  if  the  five  per  cent,  fund  was  found  to 
be  insufficient.  Whilst  up,  he  would  state  that  the  authori- 
ties of  Michigan  had  consented  to  the  application  of  the 
five  per  cent,  fund  to  the  payment  of  this  interest,  and  that 
the  resolution  passed  by  the  last  Congress,  directing  this 
application,  was  shown  to  him  by  the  chairman  of  the  Com- 
mittee of  Ways  and  Means  [Mr.  McKAY]  before  it  was 
offered,  and  was  fully  approved  of  by  him,  and  was  sup- 
ported by  the  entire  delegation  from  Michigan  in  both 
Houses.  In  conclusion,  he  would  say,  that  he  believed  the 


438  CONGRESSIONAL    PROCEEDINGS. 

State  would  make  every  effort  to  pay  all  just  claims  against 
it;  and  in  regard  to  this  fund,  would  at  all  times  pay  the 
interest  fairly  and  honorably. 

Mr.  SIMS  continued.  He  had  not  intended  (he  said)  by 
any  remark  he  had  made  to  inculpate  any  State  to  which 
this  fund  might  have  been  loaned.  He  merely  wished  to- 
show  what  the  duty  and  the  obligation  of  the  Government 
were  in  regard  to  the  fund  itself.  Whatever  disposition 
might  finally  be  made  of  it — whether  an  institution  such  as 
was  contemplated  should  be  established  ;  whether  the  fund 
should  be  returned  to  the  British  chancery ;  or  whether  it 
should  be  distributed  among  the  heirs  of  Smithson — no 
difficulty  ought  to  arise  as  to  the  fact  of  the  fund  itsi-lf  hav- 
ing been  loaned  out  by  the  Government;  and  that,  for  all 
honorable,  practical,  and  proper  purposes,  it  must  be  re- 
garded in  good  faith  as  in  the  Treasury  of  the  United 
States,  to  be  devoted  to  whatever  purpose  might  be  thought 
proper.  For  his  own  part,  he  had  no  apprehension  or  fear 
but  what  each  of  the  States  would  in  good  time  and  in  good 
faith  redeem  their  obligations,  and  refund  every  dollar  that 
had  been  loaned  to  them. 

He  now  approached  the  main  question.  Much  had  been 
said  in  praise  of  the  munificent  arid  splendid  liberality  of 
James  Smithson.  It  had  been  said  that,  animated  by  a 
spirit  of  benevolence  to  hia  race,  he  had  made1  his  will,  con- 
stituted the  Government  of  the  United  States  his  trustee  to 
carry  out  his  intentions,  and  had  dedicated  to  the  noble 
purpose  of  the  increase  and  diffusion  of  knowledge  among 
men  an  entire  estate,  under  the  management  of  the  Gov- 
ernment of  the  United  States.  It  was"  not  his  (Mr.  Sims) 
disposition,  nor  was  it  his  wont,  nor  would  it  become  him, 
to  speak  in  terms  of  reproach  of  one  who  now  slept  under 
the  sod.  But  he  must  be  permitted  -to  say,  that  none  of 
these  feelings  of  pride  and  admiration  which  seemed  to 
glow  in  the  bosoms  of  some  gentlemen,  in  contemplating 
the  will  of  Mr.  Smithson,  found  an  echo  in  his  (Mr.  Sims) 
heart.  He  saw  in  the  will  of  that  individual  what  he  had 
seen  in  the  wills  of  many  other  men.  After  having  griped, 
through  their  lives,  every  shilling  that  came  into  their 
hands,  animated  at  last  by  some  posthumous  vanity,  they 
sought  to  build  up  a  name  which  should  live  after  them ; 
and  such,  rather  than  any  feeling  for  humanity,  so  much 
lauded,  was  the  motive  that  guided  them.  In  the  present 
case  he  saw  abundant  evidence  of  this  disposition  in  the  ap- 
pointment of  the  Government  of  the  United  States  as  a 
trustee  to  carry  out  this  splendid  vanity. 


TWENTY-NINTH     CONGRESS,    1845-47. 

Mr.  S.  then  proceeded  to  contend  that  the  Government 
was  not  instituted  for  any  such  purposes  as  the  administra- 
tion of  charities.  There  was  no  grant  of  power  in  the 
Constitution  admitting  such  an  exercise.  And  as  there  was 
no  such  power,  and  as  this  fund  was  still  under  our  control, 
and  as  the  trust  had  not  been  executed,  it  became  Congress 
to  pause,  and  to  retrace,  so  far  as  possible,  the  errors  it  had 
already  committed.  There  was  but  one  power  in  the  Con- 
stitution under  which  this  charity  could  be  administered, 
and  that  was  as  a  local  legislature  for  the  District  of  Colum- 
bia. But  that  would  not  fall  within  the  intention  and 
design  of  the  testator.  It  was  not  intended  that  this  fund 
should  be  applied  to  the  exclusive  purpose  of  the  use  of  the 
District  of  Columbia.  The  only  true  course  would  be  to 
reject  all  these  plans,  including  the  substitute  which  had 
been  offered  by  the  gentleman  from  Massachusetts,  -[Mr. 
ADAMS.]  And  if  this  were  done,  he  (Mr.  Sims)  pledged  him- 
self that,  should  no  other  member  do  so,  he  would  intro- 
duce a  bill  repealing  all  laws  heretofore  enacted  on  this 
subject,  and  giving  authority  and  direction  for  the  restora- 
tion of  the  money  to  the  British  chancery.  It  could  then 
be  devoted  to  purposes  in  England  similar  to  those  which 
had  been  contemplated  in  the  city  of  Washington.  The 
only  difference  would  be  in  the  location  of  the  institution. 

Mr.  ADAMS  said,  in  this  matter  he  was  in  favor  of  carry- 
ing out  the  principle  of  the  ancient  proverb — "  Catch  the 
bear  before  you  sell  his  skin."  But  a  very  small  portion  of 
these  funds  was  now  in  the  Treasury ;  and  the  bill  proposed 
to  take  from  the  Treasury  the  money  of  the  people  of  the 
United  States,  raised  by  taxation,  to  the  amount  of  seven 
or  eight  hundred  thousand  dollars,  to  be  expended  in  lieu 
of  the  fund  of  the  late  Mr.  Smithson,  which  was  not  in  our 
power  at  present.  The  gentleman  from  South  Carolina 
[Mr.  SIMS]  said  that  this  money  was  to  be  considered  as  if  it 
was  in  the  Treasury  of  the  United  States.  Mr.  Adams 
would  be  very  glad  if  he  could  so  consider  it. 

Mr.  SIMS  said,  in  the  report  which  the  gentleman  from 
Massachusetts  made  to  this  House  a  few  years  ago,  he  took 
the  identical  ground  that  this  money  ought  to  be  considered 
in  the  Treasury,  and  that  Arkansas,  and  the  other  States  in 
whose  bonds  this  was  invested,  were  debtors  of  the  general 
Government. 

Mr.  ADAMS  replied,  that  if  any  report  made  by  him  three 
or  four  years  a^o  stated  that  this  money  was  to  be  consid- 
ered in  the  Treasury  of  the  United  States,  he  would  inform 
the  gentleman  and  the  committee  that  he  had  had  some 


440  CONGRESSIONAL    PROCEEDINGS. 

experience  since  that  time  that  convinced  him  very  per- 
fectly that  it  was  not  in  the  Treasury  of  the  United  States. 

It  was  the  office  of  the  amendment  which  ho  proposed,  to 
try  to  get  it  back  into  the  Treasury,  to  enable  the  Congress 
of  the  United  States  to  redeem  the  pledge  which  they  gave, 
by  the  acceptance  of  this  fund,  to  this  nation,  to  the  mem- 
ory of  the  testator,  and  the  civilized  world,  that  it  should 
be  faithfully  applied  according  to  the  intentions  of  the 
donor.  The  money  was  not  in  the  Treasury,  and  could 
not,  without  a  violation  of  all  reason,  be  consul'  /•<  <i  in  it. 

The  question  whether  the  Treasury  of  the  United  States, 
or  the  people  of  the  United  States,  were  responsible  lor 
this  money  and  for  its  application,  according  to  the  intent 
of  the  testator,  Mr.  Adams  was  understood  to  say,  was  an- 
other question.  If  it  were  necessary  now,  in  order  to  redeem 
the  plighted  faith  of  the  nation,  he  was  ready  to  vote  an  appro- 
priation of  that  amount,  or  of  ten  times  that  amount,  to  be 
raised  by  a  tax  upon  the  people.  But  he  did  not  think  the 
contingency  had  arisen,  and  especially  that  it  hud  not  arisen 
for  the  application  of  the  money  to  any  of  the  purposes 
proposed  in  this  bill. 

He  had  heard  with  great  delight  the  learned  and  ingeni- 
ous remarks  of  the  gentleman  from  Vermont  [Mr.  MARSH] 
a  few  days  since  ;  and  especially  that  portion  which  advo- 
cated the  application  of  that  fund  ultimately  to  the  only 
purpose  of  erecting  a  great  and  magnificent  library,  instead 
of  the  paltry  application  of  §5,000  a  year  out  of 'the  more 
than  $80,000  which  this  sum  ought  to  give  us.  There  was 
no  other  object  to  which  it  could  be  more  worthilv  applied 
to  promote  the  object  of  the  testator. 

To  the  main  object  proposed  by  the  bi-11 — viz  :  the  appli- 
cation of  a  large  portion  of  the  fund  to  the  education  of 
teachers  of  normal  schools — Mr.  Adams  expressed  his  de- 
cided opposition.  He  would  rather  have  the  whole  money 
thrown  into  the  Potomac  than  to  appropriate  one  dollar  for 
that  purpose. 

Mr.  Adams  alluded  to  some  facts  in  the  history  of  this 
funds,  bowing  his  own  connection  with  it,  the  circumstances 
under  which  it  was  received,  the  investment,  three  davs 
after  it  was  received,  of  $500,000  in  Arkansas  bonds,  and 
the  remainder  in  bonds  of  Michigan,  Illinois,  and  Ohio; 
the  payment  by  Ohio  of  her  interest  and  the  failure  on  the 
Pa™  ofrrArkansas  to  Pay  a  cent  of  her  interest,  &c. 

Mr.  IHURMAN  (Mr.  Adams  yielding)  inquired  for  infor- 
mation of  Mr.  ADAMS  whether  this  investment  in  the  bonds 


TWENTY-NINTH    CONGRESS,    1845-47.  441 

of  Arkansas  was  made  without  am*  warrant  or  authority 
of  law  ? 

Mr.  ADAMS.  The  fact  is  directly  the  reverse.  Mr.  Adams 
stated  the  circumstances  under  which  the  legalized  invest- 
ment was  made.  On  a  bill  for  the  support  of  the  West 
Point  Academy,  a  provision  was  engrafted  (he  said)  that 
this  fund  should  be  invested  in  State  stocks.  He  com- 
mented upon  the  incongruity  of  the  two  subjects  in  terms 
which  excited  the  merriment  of  the  committee. 

He  next  reviewed  the  legislative  history  of  this  subject 
during  the  four  Congresses  which  have  elapsed  since  the 
receipt  of  the  fund  eight  years  since,  giving  a  minute  ac- 
count of  the  various  propositions  made  in  reports  to  both 
Houses  of  Congress,  and  their  respective  fates — none  of 
them  having  received  the  sanction  of  both  Houses.  When 
it  first  came  before  Congress,  and  he  believed  this  money 
was  in  the  Treasury  of  the  United  States,  he  was  of  opin- 
ion among  the  sciences  the  pursuit  of  which  was  recom- 
mended by  the  testator,  that  of  astronomy  was  the  first  to 
which  a  portion  of  the  interest  should  be  applied. 

In  the  administration  of  this  fund  there  were  two  or 
three  principles  that  should  be  pursued.  One  was,  that  it 
should  never  cost  the  people  of  the  United  States  a  dollar — 
that  it  should  support  itself.  Another,  that  no  part  should 
ever  be  applied  to  the  ordinary  purposes  of  education  of 
children.  He  felt  on  that  subject  something  the  feeling  of 
the  gentleman  from  Michigan,  [Mr.  CHIPMAN,]  that  it  was 
unworthy  the  people  of  the  United  States  to  receive  foreign 
aid  for  the  education  of  their  children.  It  was  their  own 
duty  to  do  it  for  themselves,  and  not  to  depend  on  any  elee- 
mosynary bequest  for  it.  There  was  no  way  in  which  the 
States  could  more  degrade  themselves  than  by  relying  on 
foreign  aid  or  on  the  general  Government  for  the  education 
of  their  children.  He  differed  with  him  on  other  points, 
however,  and  thought  it  highly  proper  that  it  should  be  re- 
ceived to  carry  out  the  intent  of  the  testator,  for  the 
"  increase  and  diffusion  of  knowledge  among  men." 

Mr.  SIMS,  of  South  Carolina,  inquired  of  the  gentleman 
from  Massachusetts  the  power  under  the  Constitution  by 
which  Congress  was  authorized  to  accept  and  administer 
this  fund  ? 

Mr.  ADAMS.  If  the  gentleman  will  point  me  to  the  power 
in  the  Constitution  of  the  United  States  to  annex  Texas,  I 
will  answer  his  question. 

Mr.  SIMS.  If  the  gentleman  finds  the  power  under  the 
same  clause,  it  is  certainly  a  novel  clause  under  which  to 


442  CONGRESSIONAL    PROCEEDINGS. 

claim  it— that  which,  in  express  terms,  permits  new  States 
to  be  admitted  into  the  Union. 

Mr.  ADAMS.  I  presume  the  gentleman  considers  that  a 
constructive  power ;  and  if  so,  it  will  answer  for  what  it  m 
worth.  He  (Mr.  Adams)  could  find  in  the  Constitution  many 
clauses  besides  that  authorizing  Congress  to  provide  for  the 
common  defence  and  general  welfare.  What  means  more 
efficient  to  this  end  than  the  increase  and  diffusion  of  knowl- 
edge among  men. 

Mr.  Adams  further  opposed  the  application  proposed  by 
the  bill  under  consideration  to  the  ordinary  purposes  of  edu- 
cation, on  the  ground  of  inequality  of  the  benefits  it  would 
confer — the  State  of  Massachusetts,  (a  fact  of  which  he  was 
proud,)  the  State  of  New  York,  the  "Empire  State,"  and 
Virginia,  another  empire  State,  (to  whose  citizens  our  pres- 
ent Minister  to  Brazil,  before  he  left  the  country,  addressed 
a  letter,  calling  on  them  to  tax  themselves  for  the  education 
of  their  children — for  which  he  should  honor  him,  if 
he  had  never  done  anything  else  in  his  life,)  and  other 
States — having  themselves  made  provision  for  the  education 
of  their  children,  so  that  they  would  not  thank  Congress 
for  making  this  application  of  this  fund.  The  State  of  In- 
diana, from  which  the  gentleman  [Mr.  OWEN]  came,  who 
reported  this  bill,  had  property  enough  to  take  care  of  her 
own  children,  without  wasting  this  fund  for  such  a  purpose. 

He  would  say  nothing  further  of  other  provisions  of  the 
bill.  Some  of  them  were  proper,  others  were  not.  But  an 
experience  of  eight  or  ten  years,  since  we  received  this 
money,  had  shown  him,  that  whenever  distinguished  scien- 
tific men  were  called  upon  for  their  opinions,  scarcely  two 
agreed. 

In  addition  to  the  application  of  a  portion  of  this  fund  tc* 
the  science  of  astronomy,  there  was  another  provision  which 
he  found,  and  which  he  was  happy  to  see  this  bill  made, 
viz :  that  no  portion  of  the  fund  should  be  appropriated— 
that  it  should  be  a  perpetual  fund.  It  was  the  interest 
which  was  to  be  applied. 

But  in  the  meantime,  while  this  delay  had  taken  place, 
he  was  delighted  that  an  astronomical  observatory — not 
perhaps  so  great  as  it  should  have  been — had  been  smuggled 
into  the  number  of  the  institutions  of  the  country,  under 
the  mask  of  a  small  depot  for  charts,  &c.  There  was  not 
one  word  about  it  'in  the  law.  He  would  like  to  ask  the 
gentleman  from  South  Carolina,  [Mr.  SIMS,]  where  was  the 
power  under  the  Constitution  to  make  this  appropriation  ? 

Mr.  SIMS   said,  he   did   not   know  ;  but   since  the  doc- 


TWENTY-NINTH    CONGRESS,    1845-47.  443- 

trine  promulgated  by  a  distinguished  President  of  the  Uni- 
ted States,  of  erecting  light-houses  in  the  skies,  had  grown- 
into  popular  favor,  he  should  presume  that  the  gentleman 
would  iind  no  difficulty  as  to  the  question  of  power. 

Mr.  ADAMS  said  he  was  very  glad  to  hear  that  it  had 
grown  into  popular  favor.  The  appropriation  for  this  astro- 
nomical observatory,  he  repeated,  had  been  clandestinely 
smuggled  into  the  law,  under  the  head  of  a  depot  for  charts, 
when  a  short  time  before  a  provision  had  been  inserted  in  a 
bill  passed,  that  no  appropriation  should  be  applied  to  an 
astronomical  observatory.  He  claimed  no  merit  for  the 
erection  of  the  astronomical  observatory ;  but  in  the  course 
of  his  whole  life,  no  conferring  of  honor,  of  interest,  of 
office,  had  given  him  more  delight  than  the  belief  that  he 
had  contributed,  in  some  small  degree,  to  produce  these 
astronomical  observatories,  both  here  and  elsewhere.  He 
no  longer  wished  any  portion  of  this  fund  applied  to  an 
astronomical  observatory. 

Nor  did  he  think  it  important  to  the  people  that  any  pro- 
vision of  this  bill  should  be  carried  into  effect  immediately, 
but  rather  that  measures  should  be  taken  to  induce  the 
States  to  pay  the  interest  on  their  bonds,  and  then  let  the 
money  be  appropriated  to  any  purpose  on  which  Congress 
could  agree  more  unanimously  than  on  this  bill. 

He  noticed  among  the  objections  made,  that  against,  mak- 
ing of  this  institution  an  incorporation.  He  urged  that  it 
was  indispensably  necessary  to  form  the  board  into  an  in- 
corporation ;  that  unless  it  were  done,  the  funds  would  be 
wasted  in  five  years ;  that  there  would  be  no  power  in  the 
institution,  not  even  the  power  of  succession  ;  that  it  would 
fall  into  the  hands  of  a  joint  committee  of  Congress,  who 
would  dispose  of  it  as  faction,  party  spirit,  or  caprice  should 
dictate.  He  scouted  the  idea  of  the  unconstitutionality  of 
the  establishment,  by  Congress,  of  the  corporations  in  the 
District  of  Columbia,  as  in  contravention  of  the  uniform 
legislation  of  the  country,  in  the  corporation  of  colleges, 
benevolent  societies,  the  National  Institute,  &c. 

In  conclusion,  believing  that  they  could  not  agree  very 
well  on  this  bill,  and  that,  by  the  time  we  got  this  money  of 
Arkansas  and  the  other  States,  they  could  agree  better,  he 
sent  up  to  the  clerk's  table,  where  it  was  again  read,  the 
amendment  of  which  he  gave  notice  last  week. 

On  the  faith  (he  said)  of  observations  of  the  gentleman 
from  Michigan,  that  Michigan  had  regularly  paid  the  in- 
terest  on  her  bonds,  he  modified  his  amendment,  by  striking 
out  the  word  "  Michigan,"  wherever  it  occurred  therein. 


444  CONGRESSIONAL    PROCEEDINGS. 

[Whilst  Mr.  ADAMS  was  speaking,  the  Speaker  resumed 
the  chair  informally,  to  receive  a  message  from  the  Presi- 
dent of  the  United  States,  by  the  hands  of  J.  K.  Walker, 
Esq.,  his  private  secretary,  informing  the  House  that  the 
President  had  yesterday  approved  and  signed  the  joint  reso- 
lution of  notice  to  Great  Britain,  to  annul  and  abrogate  the 
convention  of  1827  respecting  the  Oregon  territory. 

Mr.  ADAMS  remarked  :  A  propitious  interruption  of  the 
few  remarks — worthless,  in  comparison — which  I  was  ad- 
dressing to  the  committee  !] 

When  Mr.  ADAMS  had  concluded— 

Mr.  TIBBATTS  rose  to  propose  an  amendment,  which,  not 
being  at  the  moment  in  order,  was  not  presented. 

Mr.  A.  JOHNSON  expressed  himself  favorable  to  the  adop- 
tion of  the  substitute  amendment  of  Mr.  ADAMS  ;  but  pro- 
posed, if  that  substitute  should  be  voted  down,  to  amend 
the  first  section  as  follows  : 

Strike  out  all  after  the  word  "  next,"  in  the  llth  line,  to 
the  word  "  be,"  in  the  14th  line,  and  insert  the  following : 

"  And  actually  paid  into  the  Treasury  of  the  United  States  by  the  States 
•which  have  borrowed  and  used  said  fund." 

Mr.  Johnson  was  satisfied  (he  said)  that  a  large  majority  of 
the  House  was  opposed  to  taking  this  sum  out  of  the  Treasu  r y , 
for  the  purpose  of  establishing  such  an  institution  as  was 
contemplated  by  this  bill.  It  was  true  that  the  money  had 
been  received  by  the  Government  of  the  United  States  ;  but 
if  the  Government  had  been  acting  in  good  faith,  and  had 
vested  these  funds  in  bonds  of  the  States,  arid  these  States 
had  repudiated  or  refused  to  pay,  was  there  a  man  here,  who 
at  this  time  would  be  willing  to  take  this  amount  out  of  the 
pockets  of  his  constituents  for  the  erection  of  an  institution 
of  this  kind?  Was  this  Government  bound  to  levy  a  tax 
upon  the  people  for  such  a  purpose  ?  If  it  had  been  acting 
fairly  as  a  trustee,  if  it  had  acted  in  good  faith,  and  if  this 
fund  had  been  lost  and  destroyed,  and  not  intentionally  per- 
verted or  misapplied,  it  was  no  more  responsible  than  any 
other  trustee  under  such  circumstances  would  be. 

Some  conversation  took  place  between  Mr.  Johnson  and 
Mr.  Sims  of  South  Carolina,  as  to  the  legal  liability  of  trus- 
tees in  certain  cases. 

Mr.  Johnson  insisted  that  there  was  neither  authority  for, 
nor  justice  in,  taking  this  sum  of  money  from  the  pockets  of 
the  people  for  the  establishment  of  this  institution,  and  he 
contended  that  no  substantial  good  could  result  to  the  mass 
•of  the  people,  and  that  an  annual  appropriation  would  be 


TWENTY-NINTH    CONGKESS,    1845-47.  445 

necessary  from  the  Treasury  of  the  United  States  to  keep 
it  in  operation. 

Mr.  RATHBUN  said  he  knew  very  little  about  this  subject. 
He  had  taken  very  little  pains  to  examine  the  bill  before 
the  committee.  He  had  read  no  reports  from  previous 
committees.  He  had  heard  what  had  been  said  in  relation 
to  the  project  generally.  And  there  were  a  few  things  con- 
nected with  facts  known  to  everybody  which  would  control 
his  vote. 

We  had  received  a  fund  of  half  a  million  of  dollars  and 
upwards,  and  had  pledged  the  faith  of  the  Government  to 
execute  the  trust  in  the  manner  directed  by  the  will  of  the 
testator — a  solemn  pledge  in  which  every  department  of 
the  Government  had  united.  The  fund  was  received  for  a 
particular  and  specified  purpose — a  purpose  noble  in  its  ob- 
ject, and  desirable  to  all  men  who  had  any  regard  for  the 
welfare  of  the  human  family.  We  had  received  this  money, 
he  repeated,  to  be  applied  to  a  specific  purpose.  Had  it 
been  so  applied  ?  We  were  told  that  we  were  riot  in  pos- 
session of  the  money ;  that  it  had  been  loaned  out  improp- 
erly and  improvidently  to  States  that  refused  to  pay.  Were 
we  authorized  to  loan  it  to  States,  whether  they  would  pay 
or  not?  Was  it  given  to  us  to  be  loaned  out  to  any  one  ? 
Was  it  not  expressly  designed  by  the  person  who  gave  it  to 
the  Government  that  it  should  be  applied  to  a  particular 
purpose,  and  none  other  ?  And  was  it  not  received  on  the 
condition  that  it  should  be  so  applied  ? 

After  yielding  for  an  inquiry  to  Mr.  A.  Johnson,  Mr.  Rath- 
burn  proceeded.  This  Government  had  misapplied  a  fund 
given  for  a  specific  purpose ;  and  when  it  was  called  upon, 
through  a  respectable  committee,  to  appropriate  the  money 
to  the  object  for  which  it  was  received,  it  was  no  answer  to 
say,  "  We  have  loaned  it  out  to  the  States,  and  they  cannot  pay 
us."  It  would  not  answer  for  an  individual  to  say  so — still 
.less  for  a  nation  like  ours.  We  were  bound  to-day,  and  we 
had  been  bound  every  day,  when  Congress  was  in  session, 
for  eight  years  past,  to  appropriate  the  money  honestly, 
without  undertaking  to  avoid  the  just  responsibility  by  an 
excuse  which  was  one  of  our  own  creation.  Arkansas,  it 
is  said  would  not  pay,  and  some  other  States  refused  to  pay 
the  interest.  That  was  a  matter  between  this  Government 
and  the  State  of  Arkansas,  and  was  no  answer  to  the  solemn 
pledge  given  to  apply  this  money  to  a  specific  purpose. 

The  question  arose,  how  should  the  money  be  appropri- 
ated ?  What  was  the  mode  best  calculated  to  produce  the 
most  beneficial  results?  One  gentleman  wanted  a  library; 


44(3  CONGRESSIONAL    PROCEEDINGS. 

another,  an  observatory;  a  third,  common  schools  ;  a  fourth, 
farming  schools;  a  fifth,  some  other  particular  object;  and 
among  the  number  was  that  proposed  by  the  bill  under  con- 
sideration. For  his  own  part,  he  did  not  feel  disposed  to 
object  to  any  plan  bearing  plausibility  on  its  face.  He  was 
in  favor  of  expending  the  money  in  some  way,  and  upon 
some  scheme,  faithfully  and  honestly  ;  but,  above  all,  he  was 
in  favor  of  appropriating  and  expending  the  money,  whether 
the  final  result  should  be  good  or  not,  He  wished  to  wipe 
out  the  stain  which  rested  on  the  character  of  this  Govern- 
ment of  withholding  the  money  because  we  were  not  able 
to  discover  the  best  mode  of  expending  it.  Let  us  take  one 
6tep — let  us  do  something ;  and  if  any  blunder  should  be 
committed,  experience  would  enable  us  to  correct  it.  In 
his  judgment,  a  library  was  the  least  plausible  of  the 
schemes^ proposed.  The  plan  proposed  in  the  bill  was,  in 
his  opinion,  one  of  the  best  that  had  been  suggested. 

The  gentleman  from  Tennessee  [Mr.  A.  JOHNSON]  had 
asked  whether  any  gentleman  here  would  take  the  money 
from  the  pockets  of  the  people  for  this  purpose.  He,  (Mr. 
liathburn,)  for  one,  answered  "  yes."  Let  us  take  this 
money  which  the  Government  had  taken,  and,  if  gentlemen 
pleased,  had  squandered;  let  us  honestly  appropriate  it  and 
expend  it  as  was  designed. 

He  represented  a  constituency  who  would  be  among  the 
last  in  the  world  to  withhold  a  fair  and  honest  expenditure 
of  the  public  money,  because  the  Government  representing 
the  people  had  misapplied  it.  He  had  no  fear  of  a  con^tii- 
uency  worthy  to  be  represented  here,  for  doing  what  was 
honest  on  behalf  of  the  Government  and  reputable  on  be- 
half of  themselves.  We  had  had  the  gold,  as  we  had  been 
informed.  It  had  been  placed  in  the  public  Treasury.  It 
had  not  been  wasted  by  accident.  It  had  been  applied  un- 
der the  deliberate  action  of  the  Government.  The  ( Jovern- 
ment  held  the  bonds.  It  might  at  some  future  day  receive 
the  money  for  them  ;  but  he  did  not  believe  in  the  propriety 
of  waiting  until,  by  "  moral  suasion,"  or  any  other  kind  of 
persuasion,  the  money  was  to  be  recovered  from  that  im- 
provident loan.  He  was  ready  to  vote  for  the  bill  in  which, 
so  far  as  he  understood  it,  he  could  discover  no  objection- 
able features.  It  had  been  digested  and  arranged  by  a 
committee  as  competent  in  point  of  learning,  judgment, 
and  capacity,  as  could  be  found  in  this  or  any  other  coun- 
try. Some  confidence  must  be  placed  in  their  recommenda- 
tions, otherwise  no  action  ever  could  be  had  on  the  subject. 


TWENTY-NINTH     CONGRESS,    1845-47.  447 

If  the  plan  had  defects,  time  would  develop  them,  and  the 
proper  remedy  could  be  applied. 

Mr.  FICKLIN  opposed  the  bill.  He  thought,  however, 
that  the  good  faith  of  the  Government  required  that  this 
money  should  be  considered  as  being  in  the  Treasury,  and 
that  we  could  not  excuse  ourselves  by  saying  that  the. fund 
had  been  loaned  out  to  the  States,  and  "could  not  now  be 
realized. 

The  objections  which  he  entertained  to  the  bill  applied 
to  all  its  sections  ;  but  to  the  first,  his  objection  was  radical. 
He  alluded  to  the  connection  to  be  established  between  this 
institution  and  the  Treasury  of  the  United  States.  A  mil- 
lion of  dollars  would  be  required  to  meet  the  deficiency  in 
this  Smithsonian  bequest. 

He  was  willing  to  expend  the  money  for  a  library ;  or  in 
carrying  out  the  propositions  of  a  substitute  bill  which  he 
had  prepared — in  building  a  house  and  providing  a  library, 
and  for  scientific  apparatus.  He  was  in  favor  of  any  sys- 
tem, or  plan,  by  which  the  fund  could  be  disconnected  from 
the  Treasury  of  the  United  States. 

Mr.  OWEN  desired  to  inquire  whether  the  gentleman  pro- 
posed to  appropriate  the  principal,  or  the  interest  only? 

Mr.  FICKLIN  said  he  was  willing  that  the  gentleman  and 
others  who  were  the  peculiar  friends  of  the  bill,  should  take 
their  own  course  in  that  respect.  He  (Mr.  Ficklin)  was  will- 
ing to  apply  the  whole  of  the  principal,  or  a  part  of  it,  to 
keep  up  whatever  institution  might  be  adopted ;  or  he  was 
willing  that  the  sum  of  $500,000  should  be  loaned  to  some 
natural  or  artificial  person,  and  that  the  interest  alone 
should  be  applied.  He  was  indifferent  on  that  point.  The 
great  object  he  had  in  view  was,  he  repeated,  the  discon- 
nection of  the  fund  from  the  public  Treasury.  He  was  for 
any  bill  in  preference  to  this. 

Mr.  OWEN.  Does  the  gentleman  understand  that  one  dol- 
lar, except  that  belonging  to  the  Smithsonian  fund,  is  ap- 
propriated by  this  bill  either  presently  or  prospectively  ? 

Mr.  FICKLIN.  The  first  section  of  the  bill  connects  the 
fund  with  the  Treasury— places  it  in  the  Treasury. 

Mr.  OWEN.  Xot  places  it  there ;  it  was  placed  there  eight 
years  ago. 

Mr.  FICKLIN.  Exactly  so;  but  this  bill  recognizes  it  there 
by  law.  Then  the  interest  is  to  be  paid  upon  the  money, 
out  of  the  Treasury.  This  is  sucking  the  life-blood  from 
the  Treasury.  We  do  not  want  to  create  a  perpetual  debt 
of  interest  upon  half  a  million  of  money,  to  be  paid  whilst 
this  Government  endures.  We  want  no  such  polypus — no 


448  CONGRESSIONAL  PROCEEDINGS. 

such  wen  fastened  upon  the  Government.  As  to  present  or 
prospective  appropriations,  I  say  that  the  machinery,  the 
paraphernalia,  connected  with  this  bill,  cannot  be  carried 
out  on  a  respectable  scale  for  less  (Mr.  Ficklin  was  under- 
stood to  say)  than  one  million  of  dollars  a  year.  It  is,  to  be 
sure,,  provided  that  the  money  shall  not  come  out  of  the 
Treasury  at  present ;  but  do  we  not  know  that  subsequent 
Congresses  can  enlarge  the  appropriations  ?  Experience 
should  teach  us  to  guard  against  everything  of  this  kind. 

He  regarded  the  bill  as  one  of  the  most  odious  and 
abominable  ever  presented  here.  He  would  rather  see 
this  half  million  returned  to  the  British  court  of  chancery ; 
he  would  rather  see  ten  millions  sunk  to  the  bottom  of  the 
Potomac,  or  melted,  or  destroyed,  than  see  this  bill  pass. 

Mr.  THURMAN  said  that  he  had  heard  it  stated  this  morn- 
ing that  the  investment  of  the  Smithsonian  fund  in  State 
bonds  was  an  act  unauthorized  by  law.  Not  having  time 
to  investigate  the  laws  himself,  he  had  privately  inquired  of 
a  number  of  members  whether  such  was  the  fact,  but  they 
were  unable  to  inform  him.  He  had  thereupon  made  the 
inquiry  of  the  gentleman  from  Massachusetts,  [Mr.  ADAMS,] 
whose  acquaintance  with  the  subject  was  so  thorough. 
The  inquiry  was  important;  for  if  the  investment  was 
an  unauthorized  act,  it  would  not  do  for  this  Government 
to  shield  itself  behind  the  misconduct  of  its  officer,  and  say 
that  the  money  is  not  in  the  Treasury.  But  if,  on  the  other 
hand,  the  Government  had,  in  good  faith,  invested  the  fund 
so  that  it  might  produce  interest  until  an  application  of  it 
should  be  made,  pursuant  to  the  design  of  the  testator, 
then  the  objection  of  the  gentleman  from  Massachusetts, 
that  the  money  is  not  in  the  Treasury,  is  entitled  to  great 
weight.  For,  as  a  general  rule,  it  is  the  duty  of  a  trustee 
to  make  the  trust  fund  produce  interest ;  and  the  Govern- 
ment of  the  United  States  probably  did  right  in  directing 
this  fund  to  be  invested,  and  ought  not,  as  a  matter  of 
course,  to  be  held  bound  to  reimburse  it  at  any  moment  on 
a  failure  to  pay  by  those  to  whom  it  had  been  loaned. 
Whether 'the  investments  made  were  judicious  or  otherwise, 
Mr.  Thurman  did  not  know.  He  had  not  inquired,  for  it 
was  not  his  purpose  to  cast  censure  anywhere. 

As  to  the  merits  of  the  bill  under  consideration,  he 
Would  do  nothing  more  than  express  an  opinion,  without 
going  into  any  argument  whatever.  He  could  not  vote  for 
the  bill,  unless  it  were  most  materially  Changed.  He  was 
opposed  to  the  erection  of  an  immense  institution  at  the 
city  of  Washington,  that  would  ultimately  become  a  charge 


TWENTY-NINTH     CONGRESS,    1845-47.  449 

upon  the  Treasury,  and  would  necessarily  be  partial  in  its 
operations  and  benefits.  He  was  rather  inclined  to  believe 
that  the  best  disposition  of  the  fund  that  could  be  made, 
would  be  to  invest  the  interest  arising  from  it  in  a  library. 
There  were  great  objections  to  this  plan,  to  be  sure.  They 
had  been  forcibly  stated  by  the  chairman  of  the  select  com- 
mittee, [Mr.  OWEN.]  But  there  was  one  great  recommenda- 
tion it  possessed  that  strougly  influenced  him.  .That  was, 
that  though  it  might  not  effect  the  greatest  amount  of  bene- 
fit that  could  be  produced  by  the  fund,  it  was  not  liable  to 
the  abuses  to  which  all  the  other  plans  would  probably  give 
rise.  It  would  create  no  large  body  of  oflice  holders,  no 
patronage,  no  favoritism,  no  partial,  sectional  advantages. 

Mr.  OWEN  wished  to  say  a  few  words  in  reply  to  the  gen- 
tleman from  Massachusetts,  [Mr.  ADAMS.]  He  was  very 
sorry  that  duty  devolved  upon  him.  He  had  for  that  gen- 
tleman, in  more  senses  than  one,  a  most  wholesome  respect. 
Not  only  did  he  respect  his  character  most  sincerely,  his 
acquirements,  his  long  experience,  his  information,  so  accu- 
rate on  every  subject,  but  in  addition  to  all  that,  he  had  for 
him,  as  opposed  to  him  in  argument,  a  most  wholesome 
respect.  If  any  one  who  ever  debated  with  him  came  oft 
the  better  in  the  contest,  it  was  while  he  (Mr.  Owen)  was 
out  of  the  House.  And  it  was  nothing  but  a  sense  of  duty 
which  induced  him  to  reply  to  the  gentleman. 

The  gentleman  from  Massachusetts  had  labored  more 
zealously  in  this  good  cause  than,  perhaps,  any  other  indi- 
vidual. He  read  from  a  report  of  Mr.  ADAMS,  of  March, 
1840,  in  regard  to  the  application  of  these  moneys,  in  which, 
among  other  things,  it  was  declared : 

"  It  will  be  perceived  that  the  United  States  have  made  themselves  credi- 
tors to  the  States,  and  made  themselves  responsible  for  the  punctual  payment 
of  the  interest  of  these  bonds,"  &c. 

That  (said  Mr.  Owen)  was  the  opinion  of  the  gentleman 
from  Massachusetts,  in  1840 ;  it  was  Mr.  Owen's  opinion 
to-day.  He  believed  it  is  the  United  States  that  are  the  cred- 
itors of  the  State  of  Arkansas,  and  the  other  States,  and  that 
their  faith  is  plighted  for  the  due  administration  of  this 
fund.  And  this  included  the  question  of  time.  Delay  was 
equivalent  to  denial ;  to  say  you  will  administer  a  fund  fifty 
years  hence,  is  to  say  you  will  not  administer  it  at  all. 

But  not  only  in  1840,  but  a  much  later  date,  when  every- 
body knew  that  Arkansas  had  failed  for  three  years  to  pay 
her  interest,  did  'the  gentleman  from  Massachusetts  bring 
in  a  bill— in  June,  1844, (from  which  Mr.  Owen  read)— which 
went  further  than  the  bill  now  before  the  committee,  abso- 
29 


450  CONGRESSIONAL    PROCEEDINGS. 

lately  declaring  that  $800,000  was  now  in  the  Treasury  of  the 
United  States,  the  interest  of  which,  being  about  $88,000, 

more  than  this  bill  applied,  was  to  be  appropriated. 

He  alluded  to  the  objection  of  Mr.  FICKLIN,  that  we  should 
doubtless  appropriate  hundreds  of  thousands  moiv  than  this 
sura,  if  we  now  began;  and  said,  in  tin-  unwillingness  of 
members  to  appropriate  even  the  interest,  there  was  no  very 
ereat  reason  to  imagine  that  they  would  be  so  ready  to  ap- 
propriate a  larger  sum,  not  included  in  this  amount  at  all. 
over  which  the" institution  has  no  right  and  with  which  n<> 

connection. 

He  was  no  lawyer,  and  would  not  argue  the  ewe  techni- 
cally ;  but  he  would  say,  if  there  be  any  means  of  Lowering 
our  national  character  over  the  whole  civilized  world  (and 
with  so  small  a  gain  to  the  Government)  more  effectually 
than  this,  he  did  not  know  what  it  was.  lh-  held  in  regard 
to  public  and  private  morals  there  is  no  difference. 
interest  that  had  accrued  on  this  sum  was  about  $242,000, 
(about  one-half  of  which  had  been  paid,)  or  about  one-hun- 
dredth part  of  the  annual  expenditures  and  receipts  of  the 
Government;  and,  in  addition  to  this,  we  had  some  ten  or 
twelve  thousand  dollars  surplus  in  the  Treasury.  And  still 
we  claimed  that  we  were  relieved  of  the  obligation  for  this 
money,  because  we  had  invested  it  in  stocks,  the  interest 
of  which  was  not  paid.  It  was  like  a  man  with  an  annual 
income  of  $2,000,  and  in  addition  having  (say)  $  1,000  de- 
posited in  bank,  who  had  loaned  to  a  wayward  or  unfortu- 
nate son  $20,  (one  hundredth  part  of  his  income,)  which  he 
had  received  in  trust  for  a  friend  ;  and  who,  one-half  of  it 
having  been  paid,  when  called  upon  for  the  return  of  that 
trust, "should  refuse  it  on  the  ground  that  one-half  of  the 
sum  had  not  been  paid  by  his  son,  to  wrhom,  as  trustee  of 
the  fund,  he  had  loaned  it*!  No  one  wrould  hesitate  to  say 
that,  as  a  matter  of  common  justice  and  honesty,  he  should 
pay  this  small  amount,  even  if  the  son  never  paid  it  to  him. 
And  what  we  ought  to  do  as  individuals,  we  ought  also  to 
do  as  public  men. 

He  would  not  follow  the  gentleman  from  Massachusetts 
through  the  whole  course  of  his  remarks.  He  believed  the 
gentleman  admitted  that  the  Government  was  ultimately 
responsible  for  the  application  of  this  fund  according  to  the 
intention  of  the  testator.  If  it  did  happen  (which  was  not 
probable,  for  he  did  not  doubt  her)  that  Arkansas  did  not  at 
some  future  period  pay  the  interest,  we  should  be  called 
upon  to  pay  it  from  the  Treasury,  according  to  the  gentle- 
.  man  from  Massachusetts.  Xow,  he  wanted  to  know  what 


TWENTY-NINTH     CONGRESS,    1845-47.  451 

the  difference  between  taxing  our  constituents  (as  the 
phrase  \yas)  then  and  now  ?  So  far  as  the  burden  was  con- 
cerned, it  was  nothing;  so  far  as  reputation  was  concerned, 
it  was  everything.  The  first  duty  of  a  trustee  was  to  carry 
into  effect  the  object  of  the  trust;  and  if  this  duty  was 
neglected,  were  we  not  bound  to  provide  at  least  against 
the  loss  of  the  fund  ? 

In  reference  to  the  advocacy  by  Mr.  ADAMS  of  the  appli- 
cation of  the  fund  to  a  library,  and  to  some  remarks  of  Mr, 
Adams,  (as  the  reporter  understood,)  that  it  was  more  in 
accordance  with  his  fancy,  Mr.  Owen  urged  that  fancy  should 
have  nothing  to  do  with  the  question  ;  that  we  were  bound  to 
appropriate  this  fund  strictly  according  to  the  intentions  of 
the  testator,  whose  intentions  the  appropriation  of  the  prin- 
cipal portion  of  which  to  a  library,  he  argued,  could  not 
meet,  inasmuch  as,  though  a  library  might  tend  to  the 
"  diffusion,"  it  would  not  to  the  "  increase  "  "  of  knowl- 
edge among  men  ;"  and  as  if  a  library  had  been  intended 
by  Mr.  Smithson,  he  would  undoubtedly  have  expressed  it. 

He  was  not  specially  wedded  to  this  feature  of  normal 
schools,  yet  he  confessed  he  considered  it  the  most  impor- 
tant one  in  the  bill.  And  the  gentleman  from  Massachu- 
setts wholly  misunderstood  him  if  he  supposed  that  his 
(Mr.  Owen's)  proposition  was  to  supersede  the  State  normal 
schools.  It  was  rather  a  supplement  to  them — an  institution 
which  would  carry  them  further,  where  the  science  of  edu- 
cation should  be  improved.  And  for  this  they  had  high 
authoritj7.  He  referred  to  Mr.  Van  Buren's  language  on 
the  subject,  from  which,  though  not  express  to  this  point 
he  considered  the  inference  fair  that  he  would  be  in  favor 
of  such  a  feature. 

As  to  the  disgrace  of  educating  our  children  with  foreign 
aid,  there  was  no  proposition  in  this  bill  to  educate  children, 
but  the  teachers  of  children.  And  as  to  the  disgrace,  it 
might  be  said  with  equal  propriety  that  it  was  disgraceful 
to  receive  foreign  aid  for  the  founding  a  library. 

One  special  portion  of  the  duties  of  this  normal  branch 
would  be  to  call  the  attention  of  the  States  generally  to 
these  normal  schools,  and  it  might,  and  he  hoped  would,  in 
this  way,  become  the  means  of  increasing  these  schools. 

In  conclusion,  he  said  the  practical  effect  of  the  amend- 
ment of  Mr.  ADAMS  would  be  to  postpone  the  matter  indef- 
initely. His  (Mr.  Owen's)  opinion  coincided  much  more 
nearly  with  the  opinion  heretofore  expressed  (from  a  source 
he  respected  so  highly)  on  at  least  four  different  occasions ; 
-and  he  hoped  that  Congress  would  no  longer  delay  to 


452  CONGRESSIONAL    PROCEEDINGS. 

appropriate  this  fund,  as  in  honor  and  justice  they  were 
bound,  so  as  to  carry  out  as  near  as  might  be  the  intentions 
of  James  Smithson. 

Mr.  E.  H.  EWING  dissented  from  that  part  of  the  amend- 
ment of  Mr.  ADAMS  which  went  to  make  a  legislative 
promise  that  nothing  should  be  done  until  the  arrears  of 
interest  were  collected  from  the  States  in  whose  bonds  the 
funds  had  been  invested ;  and  gave  notice  of  a  motion  to 
strike  it  out. 

He  was  not  able  to  say  that  this  Government  had  per- 
formed in  a  proper  manner  the  duties  of  trustee,  and  with 
proper  precaution  invested  these  funds.  Clearly,  if  this  in- 
vestment had  thus  been  made,  and  the  duties  of  trustee 
faithfully  performed,  the  Government  could  not  be  held  to 
assume  the  debt,  and  carry  out  the  intentions  of  the  tes- 
tator. 

He  could  not  agree  with  Mr.  SIMS  that  this  fund  could 
ever  be  replaced  In  the  chancery  of  England.  This  Gov- 
ernment was  now  a  trustee  in  regard  to  this  fund.  By  its 
acceptance  of  it,  it  had  obligated  itself  to  make  a  disposal 
of  it  according  to  the  intentions  of  the  testator,  and  was 
incapable  of  divesting  itself  of  it. 

If  it  had  been  properly  invested,  as  a  trustee  should  in- 
vest it,  the  Government  was  not  bound,  for  the  sake  of 
keeping  up  its  name,  to  make  an  appropriation  of  the 
money  -of  the  people  of  the  United  States  for  tin-  support  of 
this  charity,  or  any  other.  The  question  was,  whether  this 
investment  had  been  made  in  good  faith — whether  at  the 
time  there  was  a  reasonable  probability  that  it  would  be  re- 
turned, or  the  interest  on  it  paid  regularly. 

That  question  he  was  not  able  now  to  determine,  and  he 
presumed  this  was  the  case  with  other  members  of  the 
House.  Hence,  in  the  absence  from  the  Treasury  of  this 
fund,  he  was  willing  to  postpone  action  on  the  subject  for 
the  present. 

Mr.  J.  Q.  ADAMS  had,  he  said,  a  few  words  to  say.  In  re- 
gard to  the  purposes  of  this  bequest,  and  the  obligation  and 
duty  of  the  United  States  to  carry  them  into  effect,  he  agreed 
with  the  honorable  chairman  of  the  committee  who  reported 
the  bill.  Both  had  the  same  object  in  view.  In  regard  to 
the  mode  of  reaching  the  object,  he  did  not  agree  with  the 
gentleman.  He  regretted  this  difference  of  opinion  ;  but 
in  all  the  public  discussions  of  this  question,  hardly  any  two 
persons  had  been  found  to  agree.  If  he  differed  from  the 
honorable  chairman,  the  honorable  chairman  had  also  dif- 
fered from  all  who  had  preceded  him  in  the  investigation  of 


TWENTY-NINTH     CONGRESS,    1845-47.  453 

this  subject.  This  bill  was  entirely  different  from  any  that 
had  been  reported  heretofore.  The  chairman  had  done  him 
the  honor  to  refer  to  his  (Mr.  Adams')  former  views  on  this 
subject,  but  did  not  propose  to  carry  them  out.  It  was  im- 
portant to  the  argument  to  consider  how  the  fund  was 
expended.  He  admitted  that  at  the  time  when  the  fund 
was  invested  in  Arkansas  stocks,  those  stocks  were  at  par, 
as  were  all  the  State  stocks.  The  banks  afterwards  sus- 
pended, and  not  only  the  Arkansas  stocks,  but  all  the  State 
stocks  depreciated.  The  interest  on  these  bonds  was  not 
paid,  and  it  was  the  same  case  wTith  the  bonds  of  other 
States.  He  entertained  and  cherished  the  hope  that,  bv 
means  of  what  he  called  moral  suasion — by  considera- 
tions of  justice  between  State  and  State,  and  man  and 
man — the  people  of  Arkansas,  having  this  subject  presented 
to  them  year  after  year  by  the  President  of  the  United 
States,  would,  for  the  sake  of  their  own  honor  and  interests, 
pay  the  debt.  He  had  that  faith.  Mr.  Adams  went  on  to 
explain  the  provisions  of  his  substitute  for  the  bill.  He  pro- 
posed that  no  appropriation  for  the  purposes  of  this  institu- 
tion should  be  made  a  tax  on  the  people  of  the  United 
States.  Should  this  be  agreed  to,  and  become  a  part  of  the 
act,  he  believed  that  it  would  be  more  effectual  in  persuad- 
ing the  people  of  Arkansas  to  pay  this  money,  than  would 
be  the  thunder  of  the  line-of-battle  ships  with  which  we 
have  been  lately  threatened  in  the  British  Parliament.  No 
application  of  force  wras  proposed  by  him.  He  would  speak 
to  them  only  as  friends  to  friends.  He  would  say  to  them, 
we  would  not  tax  our  own  people  to  pay  the  sum  for  which 
you  are  indebted — which  you  ought  to  pay — and  which  you 
can  pay  almost  without  feeling  it. 

Mr.  YELL  said,  with  the  leave  of  the  honorable  gentle- 
man, he  would  make  some  explanations.  The  remarks  of 
the  gentleman  left  it  to  be  understood  that  the  interest  of 
the  Arkansas  bonds  had  not  been  paid,  and  that  the  State 
was  not  disposed  to  pay  its  debts.  He  wished  to  let  the 
House  know  the  state  of  this  matter.  Half  a  million  of 
State  bonds  were  (in  1838)  sold,  and  the  proceeds  invested 
in  the  Real  Estate  Bank  of  Arkansas.  The  bonds  invested 
were  to  be  paid  in  twenty-five  years.  To  secure  them,  was 
pledged  the  bank  capital  of  a  million  and  a  half,  and  real 
estate  which  had  been  valued  at  three  millions.  In  addition 
to  this,  the  State  took  the  bills  receivable  and  the  assets  of 
the  bank.  The  State  at  length  saw  its  error,  and  the  whole 
country  had  opened  its  eyes  to  the  evils  of  such  a  system. 
The  State  acted  as  honestly  as  the  nature  of  the  case  would 


454  CONGRESSIONAL    PROCEEDINGS. 

admit.  It  wound  up  the  bank,  and  determined  to  pay- 
first,  the  outstanding  notes,  and  second  the  special  deposits. 
All  these  had  been  paid.  At  the  expiration  of  the  time  for 
which  the  bonds  were  given,  he  had  no  doubt  that  they 
would  be  paid ;  and  if  the  assets  of  the  bank  were  insuffi- 
cient, the  State  would  pay  them. 

Mr.  Yell  also  showed,  from  an  official  document,  that  about 
ninety  thousand  dollars  had  been  paid  towards  the  interest 
on  these  Arkansas  bonds.  He  went  on  to  show  that  the 
State  of  Arkansas  had  been  greatly  misused  by  the  general 
Government.  The  distribution  act  passed  in  1841.  He,  as 
the  Executive  of  Arkansas,  recommended  to  the  Legisla- 
ture not  to  accept  the  share  of  that  State.  That  body, 
though  one-third  of  them  were  good  Whigs,  unanimously 
refused,  to  accept  it.  But  the  Secretary  of  the  Treasury 
credited  the  sum,  not  to  Arkansas,  but  to  the  bank.  The 
bank  received  it,  and  there  it  remained.  When  Arkansas 
came  into  the  Union,  five  per  cent,  of  the  proceeds  of  lands 
sold  in  her  limits  were  given  to  the  State.  Till  1842, 
the  sum  was  promptly  paid.  After  that  time,  the  Govern- 
ment retained  the  amount.  He  argued  that  they  had  no 
more  right  to  take  it  than  they  had  to  take  the  lands  Bel 
apart  for  the  support  of  schools.  When  the  Government 
was  disposed  to  do  justice  to  Arkansas,  the  people  of  that 
State  would  be  better  enabled  to  meet  their  obligations. 
The  assets  of  the  bank  were  equal  to  the  payment  of  all  the 
debts. 

He  would  not,  however,  pledge  his  State  to  pay  for  the 
default  of  the  bank.  When  the  bonds  had  become  due, 
and  the  bank  was  found  unable  to  pay  them,  then  the  State 
might  be  called  upon. 

Mr.  ADAMS  said  the  United  States  had  nothing  to  do  with 
the  bank.  The  State  of  Arkansas  gave  bonds  for  the 
money,  and  they  were  in  the  Treasury  now.  The  money 
was  paid  to  an  agent,  and  the  United  States  had  nothing  to 
do  with  the  investment  of  the  money. 

Mr.  YELL  said  the  State  of  Arkansas  made  a  bank.  They 
issued  bonds  and  invested  them  in  the  Real  Estate  Bank. 

Mr.  ADAMS.  Sir,  I  had  heard  before  that  the  State  of 
Arkansas  never  received  any  benefit  from  this  money.  But 
it  was  paid  to  their  authorized  agents.  It  was  received  in 
the  name  of  the  State,  and  not  of  the  bank.  As  to  the 
argument  that  the  money  was  invested  in  the  bank,  and  the 
bank  was  broken,  he  would  leave  that  to  such  operation  as 
it  might  have  upon  this  committee,  and  let  it  go  for  what  it 


TWENTY-NINTH    CONGRESS,    1845-47.  455 

was  worth.  He  would  say  nothing  to  the  disparagement  of 
the  State  of  Arkansas,  or  of  the  Government  of  the  United 
States  on  account  of  this  contract.  But  if  the  five  hundred 
thousand  dollars  in  British  sovereigns  was  sent  by  an  agent 
to  the  sovereign  State  of  Arkansas,  it  was  a  matter  of  no 
concern  to  the  Government  of  the  United  States  whether 
the  money  was  filched  on  the  way. 

Air.  YELL  here  asked  if  the  gentleman  intimated  that  the 
money  was  misapplied  by  any  agent  or  agents  of  the  State 
of  Arkansas  ? 

Mr.  ADAMS  had  not  said  a  word  (he  said)  intimating  any 
such  thing.  He  had  stated  the  fact.  He  repeated  that  the 
United  States  had  nothing  to  do  with  the  concerns  of  the 
bank,  which  the  gentleman  had  said  was  broken,  and  upon 
which  fact  the  gentleman  had  argued  that  the  State  was  not 
bound  to  pay  the  money. 

Mr.  Adams  was  very  sorr}7  (he  said)  that  this  question  had 
been  brought  on.  He  had  made  no  reflection  on  the  State 
of  Arkansas,  or  on  the  bank,  or  on  the  agent.  He  still 
expressed  the  hope  that  the  State  of  Arkansas,  after  an 
appeal  to  her  sense  of  justice  and  honor,  would  pay  the 
principal  and  interest  of  the  debt  as  it  became  due. 

As  to  the  State  of  Michigan,  that  portion  of  the  substi- 
tute which  applied  to  it  he  should  strike  out.  The  State 
had  made  a  provision  for  the  payment  of  the  money  due  by 
her. 

Mr.  ANDREW  JOHNSON  wished  to  ask  one  or  two  questions 
on  this  subject  of  the  honorable  chairman  who  reported  the 
bill. 

Was  the  money  appropriated  by  the  bill  actually  in  the 
Treasury  ? 

Mr.  OWEN  said  it  would  take  a  lawyer  to  answer  such  a 
question.  Half  of  the  interest  had  been  paid,  and  half  not. 

Mr.  A.  JOHNSON.  Then  I  understand  that  more  than  two 
hundred  thousand  dollars  for  the  buildings,  &c.,  are  to  be 
paid,  not  out  of  the  funds  of  the  institution,  but  out  of  the 
Treasury.  He  wished  this  to  be  understood  by  the  people. 

Mr.  OWEN  said  the  gentleman  might  so  consider  it ;  but 
he  did  not  wish  him  to  construe  what  he  had  said  into  an 
admission  that  he  [Mr.  JOHNSON]  was  correct. 

Mr.  ANDREW  JOHNSON  said  he  would  now  propose  a  ques- 
tion to  the  learned  chairman  of  the  Committee  on  the  Judi- 
ciary. The  first  section  of  the  bill  proposed  to  lend  money 
to  the  Treasury.  Suppose  we  had  loaned  the  fund  to  the 
United  States  Bank,  when  it  was  in  existence,  and  the  bank 


45G  CONGRESSIONAL    PROCEEDINGS. 

had  failed,  would  the  Government  be  bound  to  make  good 

the  fund  ? 

Mr.  RATHBUN  had  no  objection  to  answer,  as  he  said  ;  and, 
-as  a  lawyer  he  would  say,  that  a  trustee  investing  money  in 
•execution  of  a  trust,  and  in  good  faith,  would  not  be  bound 
to  return  it  if  it  should  be  lost.  But  a  Government  pro- 
fessino-  to  be  the  first  in  the  world,  ought  not,  in  his  opinion, 
to  avail  itself  of  a  legal  and  technical  excuse,  but  should 
proceed  to  see  the  trust  faithfully  executed. 

Mr.  ANDREW  JOHNSON  contended  that  the  same  moral 
reasons  applied  in  both  cases.  The  bill  itself,  he  proceeded 
to  show,  did  not  hold  the  Government  to  be  responsible,  if 
it  acted  in  good  faith  ;  for  it  provided  that  all  the  invest- 
ments on  account  of  the  fund  be  pledged  to  refund  the 
money  to  the  Treasury.  This  proved  that  the  bill  did  not 
appropriate  money  in  the  Treasury,  and  it  was  not  bound 
for  the  money. 

There  was  something  a  little  farcical  and  amusing  in  this 
system  of  normal  instruction,  which  was  to  provide  the 
country  with  school  teachers.  He  would  like  to  see  a  young 
man,  educated  at  the  Smithsonian  Institution,  and  brought 
up  in  all  the  extravagance,  folly,  aristocracy,  and  corruption 
of  Washington,  go  out  into  the  country  to  teach  the  little 
boys  and  girls  to  read  and  write!  Those  young  men,  so 
educated,  would  steal,  or  play  the  little  pettifogger,  sooner 
than  become  teachers.  Ninety-nine  out  of  a  hundred  of 
those  who  received  the  benefit  of  this  institution  would 
hang  about  a  law  office — get  a  license — become  a  pack  of 
drones,  instead  of  schoolmasters.  Washington  city  was  not 
a  place  for  such  an  institution.  He  believed  that  it  would 
result  in  an  injury  to  the  country  instead  of  a  benefit. 

Mr.  OWEN  asked  if  the  gentleman  was  aware  that  the  will 
of  Mr.  Smithson  designated  Washington  city  as  the  place 
for  the  establishment  of  the  institution  ? 

Mr.  A.  JOHNSON  objected,  he  said,  to  the  entire  scheme. 

Mr.  JEFFERSON  DAVIS  asked  whether  the  gentleman  would 
send  the  money  back  to  the  court  of  chancery  ? 

Mr.  A.  JOHNSON  replied  that  he  objected  to  the  whole 
principle  of  the  measure,  and  that  he  would  send  the  money 
back  to  the  source  from  whence  it  came. 

Mr.  JEFFERSON  DAVIS  followed,  with  some  remarks  in  sup- 
port of  the  measure.  The  Government  was  bound,  after 
solemnly  accepting  the  trust,  to  execute  it  faithfully. 

Mr.  BELL  spoke  on  the  same  side  of  the  question.  It  was 
eight  years  since  the  United  States  (he  said)  had  accepted 
this  trust,  which  was  one  of  a  delicate  and  important  char- 


TWENTY-NINTH     CONGRESS,    1845-47.  457 

acter.  The  question  was,  in  what  manner  the  trust  should 
be  discharged.  He  held  that  the  United  States  was  respon- 
sible for  the  fund,  and  ought  to  appropriate  it  for  its  object. 
He  hoped  that  Arkansas  would  one  day  pay  the  money,  but 
he  feared  it  would  be  a  distant  clay.  It  was  necessary  to 
act  now.  He  did  not  wholly  approve  of  the  bill  reported, 
but  he  would  take  it  rather  than  do  nothing. 

Mr.  HOUGH  sent  to  the  Chair  a  substitute  for  the  bill, 
which  he, gave  notice  he  would  offer;  and  it  was  read. 

The  committee  then  rose,  and  reported  progress. 

On  motion  of  Mr.  HOPKINS,  (and  under  the  operation  of 
the  previous  question,)  a  resolution  was  adopted,  providing 
that  all  debate  on  this  bill  (in  committee)  should  cease  in 
one  hour  after  it  shall  again  have  been  taken  up. 

HOUSE  OF  REPRESENTATIVES,  April  29,  1846. 

On  motion  of  Mr.  McKAY,  the  House  resolved  itself  into 
Committee  of  the  Whole  on  the  State  of  the  Union,  (Mr. 
BURT,  of  South  Carolina,  in  the  chair,)  and  resumed  the 
consideration  of  the  bill  to  provide  for  the  establishment  of 
a  Smithsonian  Institution  for  the  increase  and  diffusion  of 
knowledge  among  men. 

The  amendment  given  notice  by  Mr.  A.  JOHNSON  last 
evening,  was  read,  at  the  request  of  several  members. 

Some  conversation  ensued  between  Mr.  OWEN  and  others. 

Mr.  HAMLIN  briefly  addressed  the  committee.  He  re- 
garded this  fund  as  one  which  had  been  received  by  the 
Government  to  carry  out  the  intentions  of  Mr.  Smithson, 
to  which,  by  their  'acceptance,  they  had  solemnly  bound 
themselves. 

He  alluded  to  the  difficulty— nay,  the  impossibility— of 
any  select  committee  agreeing  upon  a  plan  which  in  alMts 
details  should  be  in  accordance  with  the  views  of  all.  Not- 
withstanding this,  he  trusted  we  should  ^  not  let  this  oppor- 
tunity s;o  by  to  make  a  commencement  in  this  matter.  He 
had  not  the" slightest  doubt  of  the  full  and  unqualified  power 
of  this  Government  to  take  charge  of  this  money  and  give 
it  the  direction  required  by  the  will  of  Mr.  Smithson. 

While  there  were  features  in  the  bill  with  which  he  was 
not  entirely  pleased,  he  should  vote  for  the  bill  in  case  it 
was  not  amended.  But  there  were  some  amendments  to 
the  bill  of  the  a*entleman  from  Indiana  [Mr.  OWEN]  to  which 
he  would  fain'hope  that  gentleman  himself  would  lend  a 
favorable  ear.  One  related  to  the  appropriation  of  a  part 
of  it  to  the  science  of  agriculture.  He  referred  to  the  gen- 
eral and  deplorable  want  of  information  of  the  components 


458  CONGRESSIONAL    PROCEEDINGS. 

of  the  soil,  the  proper  mode  of  treating  it,  the  proper  adap- 
tation of  crops  to  different  soils,  &c.,  and  said  he  wished  to 
see  connected  with  this  institution  a  department  of  agricul- 
tural chemistry,  and  a  professor  of  agriculture  proper. 

Mr.  OWEN  (Mr.  Hamlin  yielding)  explained  that  thnv  was 
an  express  provision  of  the  bill  to  appoint  professors  of  agri- 
culture, and  there  was  also  another  by  which  such  profes- 
sors of  more  useful  arts  and  sciences  were  to  be  appointed, 
which  would  undoubtedly  include  a  professor  of  chemistry, 
part  of  whose  duties  it  would  be  to  lecture  on  the  applica- 
tion of  chemistry  to  agriculture. 

Mr.  HAMLIN  was  aware  of  this ;  but  it  should  be  more 
specifically  provided  for. 

He  noticed  one  or  two  features  of  the  bill,  and  suggested 
one  or  two  modifications  he  would  like  to  see  made  ;  but, 
if  it  could  not  be  amended,  he  urged  its  passage  without 
further  delay  as  a  matter  of  good  faith,  common  honesty, 
and  one  promising  important  benefits  to  the  people  and  tin- 
nation.  He  considered  the  money  in  the  Treasury,  and  the 
United  States  responsible  for  the  investment  of  the  fund 
according  to  the  intentions  of  the  testator. 

Mr.  WOOD  desired  to  say  a  very  few  words  upon  the  bill. 
Much  had  been  said  about  national  honor  during  this  ses- 
sion on  this  floor ;  but  if  there  ever  \va>  a  point  in  which 
the  national  honor  was  concerned,  it  was  in  carrying  out  the 
intentions  of  the  testator  in  his  bequest.  For  my  own  part, 
I  consider  it  an  honor  to  my  country  that  the  subject  of  a 
monarchical  government  should  have  selected  this  as  the 
instrument  of  his  expansive  benevolence.  The  bill,  how- 
ever, before  us  was,  in  his  opinion,  defective  in  some  of  its 
provisions.  I  refer  particularly  to  that  section  which  con- 
templates a  normal  school.  When  this  subject  was  first 
mooted,  this  part  of  the  bill  struck  him  favorably;  but, 
upon  more  mature  reflection,  he  had  come  to  the  conclusion 
that  this  clause  was  objectionable.  Normal  instruction 
could  only  be  done,  and  well  done,  in  the  respective  States, 
among  several  of  which  it  had  already  been  commenced  ; 
and  besides,  sir,  I  should  deprecate  that  kind  of  education 
that  should  flow  down  from  this  place  among  the  people. 
He  responded  with  all  his  heart  to  the  remarks  made  by  the 
honorable  gentleman  from  Maine,  [Mr.  HAMLIN,]  in  relation 
to  agricultural  instruction.  He  would  do  all  he  could  to 
increase  and  diffuse  useful  knowledge  among  the  masses, 
but  this  could  not,  and  would  not  be  attained  by  such  edu- 
cation as  would  be  obtained  here,  or  by  collecting  at  this 
point  a  splendid  library.  The  latter  might,  and  unquestion- 


TWENTY-NINTH     CONGRESS,    1845-47.  459 

ably  would,  benefit  those  already  learned,  but  not  the  people. 
With  the  view  of  attaining  that  object,  he  should  offer  an 
amendment,  which 'he  would  ask  the  clerk  to  read.  [The 
clerk  here  read  the  amendment,  which  will  be  found,  as 
offered,  at  a  subsequent  stage  of  the  proceedings.]  lie  had 
hastily  glanced  at  a  substitute  offered  by  his  colleague,  [Mr. 
HOUGH,]  just  laid  on  his  table,  and  which  he  thought  was 
less  objectionable  than  the  original  bill.  Yet,  sir,  I  feel,  in 
common  with  others,  what  is  due  to  the  honorable  gentle- 
man from  Indiana,  [Mr.  OWEN,]  the  chairman  of  the  com- 
mittee, for  his  exertions  in  this  matter,  and  know  how  diffi- 
cult it  is  to  frame  a  bill  to  meet  the  views  of  all ;  but 
difficult  as  it  might  be,  it  was  no  reason  why  a  beginning 
should  not  be  made  to  carry  out  the  intentions  of  the  testa- 
tor. 

Mr.  A.  D.  SIMS  offered  a  substitute  for  the  bill;  which 
was  read. 

Mr.  GILES  submitted  an  amendment,  providing  for  the 
publication  and  distribution  of  books  for  the  instruction  of 
the  blind  ;  which  was  read.  lie  would  say  nothing  in  favor 
of  the  amendment,  just  read,  for  it  would  be  a  libel  on  the 
House  to  suppose  that  any  argument  in  favor  of  it  would  be 
required.  He  took  it  for  granted  that  the  committee  would 
now  act  on  this  subject,  and  he  could  not  believe  that  the 
proposition  of  the  gentleman  from  Massachusetts  [Mr. 
ADAMS]  would  receive  the  sanction  of  the  committee.  In 
the  face  of  the  world  we  had  assumed  this  trust.  We  had 
taken  the  money  under  the  will  of  this  distinguished 
stranger,  but  we  had  delayed,  for  a  long  time,  the  execution 
of  the  trust.  He  hoped  the  faith  of  the  United  States 
would  not  be  allowed  to  suffer  any  injury  in  the  eyes  of  the 
world,  by  longer  delay  of  action  on  the  subject.  There 
were  some  portions  of  the  bill  of  the  gentleman  from  Indi- 
ana which  he  would  like  to  see  altered.  While  he  had  no 
constitutional  scruples  himself  as  to  the  incorporation  of 
the  institution,  yet  he  would  be  willing,  in  courtesy  to  the 
opinion  of  others,  to  strike  out  that  provision  from  the  bill, 
for  all  its  ends  could  be  accomplished  without  it.  He  urged 
the  committee  not  to  delay  action,  because  there  was  diffi- 
culty in  each  step  before  them.  Congress  had  power  to 
alter  and  amend  the  act,  and  it  was  now  necessary  only  to 
take  the  initiatory  step.  The  form  could  be  altered  from 
time  to  time,  so  as  to  carry  out  the  intentions  of  the  testa- 
tor. The  objections  urged  to  a  normal  school  were  not 
well  founded.  It  would  send  abroad  a  number  of  educated 
men  ;  and  was  not  education  the  richest  boon  that  could  be 


460  CONGRESSIONAL    PROCEEDINGS. 

conferred  on  the  country  next  to  the  preservation  of  lib- 
erty. Our  institutions  were  dependent  upon  intelligence 
and  reason  ;  and  no  matter  what  profession  the  young  men 
educated  at  this  school  should  adopt,  they  would  add  to 
the  stock  of  knowledge,  and  diffuse  it  among  men. 

Mr.  WICK  said,  that  some  opinions  had  been  expressed  in 
the  course  of  the  debate,  which  he  could  not  suffer  to  pass 
uncontradicted.  He  alluded  to  the  opinions  on  the  subject 
of  the  doctrine  of  trust.  It  was  alleged  that  all  which  the 
Government  was  responsible  for,  was  the  stocks  in  which 
the  fund  had  been  invested.  This  fund  was  intrusted  to 
our  charge,  and  it  was  important  that  the  honor  of  the 
country  should  be  sustained  by  its  faithful  execution.  lie 
totally  dissented,  as  a  lawyer,  from  the  doctrines  which  had 
been  advanced.  A  trustee  in  ordinary  cases  was  not  bound, 
If  he  was  authorized  to  use  his  discretion,  as  to  the  mode  of 
investing  the  fund  intrusted  to  him.  But  the  Government 
of  the  United  States  had  no  such  discretion  in  this  case. 
There  was  no  power  given  by  the  will  of  Smithson  to  invest 
the  money  in  any  special  manner,  and  the  Government  in- 
vested it  at  its  own  hazard. 

If,  of  his  own  accord,  and  without  authority,  a  trustee 
made  an  investment,  he  was  responsible  for  it.  Thus  the 
United  States  stood  in  relation  to  this  matter,  and  to  this 
extent  they  were  responsible,  if  at  all.  If  his  wishes  had 
been  consulted,  the  burden  of  this  trust  would  never  have 
been  accepted  by  the  Government.  But  we  did  accept  the 
trust,  and  the  national  faith  would  be  tarnished  should  it  not 
be  executed.  Had  he  been  here  at  the  time  he  would  have 
voted  against  it.  He  knew  that  the  Government  had  no 
constitutional  power  to  establish  a  college  of  itself.  The 
power  was  not  granted  in  the  Constitution";  but  it  might  be 
admitted  that  the  Government  had  the  power  to  accept  a 
trust  for  the  purpose.  He  had  always  advocated  a  strict 
construction  of  the  Constitution,  but  lie  believed  that  the 
Government  might  accept  the  trust.  We  had  accepted  the 
trust,  and  it  was  our  duty  to  execute  it, 

Mr.  A.  D.  SIMS  made  some  remarks  on  the  constitutional 
question. 

Mr.  G.  W.  JONES  asked  whether,  if  the  money  should  be 
given  by  will  for  the  establishment  of  a  national  bank,  the 
Government  would  be  bound  to  execute  the  trust,  or  have 
power  to  accept  it  ? 

Mr.  WICK  replied  that  he  would  vote  against  the  accept- 
ance of  such  a  trust. 

Mr.  WASHINGTON  HUNT  entirely  concurred  with  the  gen- 


TWENTY-NINTH     CONGRESS,    1845-47.  461 

tleman  from  Indiana  [Mr.  WICK]  in  his  view  of  this  subject.. 
It  appeared  to  him  that  it  was  a  reproach  to  the  Govern- 
ment to  delay  carrying  out  the  purposes  of  this  trust. 

The  committee  proceeded  to  vote. 

The  first  question  was  on  the  following  amendment  of 
Mr.  ANDREW  JOHNSON  to  the  first  section  : 

"  Strike  out  all  after  the  word  '  next'  in  the  llth  line,  to  the  word  «  be,7 
in  the  14th  line,  and  insert  the  following  :  'And  actually  paid  into  the 
Treasury  of  the  United  States  by  the  States  which  have  borrowed  and  used 
said  fund.'" 

Mr.  OWEN  inquired  of  the  mover  of  the  amendment 
whether,  if  this  amendment  was  carried,  it  would  apply  to 
any  moneys  that  have  been  paid  into  the  Treasury  of  the 
United  States  as  interest  and  have  been  re-invested  in  State 
stocks  ? 

No  answer  being  returned, 

Mr.  O.  said  he  hoped  the  amendment  would  not  prevail. 

The  question  being  taken,  the  amejidrnent  was  rejected 
without  a  division. 

The  second  section  being  under  consideration, 

Mr.  TIBBATTS  moved  the  amendment  of  which  notice  had 
previously  been  given,  to  strike  out  the  words  providing 
that  the  board  of  managers  "  shall  be,  and  hereby  are,  con- 
stituted a  board  politic  and  corporate,  by  the  style  and  title 
of  the  '  Smithsonian  Institution,'  with  perpetual  succession, 
and  the  usual  powers,  duties,  and  liabilities  incident  to  cor- 
porations." 

The  question  was  taken  by  tellers,  and  decided  in  the  af- 
firmative— ayes  70,  noes  44. 

So  these  words  were  stricken  out. 

Mr.  OWEN  moved  to  insert  after  the  word  "  managers." 
(in  lieu  of  the  words  stricken  out,)  the  words  "  and  the  said 
institution  shall  be  known  by  the  style  and  title  of  the 
Smithsonian  Institution." 

The  amendment  was  agreed  to. 

The  fourth  section  being  under  consideration, 

Mr.  OWEN  moved  an  amendment,  (which  he  stated  to  be 
necessary  in  consequence  of  the  previous  amendment  strik- 
ing out  the  clause  constituting  a  corporation,)  to  insert,  at 
the  44th  line,  the  words  : 

"  And  all  questions  which  may  arise  between  the  United  States  and  any 
person  claiming  under  and  by  virtue  of  any  such  contract,  shall  be  heard 
and  determined  by  said  board  of  managers." 

The  question  being  taken,  the  amendment  was  agreed  to. 
Mr.  OWEN  also  moved  to  insert,  at  the  10th  line,  the 
words  : 


4G2  CONGRESSIONAL    PROCEEDINGS. 

"  And  all  prosecutions  for  trespass  on  said  property,  and  all  civil  suits  in 
behalf  of  said  institution,  shall  be  prosecuted  in  the  name  of  the  United 
States  in  any  court  having  competent  jurisdiction  of  the  same. 

Agreed  to — ayes  61,  noes  not  counted. 

The  fifth  section  being  under  consideration,  Mr.  J.  R. 
INGERSOLL  moved  an  amendment  to  insert  at  the  21st  line 
these  words : 

"  Which  collection  shall  be  denominated  the  National  Museum.  And  it, 
shall  be  lawful  for  the  National  Institute  to  deposit  its  collections  in  said 
museum,  [in  consideration  whereof  said  institute  shall  have  the  right  to 
appoint  a  curator  to  said  museum,  with  such  compensation  as  the  managers 
of  the  Smithsonian  Institution  shall  assign;]  and  the  said  National  Insti- 
tute shall  have  a  right  to  hold  its  meetings  in  the  buildings  of  the  Smith- 
sonian Institution,  in  any  room  which  shall  be  assigned  for  such  purpose 
by  the  managers  of  the  Smithsonian  Institution." 

Mr.  TIBBATTS  moved  an  amendment  to  the  amendment, 
to  strike  out  the  words  in  brackets. 

The  amendment  to  the  amendment  was  rejected. 

The  question  recurring  on  the  original  amendment  of 
Mr.  INGERSOLL,  was  decided  in  the  affirmative — ayes  67, 
noes  50. 

So  the  amendment  was  agreed  to. 

Mr.  BROADHEAD  moved  ail  amendment  to  the  fifth  section, 
(which  provides  for  suitable  arrangements  for  the  reception 
of  all  objects  of  art,  and  of  foreign  and  curious  research, 
of  natural  history,  of  plants,  &c.,  belong! HIT  to  the  United 
States,  "which  may  be  in  the  city  of  Washington,")  to  in- 
sert, after  the  word  "  Washington,"  the  words,  "  or  else- 
where." 

The  amendment  was  rejected. 

The  seventh  section  being  under  consideration,  Mr.  HAM- 
LIN  moved  to  insert, after  the  word  "arts,"  in  the  provision 
for  the  appointment  of  professor  of  common  school  instruc- 
tion, with  such  others  "  chiefly  of  the  more  useful  scien«-<- 
and  arts,"  the  words  "  especially  chemistry  as  applied  to 
agriculture."  Rejected. 

Mr.  ADAMS  moved  to  strike  out  the  following : 

•,.~S?C<  7>  And  whereas  the  most  effectual  mode  of  promoting  the  general 
diffusion  of  knowledge  is  by  judiciously  conducted  common  schools,  to  the 
establishment  of  which  throughout  the^Union  much  aid  will  be  afforded  by 
improving  and  perfecting  the  common  school  system  of  the  country,  and 
by  elevating  the  standard  of  qualification  for  common  school  teachers  : 
and  whereas  knowledge  may  be  essentially  increased  among  men  by  insti- 
tatmg  scientific  researches,  and,  generally*  by  spreading  among  the  people 
a  taste  for  science  and  the  arts— 

"Be  it  further  enacted,  That  the  board  of  managers  shall  establish  a  nor- 
mal branch  of  the  institution,  by  appointing  some  suitable  person  as  pro- 
lessor  of  common  school  instruction,  with   such  other  professors,  chiefly  of 
tne  more  useful  sciences  and  arts,  as  may  be  necessary  for  such  a  thorough, 
3ientiflc  and  liberal  course  of  instruction  as  may  be  adapted  to  qualify 


TWENTY-NINTH     CONGRESS,    1845-47. 

young  persons  as  teachers  of  common  schools,  and  to  give  to  others  a  knowl- 
edge of  an  improved  common  school  system ;  and  also,  when  desired,  to 
qualify  students  as  teachers  or  professors  of  the  more  important  branches 
of  natural  science.  And  the  board  of  managers  may  authorize  the  professors 
of  the  institution  to  grant  to  such  of  its  students  as  may  desire  it,  after 
suitable  examination,  certificates  of  qualification  as  common  school  teachers  ; 
and  also  as  teachers  or  professors  in  the  various  branches  of  science  ;  they 
may  also  employ  able  men  to  lecture  upon  useful  subjects,  and  shall  fix  the 
compensation  of  such  lecturers  and  professors." 

The  question  was  taken  by  tellers,  and  decided  in  the 
affirmative — ayes  72,  noes  42. 
So  the  words  were  stricken  out. 
[The  section,  as  amended,  stands  in  the  following  form  : 

"  Be  it  further  enacted,  That  there  shall  not  be  established  in  connection 
with  the  institution,  any  school  of  law,  or  medicine,  or  divinity,  nor  any 
professorship  of  ancient  languages.  And  the  said  managers  shall  make, 
from  the  interest  of  said  fund,  an  appropriation,  not  exceeding  an  average 
of  ten  thousand  dollars  annually,  for  the  gradual  formation  of  a  library, 
composed  of  valuable  works  pertaining  to  all  departments  of  human  knowl- 
edge."] 

Section  eight  being  under  consideration,  Mr.  OWEN 
moved  an  amendment  to  add  at  its  close  an  amendment, 
which  after  various  modifications,  assumed  the  following 
form : 

a  And  the  said  board  of  managers  shall  appoint  such  professors  of  the 

I  more  useful  sciences  and  arts  as  may  be  necessary  tor  a  thorough,  scientific, 

,  and  liberal  course  of  instruction  ;  they  may  also  employ  able  men  to  lecture 

upon  useful  subjects,  and  shall  fix  the  compensation  of  such  lecturers  and 

professors  :  Provided,  That  the  expenditure  on  account  of  the  institution 

shall  at  no  time  exceed  the  interest  of  the  fund." 

Mr.  BOYD  and  Mr.  ADAMS  respectively  raised  the  point  of 
order  against  this  amendment,  on  the  ground  of  identity 
with  the  words  stricken  out  on  motion  of  Mr.  Adams. 

The  CHAIRMAN  overruled  the  point  of  order ;  thus  decid- 
ing the  amendment  in  order. 

The  question  was  taken,  and,  after  some  delay  for  want 
of  a  quorum,  was  decided  in  the  negative — ayes  42,  noes  77. 

So  the  motion  was  rejected. 

Mr.  ADAMS  moved  to  strike  out  the  ninth  section,  in  the 
words  following,  (which  he  said  were  now  rendered  useless 
by  the  amendments  previously  made  :) 

SEC.  9.  And  be  it  further  enacted,  That  the  said  board  of  managers  shall 

also  make  rules  and  regulations  for  the  admission  of  students  into  the  various 

departments  of  the   institution,  and  their  conduct  and  deportment   while 

they  remain  therein  :  Provided,  That  all  instruction  in  said  institution  shall 

gratuitous  to  those  students  who  conform  to  such  rules  and  regulations." 

The  question  being  taken,  was  decided  in  the  affirmative. 

So  the  section  was  stricken  out. 

The  tenth  section  beino;  under  consideration,  Mr.  GILES 


464  CONGRESSIONAL    PROCEEDINGS. 

moved  an  amendment,  to  add  at  the  end  thereof  the  follow- 
ing: 

"  And  shall  cause  to  be  published  from  time  to  time  books  in  raised  charac- 
ters for  the  education  of  the  blind,  to  be  distributed  by  the  said  board  of 
managers,  among  the  different  State  institutions  for  the  education  of  the 
blind." 

The  question  being  taken  the  amendment  \\  ;is  rejected. 

Mr.  WOOD  moved  an  amendment,  to  insert  in  the  4th 
line  of  10th  section  the  word  "  useful,"  and  strike  out  the 
llth,  12th,  and  13th  lines. 

The  question  being  taken,  the  amendment  was  rejected. 

Mr.  ADAMS  moved  to  strike  out  the  10th  section,  (in  order 
to  conform  to  previous  amendments.) 

The  question  being  taken,  was  decided  in  the  affirmative ; 
ayes  68,  noes  57. 
.  So  the  section  was  stricken  out. 

Mr.  WOOD  moved  an  amendment,  to  add  as  a  new  section, 
between  the  10th  and  llth  sections,  the  following: 

11  And  be  it  further  enacted,  That  the  sum  of  $20,000  of  tho  interest  of  said 
fund  be,  and  is  hereby,  appropriated  annually  for  the  purchase  or  publica- 
tion of  a  library  for  the  diffusion  of  useful  knowledge,  to  be  selected  or 
published  under  the  direction  of  the  said  board  of  managers,  which  shall 
include  the  best  elementary  popular  works  upon  the  history,  geography, 
and  statistics  of  the  United  States;  upon  botany,  mineralogy,  geology, 
agriculture,  agricultural  chemistry,  mechanics,  and  physiology;  and  which 
said  library  shall  be  distributed  among  the  several  States  and  Territories 
in  the  ratio  of  their  representation,  and  be  forwarded  to  the  several  Gov- 
ernors of  said  States  and  Territories,  to  be  distributed  among  the  people 
thereof  in  such  a  manner  as  their  respective  legislatures  shall  determine, 
and  shall  most  tend  to  increase  and  diffuse  knowledge." 

Mr.  JEFFERSON  DAVIS  moved  an  amendment,  to  add  at 
the  close  of  the  last  section  the  following  proviso  : 

"And  provided  further,  That  no  appropriation  shall  be  made  for  the  ad- 
vancement of  this  institution  except  from  moneys  which  properly  belong  to 
the  Smithsonian  fund." 

Agreed  to. 

Mr.  MCCLERNAND  gave  notice  of  a  substitute  which  he 
intended  to  offer,  when  in  order,  (which  was  read  for  infor- 
mation.) 

Mr.  G.  W.  JONES  moved  a  further  proviso  at  the  end  of 
the  bill,  as  follows: 

"  Provided,  That  nothing  in  this  act  shall  be  so  construed  as  to  connect, 
m  any  manner  whatever,  said  Smithsonian  Institution  with  any  other  insti- 
tution or  society  whatever." 

Rejected. 

The  bill  having  now  been  gone  through  with,  the  ques- 
tion recurred  on  the  amendment  of  Mr.  G.  W.  Jones,  to 
strike  out  all  of  the  bill  after  the  word  "  be,"  in  the  6th  line, 
1st  section,  and  insert : 


TWENTY-NINTH     CONGRESS,    1845-47.  465 

"  Paid  by  the  Secretary  of  the  Treasury  to  the  heirs-at-law  or  next  of  kin 
or  residuary  legatee  of  the  said  James  Smithson,  or  their  authorized  agents, 
whenever  they  shall  demand  the  same :  Provided,  That  the  Secretary  of 
the  Treasury  shall,  in  paying  over  said  money  as  herein  directed,  deliver 
to  said  heirs  all  State  bonds  or  other  stocks  of  every  kind,  which  have  been 
purchased  with  said  money  or  any  part  thereof,  in  lieu  of  so  much  of  said 
money  as  shall  have  been  so  invested  in  State  bonds  or  other  stocks,  and  the 
balance  of  said  sum  of  money,  if  any,  not  so  invested,  shall  be  paid  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated." 

Mr.  SIMS  moved  as  an  amendment  to  the  amendment  the 
proposition  of  which  he  had  given  notice,  (as  a  substitute 
for  the  bill,)  to  provide  for  the  return  of  the  money. 

The  CHAIRMAN  decided  the  amendment  out  of  order  at 
this  time. 

Mr.  EATHBUN  moved  to  amend  the  amendment  of  Mr. 
JONES,  by  striking  out  so  much  as  relates  to  the  restoring 
to  the  heirs,  &c.,  of  Mr.  Smithson,  the  bonds  of  the  States, 
(so  that  the  money,  and  not  the  bonds,  should  be  returned.) 

The  amendment  to  the  amendment  was  rejected. 

The  question  then  recurring  on  the  original  amendment 
of  Mr.  JONES,  was  taken  by  tellers,  and  decided  in  the  neg- 
ative— ayes  8,  noes  115. 

So  the  amendment  was  rejected. 

The  question  then  being  on  rising  and  reporting  the  bill 
as  amended — 

Mr.  ADAMS,  in  compliance  with  previous  notice,  offered 
the  following  substitute  for  the  bill : 

Strike  out  the  preamble,  and  all  except  the  enacting 
clause,  and  insert : 

"  That  the  President  of  the  United  States  be  requested,  by  the  use  of 
suitable  means  of  moral  suasion,  and  no  others,  to  obtain  from  the  govern- 
ments of  the  States  of  Arkansas  and  Illinois  payment  of  the  arrears  of 
interest  due  from  the  said  States  to  the  United  States,  and  the  interest  there- 
after, and  the  principal  as  it  shall  become  due,  according  to  the  promises  on 
the  face  of  the  bonds  given  by  the  said  States  for  moneys  bequeathed  by 
James  Smithson,  a  benevolent  Englishman,  to  the  U  nited  States  of  America, 
for  the  special  purpose  of  founding  at  the  city  of  Washington  an  institu- 
tion for  the  increase  and  diffusion  of  knowledge  among  men,  which  bequest 
was,  by  an  act  of  Congress,  approved  on  the  first  of  July,  1836,  accepted, 
with  a  pledge  of  the  faith  of  the  United  States  that  it  should  be  applied  to 
the  purposes  prescribed  by  the  testator. 

"  SEC.  2.  And  be  it  further  enacted,  That  when  payment  shall  have  been 
obtained  from  the  said  States  of  Arkansas  and  Illinois  of  the  arrears  of 
interest  due  on  their  said  bonds,  Congress  shall  forthwith  proceed  to  appro- 
priate said  sums  of  interest  so  recovered,  together  with  the  interest  hitherto 
received,  or  hereafter  to  be  received,  until  the  time  of  making  such  appro- 
priations, in  such  manner  as  they  shall  deem  suited  to  redeem  the  pledge  of 
the  faith  of  the  United  States,  to  the  application  of  the  funds  of  the  bequest 
of  the  said  James  Smithson,  to  the  specific  purpose  prescribed  by  the  tes- 
tator. 

"  SEC.  3.  And  be  it  further  enacted,  That  until  the  arrears  of  interest  due 
by  the  said  States  of  Arkansas  and  Illinois  to  the  United  States,  upon  their 
said  respective  bonds,  shall  have  been  received  at  the  Treasury  of  the  United 

30 


406  CONGRESSIONAL    PROCEEDINGS. 

States,  no  appropriation  shall  bo  made  by  Congress  chargeable  upon  Un- 
people of  the  United  States,  for  the  fulfillment  of  the  purposes  prescribed 
by  the  testator,  James  Smithson,  for  the  disposal  of  his  bequest. 

"  SEC.  4.  And  be  it  further  enacted,  That  within  the  first  thirty  days  of 
each  and  every  successive  session  of  Congress,  it  shall  be  the  duty  of  the 
Secretary  of  the  Treasury  to  report  to  Congress  the  then  actual  state  of  the 
Smithsonian  fund,  and  particularly  the  amount  of  arrears  of  interest  duo 
upon  the  said  bonds  of  the  States  of  Arkansas  and  Illinois,  together  with 
copies  of  all  correspondence,  showing  the  result  of  the  means  of  moral 
suasion  used  during  the  preceding  year  to  obtain  payment  of  the  said  ar- 
rears of  interest ;  and  the  said  annual  reports  shall  bo  printed  for  the  infor- 
mation of  the  people." 

Mr.  HOPKINS  moved  an  amendment  to  the  amendment, 
to  strike  out  in  its  first  section  the  words  "  of  moral  suasion 
and  no  others."  Agreed  to. 

The  third  section  of  the  said  substitute  amendment  being 
under  consideration. 

Mr.  J.  DAVIS  moved  an  amendment,  to  add  at  the  end  of 
the  section  the  following  : 

"  Provided,  however,  That  if  the  Governor  of  the  State  of  Arkansas  shall 
make  it  appear  to  the  satisfaction  of  the  Attorney  General  of  the  United 
States  that  he  has  used  suitable  means  to  obtain  from  the  Real  Estate  Bank 
of  Arkansas  payment  of  the  debt  due  by  said  bank  to  the  State  of  Arkansas, 
but  without  success,  then,  and  in  that  case,  and  until  the  arrears  clue  by  the 
said  Keal  Estate  Bank  shall  have  been  received  into  the  Treasury  of  the 
State  of  Arkansas,  the  said  State  shall  be,  and  is  hereby,  declared  to  be 
absolved  from  the  promises  on  the  face  of  her  bonds  by  which  the  said  State 
heretofore  pledged  her  faith  for  the  due  payment  of  the  principal  and  interest 
of  said  bonds. 

The  question  being  taken,  the  amendment  was  rejected. 
Mr.  WENTWORTH  moved  an  amendment,  to  add  at  the  end 
of  the  section  the  following  : 

"  That  the  State  of  Illinois  shall  have  the  power  hereafter,  like  other 
States,  to  tax  all  lands  within  that  State  as  soon  as  sold,  providing  the  pro- 
ceeds of  said  tax  shall  be  applied  to  paying  the  interest  due  the  Smithson 
fund,  so  far  as  may  be  necessary,  and  the  balance,  if  any,  to  paying  the  in- 
terest upon  her  other  bonds. 

Mr.  HOPKINS  raised  the  point  of  order  against  the  amend- 
ment, on  the  ground  of  irrelevancy. 

The  CHAIRMAN  sustained  the  point,  and  decided  the 
•amendment  out  of  order. 

Mr.  E.  II.  EWING  moved  an  amendment  to  the  substitute, 
to  strike  out  the  third  section.  Rejected. 

The  fourth  section,  on  the  suggestion  of  Mr.  HOPKINS, 
was  so  modified  by  Mr.  ADAMS,  as  to  conform  to  the  amend- 
ment of  the  first,  by  striking  out  the  words  "  moral  suasion." 

The  question  then  being  on  the  substitute  of  Mr.  Adams, 
as  amended,  was  taken  by  tellers,  and  decided  in  the  nega- 
tive— ayes  57,  noes  74. 

So  the  substitute  of  Mr.  Adams  was  rejected. 


TWENTY-NINTH     CONGRESS,    1845-47.  407 

The  question  again  recurring  on  the  original  bill,  as 
amended. 

Mr.  HOUGH  offered  the  amendment  of  which  he  had  given 
notice  as  a  substitute  for  the  entire  bill,  being  a  bill  consist- 
ing of  fourteen  sections. 

Mr.  MARSH  moved  several  amendments,  all  with  a  view, 
as  he  said,  to  direct  the  appropriation  entirely  to  the  pur- 
poses of  a  library. 

The  first  one  was  to  section  7th,  to  strike  out  the  words 
"  and  such  lecturers  as  may  be  employed  by  said  board," 
and  the  words  "  and  lecturers,  and  all  other  officers  of  the 
institution." 

The  question  being  taken,  was  decided  in  the  affirmative 
— ayes  72,  noes  39. 

So  the  amendment  was  agreed  to. 

Mr.  MARSH  next  moved  to  strike  out  section  8,  as  follows  : 

"  SEC.  8.  And  be  it  further  enacted,  That  the  said  Board  of  Kegents  shall 
employ  so  many  and  such  able  men  to  lecture  upon  useful  subjects  and  at 
such  times  and  places  as  they  may  deem  most  beneficial  for  the  "  increase 
and  diffusion  of  knowledge  among  men  ;"  and  shall  also,  during  each  ses- 
sion of  Congress,  cause  a  course  of  such  lectures  to  be  delivered,  weekly  or 
semi- weekly,  publicly,  in  the  lecture-room  of  said  institution,  and  shall 
make  all  suitable  provisions  for  the  accommodation  of  all  members  and 
honorary  members  of  said  institution,  and  of  both  Houses  of  Congress." 

Also,  an  amendment  to  the  ninth  section,  to  increase  the 
annual  appropriation  for  the  library  from  $20,000  to  $25,- 
000.  Agreed  to. 

Mr.  TIBBATTS  moved  to  strike  out  the  first  section. 

The  CHAIRMAN  decided  the  amendment  to  be  out  of  order, 
that  portion  of  the  substitute  bill  having  been  passed. 

Mr.  MARSH  moved  an  amendment  to  strike  out  the  10th 
and  llth  sections  of  the  substitute,  in  the  words  following: 

"  SEC.  10.  And  be  it  further  enacted,  That  the  said  board  of  regents  shall 
make  all  needful  rules,  regulations,  and  by-laws,  for  the  government  of 
the  institution  and  the  persons  employed  therein ;  and,  in  prescribing  the 
duties  of  the  professors  and  lecturers,  they  shall  have  reference  to  the  intro- 
duction arid  illustration  of  subjects  connected  with  the  application  of  sci- 
ence to  the  productive  and  liberal  arts  of  life,  improvements  in  agriculture, 
in  manufactures,  in  trades,  and  in  domestic  economy ;  and  they  shall  also 
have  special  reference  to  the  increase  and  extension  of  scientific  knowledge 
generally,  by  experiment  and  research.  And  the  said  regents  shall  cause 
to  be  printed,  from  time  to  time,  any  lecture  or  course  of  lectures  which 
they  may  deem  useful.  And  it  shall  be  the  duty  of  each  lecturer  while  in 
the  service  of  the  institution,  to  submit  a  copy  of  any  lecture  or  lectures 
delivered  by  him  to  the  regents,  if  required. 

"SEC.  11.  And  be  it  further  enacted,  That  it.  shall  be  competent  for  the 
board  of  managers  to  cause  to  be  printed  and  published,  periodically  or  oc- 
casionally, essays,  pamphlets,  magazines,  or  other  brief  works  or  produc- 
tions for  the  dissemination  of  information  among  the  people,  especially 
works  in  popular  form  on  agriculture  and  its  latest  improvements,  or  the 
sciences  and  the  aid  they  bring  to  labor,  manuals  explanatory  of  the  best 


468  CONGRESSIONAL    PROCEEDINGS. 

systems  of  common  school  instruction,  and,  generally,  tracts  illustrative  of 
objects  of  elementary  science,  and  treatises  on  history,  natural  and  civil, 
chemistry,  astronomy,  or  any  other  department  of  useful  knowledge  ;  and 
may  at  their  discretion,  offer  and  pay  to  any  citizen  or  foreigner  such  sum 
or  prize  as  they  may  deem  discreet  for  the  best  written  production  of  any 
such  prize  essay  or  work;  and  shall,  whenever  required  by  resolution  of 
either  House  of  Congress,  cause  to  be  printed  and  delivered  to  such  House, 
for  distribution  among  the  people  at  large,  as  public  documents  of  Congress 
are  distributed,  so  many  copies  of  such  lectures,  essays,  pamphlets,  maga- 
zines, tracts,  or  other  brief  works,  as  they  may  procure  to  be  written  or 
delivered,  under  the  provisions  of  this  act,  as  shall  be  required  by  such  res- 
olution, the  expenses  of  which  to  be  paid  out  of  the  funds  of  said  institu- 
tion." 

The  amendment  was  agreed  to. 

Mr.  THURMAN  moved  an  amendment,  to  strike  out  the 
12th  section.  Rejected. 

Mr.  DOUGLASS  moved  an  amendment,  as  an  additional 
section,  (the  13th,)  in  the  words  following: 

"  SEC.  13.  And  be  it  further  enacted,  That  the  author  or  proprietor  of  any 
book,  map,  chart,  musical  composition,  print,  cut,  or  engraving,  for  which 
a  copyright  shall  be  secured  under  the  existing  acts  of  Congress,  or  those 
which  shall  hereafter  be  enacted,  respecting  copyrights,  shall,  within  three 
months  from  the  publication  of  said  book,  map,  chart,  musical  composition, 
print,  cut,  engraving,  deliver,  or  cause  to  be  delivered,  one  copy  of  the 
same  to  the  librarian  of  the  Smithsonian  Institution,  and  one  copy  to  the 
librarian  of  the  Congress  Library,  for  the  use  of  said  libraries." 

The  question  being  taken,  the  amendment  was  agreed  to. 

The  question  now  being  on  adopting  the  substitute  of  Mr. 
Hough,  as  amended,  was  taken  by  tellers,  and  decided  in 
the  affirmative — ayes  83,  noes  40. 

So  the  substitute  was  adopted. 

The  committee  then  rose  and  reported  the  bill  and  amend- 
ments to  the  House. 

The  question  being  first  on  agreeing  to  the  substitute 
amendment  of  the  committee,  Mr.  Boyd  demanded  the  pre- 
vious question,  which  was  seconded. 

The  main  question  was  ordered. 

The  yeas  and  nays  were  asked  and  ordered,  and  being 
taken,  resulted — yeas  81,  nays  76 — as  follows  : 

YEAS— Messrs.  John  Q.  Adams,  Arnold,  Atkinson,  Barringer,  Bell,  J. 
A.  Black,  Brockenbrough,  Milton  Brown,  William  G-.  Brown,  Buffington, 
William  W.  Campbell,  John  H.  Campbell,  Carroll,  Chipman,  Clarke, 
Cobb,  Cocke,  Collin,  Cranston,  Crozier,  Cullom,  Garrett  Davis,  Delano, 
Dockery,  Douglass,  Dunlap,  John  H.  Ewing,  Edwin  H.  Ewing,  Faran, 
Ficklin,  Foot,  Giddings,  Grider,  Grinnell,  ^Hampton,  Harper,  Herriok, 
Billiard,  Elias  B.  Holmes,  Hough,  Edmund  W.  Hubard,  Samuel  D.  Hub- 
bard,  Hudson,  Washington  Hunt,  Andrew  Johnson,  George  W.  Jones, 
Daniel  P.  King,  Thomas  Butler  King,  Lawrence,  Lewis,  Levin,  Ligon, 
Maclay,  McGaughey,  McHenry,  Mcllvaine,  Marsh,  Morse,  Moseley,  Norris, 
Parish,  Payne,  Relfe,  John  A.  Rockwell,  Root,  Scamtnon,  Seaman,  Simp- 
son, Truman  Smith,  Albert  Smith,  Strohm,  Benjamin  Thompson,  Thur- 
raan,  Tilden,  Trumbo,  Vance,  Vinton,  Young,  and  Yost— 81. 


TWENTY-NINTH    CONGRESS,    1845-47.  400 

NAYS — Messrs.  Stephen  Adams,  Bowlin,  Boyd,  Brinkerhoff,  Brodhead, 
Burt,  Cathcart,  Keuben  Chapman,  Chase,  Constable,  Cunningham,  Daniel, 
Dargan,  Jefferson  Davis,  Dillingham,  Dobbin,  Dromgoole,  Giles,  Good- 
year, Gordon,  Graham,  Grover,  Hamlin,  Harmanson,  Henley,  Hoge,  Hop- 
kins, George  S.  Houston,  Hungerford,  James  B.  Hunt,  Hunter,  Charles  J. 
Ingersoll,  Joseph  R.  Ingersoll,  Joseph  Johnson,  Preston  King,  Leake,  La 
Sere,  Lumpkin,  McLean,  McClernand,  McCrate,  James  McDowell,  McKay, 
J.  P.  Martin,  B.  Martin,  Morris,  Moulton,  Owen,  Perrill,  Phelps,  Pollock, 
Price,  Kathbun,  Keid,  Hitter,  Sawtelle,  Severance,  Alexander  D.  Sims, 
Leonard  H.  Sims,  Caleb  B.  Smith,  Kobert  Smith,  Stanton,  St.  John,  Sykes, 
Thibodeaux,  Thomasson,  Jacob  Thompson,  Tibbatts,  Wentworth,  Wheaton, 
Wick,  Wilmot,  Woodruff,  Woodward,  Yancey,  and  Yell— 76. 

So  the  amendment  of  the  committee  was  adopted. 

The  bill  was  then  ordered  to  be  engrossed. 

Mr.  GORDON  demanded  the  yeas  and  nays  on  the  passage 
of  the  bill ;  which  were  ordered,  and  being  taken,  resulted 
— yeas  85,  nays  76 — as  follows  : 

YEAS— Messrs.  John  Q.  Adams,  Arnold,  Bell,  James  A.  Black,  Brink- 
erhoff,  Milton  Brown,  Uuffington,  William  W.  Campbell,  John  H.  Camp- 
bell, Carroll,  Cathcart,  Cranston,  Crozier,  Cunningham,  Garrett  Davis, 
Jefferson  Davis,  Delano,  Dockery,  Douglass,  Dunlap,  Edwin  H.  Ewing, 
Faran,  Foot,  Garvin,  Giddings,  Giles,  Goodyear,  Grider,  Grinnell,  Ham- 
lin, Hampton,  Harper,  Herrick.  Hilliard,  E.  B.  Holmes,  Hough,  Samuel 
D.  Hubbard,  Hudson,  Hungerford,  Washington  Hunt,  Charles  J.  Ingersoll, 
Daniel  P.  King,  Thomas  B.  King,  Lawrence,  Leib,  Lewis,  Levin,  Maclay, 
McCrate,  McGaughey,  McHenry,  Mcllvaine,  Marsh,  Morse,  Moseley. 
'Owen,  Pollock,  Rath  bun,  Relfe,  John  A.  Rockwell,  Root,  Sawtelle,  Scam- 
mon,  Seaman,  Severance,  Truman  Smith,  Albert  Smith,  Caleb  B.  Smith, 
Stanton,  Strohm,  Strong,  Sykes,  Thomasson,  Benjamin  Thompson,  Thur- 
man,  Tilden.  Trumbo,  Vance,  Vinton,  Wentworth,  Wick,  Wilmot,  Wood, 
Young,  and  Yost — 85. 

NAYS— Messrs.  Stephen  Adams,  Atkinson,  Barringer,  Bayly,  Bowlin, 
Boyd,  Brockenbrough,  Brodhead,  William  G.  Brown,  Burt,  Reuben  Chap- 
man, Chase,  Chipman,  Clarke,  Cobb,  Cocke,  Collin,  Constable,  Cullom, 
Daniel,  Dargan,  Dillingham,  Dobbin,  Dromgoole,  Erdman,  Graham,  Gro- 
ver, Harmanson,  Hoge,"Hopkins,  George  S.  Houston,  E.  W.  Hubard,  James 
B.  Hunt,  Hunter,  Joseph  R.  Ingersoll,  Joseph  Johnson,  Andrew  Johnson, 
George  W.  Jones,  Preston  King,  Leake,  La  Sere,  Ligon,  Lumpkin,  Mc- 
Clean,  McClelland,  McClernand,  James  McDowell,  McKay,  John  P.  Mar- 
tin, Barkley  Martin,  Morris,  Moulton,  Norris,  Parrish,  Payne,  Perrill, 
Phelps,  Price,  Reid,  Ritter,  Alexander  D.  Sims,  Leonard  H.  Sims,  Simp- 
son, Thomas  Smith,  Eobert  Smith,  Stephens,  St.  John,  Thibodeaux,  Jacob 
Thompson,  Tibbatts,  Wheaton,  Woodruff,  Woodward,  Yancey,  and  Yell — 
76. 

So  the  bill  was  passed  in  the  following  form,  (being  the 
substitute  of  Mr.  Hough,  as  amended  :) 

A  BILL  to  establish  the  "Smithsonian  Institution,"  for  the  increase  and 

diffusion  of  knowledge  among  men. 

James  Smithson,  Esquire,  of  London,  in  the  Kingdom  of  Great  Britain, 
having  by  his  last  will  and  testament  given  the  whole  of  his  property  to  the 
United  States  of  America,  to  found  at  Washington,  under  the  name  of  the 
Smithsonian  Institution,  an  establishment  for  the  increase  and  diffusion  of 
knowledge  among  men  ;  and  the  United  States  having,  by  an  act  of  Con- 
gress, received  said  property  and  accepted  said  trust ;  therefore,  for  the 
faithful  execution  of  said  trust  according  to  the  will  of  the  liberal  and  en- 
lightened donor — 


470  CONGRESSIONAL    PROCEEDINGS. 

Be  it  enac'ed  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  and  Vicc- 
President  of  the  United  States,  the  Secretary  uf  State,  the  Secretary  of  the 
Treasury,  the  Secretary  of  War,  the  Secretary  of  the  Navy,  the  Postmaster 
General,  the  Attorney  General,  the  Chief  Justice,  and  the  Commissioner  of 
the  Patent  Office  of  the  United  States,  and  the  Mayor  of  the  city  of  Wash- 
ington,, during  the  time  for  which  they  shall  hold  their  respective  offices, 
and  such  other  persons  as  they  may  elect  honorary  members,  be,  and  th»>y 
are  hereby,  constituted  an  "establishment,"  by  the  name  of  th«  "Smith- 
sonian Institution,"  for  the  increase  and  diffusion  of  knowledge  among 
men  ;  and  by  that  name  shall  be  known  and  have  perpetual  succession, 
with  the  powers,  limitations,  and  restrictions  hereinafter  contained,  and  no 
other. 

SEC.  2.  And  be  it  further  enacted,  That  so  much  of  the  property  of  the 
said  James  Smithson  as  has  been  received  in  money,  and  paid  into  the 
Treasury  of  the  United  States,  being  the  sum  of  five  hundred  and  fifteen 
thousand  one  hundred  and  sixty-nine  dollars,  be  lent  to  the  United  State? 
Treasury,  at  six  per  cent,  per  annum  interest  from  the  first  day  cf  Septem- 
ber, in  the  year  one  thousand  eight  hundred  and  thirty-eight,  when  the  same 
was  received  into  the  said  Treasury ;  and  that  so  much  of  the  interest  as 
may  have  accrued  on  said  sum  on  the  first  day  of  July  next,  which  will 
amount  to  the  sum  of  two  hundred  and  forty-two  thousand  one  hundred 
and  twenty-nine  dollars,  or  so  much  thereof  as  shall  by  the  Board  of  Re- 
gents of  the  Institution  established  by  this  act  be  deemed  necessary,  be,  and 
the  same  is  hereby,  appropriated  for  the  erection  of  suitable  buildings,  and 
for  other  current  incidental  expenses  of  said  Institution  ;  and  that  six  per 
cent,  interest  on  the  said  trust  fund — it  being  the  said  amount  of  five  hun- 
dred and  fifteen  thousand  one  hundred  and  sixty-nine  dollars  received  into 
the  United  States  Treasury  on  the  first  of  September,  one  thousand  eight 
hundred  and  thirty-eight,  payable,  in  half-yearly  payments,  on  the  first  of 
January  and  July  in  each  year  be,  and  the  same  is  hereby,  appropriated 
for  the  perpetual  maintenance  and  support  of  said  Institution  ;  and  all  ex- 
penditures and  appropriations  to  be  made  from  time  to  time,  to  the  purposes 
of  the  Institution  aforesaid,  shall  be  exclusively  from  the  accruing  interest, 
and  not  from  the  principal  of  the  said  fund.  And  be  it  further  enacted, 
That  all  the  moneys  and  stocks  which  have  been,  or  may  hereafter  be, 
received  into  the  Treasury  ot  the  United  States  on  account  of  the  fund 
bequeathed  by  James  Smithson,  be,  and  hereby  are,  pledged  to  refund  to 
the  Treasury  of  the  United  States  the  sums  hereby  appropriated. 

SEC.  3.  And  be  it  further  enacted,  That  the  business  of  the  said  Institution 
shall  be  conducted  at  the  city  of  Washington  by  a  Board  of  Regents  by  the 
name  of  the  Regents  of  the  "Smithsonian  Institution."  to  be  composed  of 
the  Vice-President  of  the  United  States,  the  Chief  Justice  of  the  United 
States,  and  the  Mayor  of  the  city  of  Washington,  during  the  time  for 
which  they  shall  hold  their  respec'ive  offices  ;  three  members  of  the  Senate 
and  three  members  of  the  House  of  Representatives,  together  with  six  other 
persons,  other  than  members  of  Congress,  two  of  whom  shall  be  members 
of  the  National  Institute  in  the  city  of  Washington,  and  resident  in  the 
said  city  ;  and  the  other  four  thereof  shall  be  inhabitants  of  States,  and  no 
two  of  them  of  the  same  State.  And  the  Regents,  to  be  selected  as  afore- 
said, shall  be  appointed  immediately  after  the  passage  of  this  act — the 
members  of  the  Senate  by  the  President  thereof,  the  members  of  the  House 
by  the  Speaker  thereof,  and  the  six  other  persons  by  joint  resolution  of  the 
Senate  and  House  of  Representatives  ;  and  the  members  of  the  House  so 
appointed  shall  serve  until  the  fourth  Wednesday  in  December,  the  second 
next  after  the  passage  of  this  act;  and  then,  and  biennially  thereafter,  on 
every  alternate  fourth  Wednesday  of  December,  a  like  number  shall  be 
appointed  in  the  same  manner,  to  serve  until  the  fourth  Wednesday  in 
December,  the  second  succeeding  their  appointment  And  the  Senators  PO 
appointed  shall  serve  during  the  term  for  which  they  shall  hold,  without 


TWENTY-NINTH    CONGRESS,    1845-47.  471 

re-election,  their  office  as  Senators.  And  vacancies,  occasioned  by  death, 
resignation,  or  otherwise,  shall  be  filled  as  vacancies  in  committees  are 
filled  5  and  the  other  six  members  aforesaid  shall  serve,  two  lor  two  years, 
two  for  four  years,  and  two  for  six  years  ;  the  terms  of  service,  in  the  first 
place,  to  be  determined  by  lot ;  but  after  the  first  term,  then  their  regular 
term  of  service  shall  be  six  years ;  and  new  elections  thereof  shall  be  made 
by  joint  resolution  of  Congress;  and  vacancies  occasioned  by  death,  resig- 
nation, or  otherwise,  may  be  filled  in  like  manner,  by  joint  resolution  of 
Congress.  And  the  said  Regents  shall  meet  in  the  city  of  Washington  on 
the  first  Monday  of  September  next  after  the  passage  of  this  act,  and  or- 
ganize by  the  election  of  one  of  tbeir  number  as  Chancellor,  who  shall  be 
the  presiding  officer  of  said  Board  of  Eegents,  by  the  name  of  the  Chan- 
cellor of  the  "  Smithsonian  Institution,"  and  a  suitable  person  as  Secretary 
of  said  Institution,  who  shall  also  be  the  Secretary  of  said  Board  of  Regents  ; 
said  Board  shall  also  elect  three  of  their  own  body  as  an  Executive  Com- 
mittee, and  said  Regents  shall  then  fix  on  the  time  for  the  regular  meeting 
of  said  Board  ;  and  on  application  of  any  three  of  the  Regents  to  the  Sec- 
retary of  the  said  Institution,  it  shall  be  his  duty  to  appoint  a  special  meet- 
ing of  the  Board  of  Regents,  of  which  he  shall  give  notice  by  letter  to  each 
of  the  members  ;  and  at  any  meeting  of  said  Board,  five  shall  constitute  a 
quorum  to  do  business.  And  each  member  of  said  Board  shall  be  paid  his 
necessary  travelling  and  other  actual  expenses  in  attending  meetings  of  the 
Board,  which  shall  be  audited  by  the  Executive  Committee,  and  recorded 
by  the  Secretary  of  said  Board  ;  but  his  services  as  Regent  shall  be  gratui- 
tous. And  whenever  money  is  required  for  the  payment  of  the  debts  or 
performance  of  the  contracts  of  the  Institution,  incurred  or  entered  into  in 
conformity  with  the  provisions  of  this  act,  or  for  making  the  purchases  and 
executing  the  objects  authorized  by  this  act,  the  Board  of  Regents  or  the 
Executive  Committee  thereof,  may  certify  to  the  Chancellor  and  Secretary 
of  the  Board  that  such  sum  of  money  is  required  ;  whereupon,  they  shall 
examine  the  same,  and,  if  they  shall  approve  thereof,  shall  certify  the  same 
to  the  proper  officer  of  the  Treasury  for  payment.  And  the  said  Board 
shall  submit  to  Congress,  at  each  session  thereof,  a  report  of  the  operations, 
expenditures,  and  condition  of  the  Institution. 

SEC.  4.  And  be  it  further  enacted,  That  after  the  Board  of  Regents  shall 
have  met,  and  become  organized,  it  shall  be  their  duty  forthwith  to  proceed 
to  select  a  suitable  site  for  such  building  as  may  be  necessary  for  the  Institu- 
tion ;  which  ground  may  be  taken  and  appropriated  out  of  that  part  of  the 
public  ground  in  the  city  of  Washington,  lying  between  the  Patent  Office 
and  Seventh  street :  Provided,  The  President  of  the  United  States,  the  Sec- 
retary of  State,  the  Secretary  'of  the  Treasury,  the  Secretary  of  War,  the 
Secretary  of  the  Navy,  and  the  Commissioner  of  the  Patent  Office,  shall 
consent  to  the  same ;  but  if  the  persons  last  named  shall  not  consent,  then 
such  location  may  be  made  upon  any  other  of  the  public  grounds  within  the 
city  of  Washington,  belonging  to  the  United  States,  which  said  Regents 
may  select,  by  and  with  the  consent  of  the  persons  herein  named  ;  and  the 
said  ground  so  selected  shall  be  set  out  by  proper  metes  and  bounds,  and  a  de- 
scription of  the  same  shall  be  made  and  recorded  in  a  book  to  be  provided 
for  that  purpose,  and  signed  by  the  said  Regents,  or  so  many  of  them  as 
may  be  convened  at  the  time  of  their  said  organization  ;  and  such  record, 
or  a  copy  thereof,  certified  by  the  Chancellor  and  Secretary  of  the  Board  of 
Regents,  shall  be  received  in  evidence  in  all  courts  of  the  extent  and  boun- 
daries of  the  lands  appropriated  to  the  said  Institution  ;  and  upon  the  mak- 
ing of  such  record,  such  site  and  lands  shall  be  deemed  and  taken  to  be 
appropriated,  by  force  of  this  act,  to  the  said  Institution. 

SEC.  5.  And  be  it  further  enacted,  That,  so  soon  as  the  Board  of  Regents 
shall  have  selected  the  said  site,  they  shall  cause  to  be  erected  a  suitable 
building,  of  plain  and  durable  materials  and  structure,  without  unnecessary 
ornament,  and  of  sufficient  size,  and  with  suitable  rooms,  or  halls,  for  the 
reception  and  arrangement,  upon  a  liberal  scale,  of  objects  of  natural  his- 


472  CONGRESSIONAL    PROCEEDINGS. 

tory,  including  a  geological  and  mineralogical  cabinet;  also  a  chemical 
laboratory,  a  library,  a  gallery  of  art,  and  the  necessary  lecture  rooms  ;  and 
the  said  Board  shall  have  authority,  by  themselves  or  by  a  committee  of 
three  of  their  members,  to  contract  for  the  completion  of  such  building, 
upon  such  plan  as  may  be  directed  by  the  Board  of  Regents,  and  shall  take 
sufficient  security  for  the  building  and  finishing  the  same  according  to  the 
said  plan,  and  in  the  time  stipulated  in  such  contract ;  and  may  so  locate 
said  building,  if  they  shall  deem  it  proper,  as  in  appearance  to  form  a  wing 
to  the  Patent  Office  building,  and  may  so  connect  the  same  with  the  present 
hall  of  said  Patent  Office  building,  containing  the  National  Cabinet  of 
Curiosities,  as  to  constitute  the  said  hall,  in  whole  or  in  part,  the  deposit 
for  the  cabinet  of  said  Institution,  if  they  deem  it  expedient  to  do  so ;  pro- 
vided said  building  shall  be  located  upon  said  Patent  Office  lot  in  the  man- 
ner aforesaid  :  Provided,  however,  That  the  whole  expense  of  building  and 

enclosures  aforesaid  shall  not  exceed  the  amount  of ;  which  sum  is 

hereby  appropriated,  payable  out  of  money  in  the  Treasury  not  otherwise 
appropriated  ;  together  with  such  sum  or  sums  out  of  the  annual  interest 
accruing  to  the  Institution,  as  may,  in  any  year  remain  unexpended,  after 
paying  the  current  expenses  of  the  Institution.  And  duplicates  of  all  such 
contracts  as  may  be  made  by  the  said  Board  of  Regents  shall  be  deposited 
with  the  Treasurer  of  the  United  States  ;  and  all  claims  on  any  contract 
made  as  aforesaid  shall  be  allowed  and  certified  by  the  Board  of  Regents,  or 
the  Executive  Committee  thereof,  as  the  case  may  be,  and,  being  signed  by 
the  Chancellor  and  Secretary  of  the  Board,  shall  be  H  sufficient  voucher  for 
settlement  and  payment  at  the  Treasury  of  the  United  States.  And  the 
Board  of  Regents  shall  be  authorized  to  employ  such  persons  as  they  may 
deem  necessary  to  superintend  the  erection  of  the  buildings  and  fitting  up 
the  rooms  of  the  Institution.  And  all  laws  for  the  protection  of  public 
property  in  the  city  of  Washington,  shall  apply  to,  and  be  in  force  for,  the 
protection  of  the  lands,  buildings,  and  other  property  of  said  Institution. 
And  all  moneys  recovered  by,  or  accruing  to,  the  institution  shall  be  paid 
into  the  Treasury  of  the  United  States  to  the  credit  of  the  Smithsonian 
bequest,  and  separately  accounted  for,  as  provided  in  the  act  approved  .Inly 
first,  eighteen  hundred  and  thirty-six,  accepting  said  bequest. 

SEC.  6.  And  be  it  further  enacted,  That,  in  proportion  as  suitable  arrange- 
ments can  be  made  for  their  reception,  all  objects  of  art  and  of  foreign 
and  curious  research,  and  all  objects  of  natural  history,  plants,  and  geolog- 
ical and  mineralogical  specimens  belonging,  or  hereafter  to  belong,  to  the 
United  States,  which  may  be  in  the  city  of  Washington,  in  whosesoever 
custody  the  same  may  be,  shall  be  delivered  to  such  persons  as  may  be 
authorized  by  the  Board  of  Regents  to  receive  them,  and  shall  be  arranged 
in  such  order,  and  so  classed,  as  best  to  facilitate  the  examination  and  study 
of  them,  in  the  building  so  as  aforesaid  to  be  erected  for  the  Institution  ; 
and  the  Regents  of  said  Institution  shall  afterwards,  as  new  specimens  in 
natural  history,  geology,  or  mineralogy,  may  be  obtained  for  the  museum 
of  the  Institution  by  exchanges  of  duplicate  specimens  belonging  to  the 
Institution,  (which  they  are  hereby  authorized  to  make,)  or  by  donation, 
which  they  may  receive,  or  otherwise,  cause  such  new  specimens  to  be  also 
appropriately  classed  and  arranged.  And  the  minerals,  books,  manuscripts, 
and  other  property  of  James  Smithson,  which  have  been  received  by  the 
Government  of  the  United  States,  and  are  now  placed  in  the  Department  of 
State,  shall  be  removed  to  said  Institution,  and  shall  be  preserved  separate 
and  apart  from  the  other  property  of  the  Institution. 

SEC.  7.  And  be  it  further  enacted,  That  the  Secretary  of  the  Board  of 
Regents  shall  take  charge  of  the  building  and  property  of  said  Institution, 
and  shall,  under  their  direction,  make  a  fair  and  accurate  record  of  all  their 
proceedings,  to  be  preserved  in  said  Institution  ;  and  the  said  Secretary  shall 
also  discharge  the  duties  of  librarian  and  of  keeper  of  the  museum,  and 
may,  with  the  consent  of  the  Board  of  Regents,  employ  assistants;  and  the 
said  officers  shall  receive  for  their  services  such  sum  as  may  be  allowed  by 


TWENTY-NINTH     CONGRESS,    1845-47.  473 

the  Board  of  Kegents,  to  be  paid  semi-annually  on  the  first  day  of  January 
and  July,  and  the  said  officers  shall  be  removable  by  the  Board  of  Regents, 
whenever,  in  their  judgment,  the  interests  of  the  Institution  require  any 
of  the  said  officers  to  be  changed. 

SEC.  8.  And  be  it  further  enacted,  That  the  members  and  honorary  mem- 
bers of  said  Institution  may  hold  such  stated  and  special  meetings,  for  the 
supervision  of  the  affairs  of  said  Institution,  and  the  advice  and  instruction 
of  said  Board  of  Regents,  to  be  called  in  the  manner  provided  for  in  the 
by-laws  of  said  Institution,  at  which  the  President,  and  in  his  absence,  the 
Vice-Pre?ident  of  the  United  States,  shall  preside.  And  the  said  Regents 
shall  make,  from  the  interest  of  baid  fund,  an  appropriation,  not  exceeding 
an  average  of  twenty-five  thousand  dollars  annually,  for  the  gradual  for- 
mation of  a  library,  composed  of  valuable  works  pertaining  to  all  depart- 
ments of  human  knowledge. 

SEC.  9.  And  be  it  further  enacted,  That  of  any  other  moneys  which  have 
accrued,  or  shall  hereafter  accrue,  as  interest  ^upon  the  said  Smithsonian 
fund,  not  herein  appropriated,  or  not  required  for  the  purposes  herein  pro- 
vided, the  said  managers  are  hereby  authorized  to  make  such  disposal  as 
they  shall  deem  best  suited  for  the  promotion  of  the  purposes  of  the  testa- 
tor, anything  herein  contained  to  the  contrary  notwithstanding. 

SEC.  10.  And  be  it  further  enacted,  That  the  author  or  proprietor  of  any 
book,  map,  chart,  musical  composition,  print,  cut,  or  engraving,  for  which 
a  copyright  shall  be  secured  under  the  existing  acts  of  Congress,  or  those 
which  shall  hereafter  be  enacted  respecting  copyrights,  shall,  within  three 
months  from  the  publication  of  said  book,  map,  chart,  musical  composition, 
print,  cut,  or  engraving,  deliver,  or  cause  to  be  delivered,  one  copy  of  the 
same  to  the  Librarian  of  the  Smithsonian  Institution,  and  one  copy  to  the 
Librarian  of  Congress  Library,  for  the  use  of  the  said  libraries. 

SEC.  11.  And  be  it  further  enacted,  That  there  is  reserved  to  Congress 
the  right  of  altering,  amending,  adding  to,  or  repealing  any  of  the  provi- 
sions of  this  act :  Provided,  That  no  contract,  or  individual  right,  made  or 
acquired  under  such  provisions,  shall  be  thereby  divested  or  impaired. 

Mr.  OWEN  moved  to  reconsider  the  vote  on  the  passage 
of  the  bill,  and  moved  the  previous  question. 

The  previous  question  was  seconded,  and  the  main  ques- 
tion was  ordered,  and,  being  taken,  was  decided  in  the 
negative. 

So  the  House  refused  to  reconsider  the  vote,  and  the  bill 
is  finally  passed. 

HOUSE  or  REPRESENTATIVES,  July  24,  1846. 

Mr.  W.  W.  CAMPBELL,  from  the  Joint  Committee  on  the 
Library,  to  which  was  referred  the  memorial  of  Mr.  Catlin 
for  the  purchase  of  his  gallery  of  Indian  collections  of 
paintings,  made  a  report^  thereon,  and  recommended  an 
amendment  to  the  bill  of  the  House  "  To  establish  the 
Smithsonian  Institution  for  the  increase  and  diffusion  of 
knowledge  among  men,"  providing  for  the  purchase  of  said 
gallery  of  Indian  collections  of  paintings ;  which  report 
was  laid  upon  the  table. 

HOUSE  OF  REPRESENTATIVES,  August  10, 1846. 
A  message  was  received  from  the  President  of  the  United 


474  CONGRESSIONAL    PROCEEDINGS. 

States,  informing  the  House  that  he  had  approved  and 
signed  the  bill  to  provide  for  the  establishment  of  the  Smith- 
sonian Institution. 

The  SPEAKER  said,  that  by  one  provision  of  the  bill,  it 
was  made  the  duty  of  the  chair  to  appoint  three  regents. 

And  the  SPEAKER  announced  that  he  had  accordingly  ap- 
pointed the  following  gentlemen  : 

Mr.  Robert  Dale  Owen,  of  Indiana  :  Mr.  Win.  J.  Hough, 
of  New  York  ;  Mr.  Henry  W.  Hilliard,  of  Alabama. 


PKOCEEDINGS  IN  THE  SENATE. 

SENATE,  January  16,  1847. 

Mr.  BREESE  rose  and  stated  that  there  was  a  vacancy  in 
the  Board  of  Regents  of  the  Smithsonian  Institution  occa- 
sioned by  the  death  of  Senator  JVnnvbacker,  and  that  it 
was  important  that  the  same  be  filled,  inasmuch  as  there 
was  to  be  a  meeting  of  the  Board  of  Regents  on  the  I'nth 
of  this  month,  at  which  important  business  would  be 
brought  forward. 

Mr.  Breese  referred  to  the  law  in  relation  to  the  modi-  <>l 
making  appointments  to  fill  vacancies  occurring  in  tin-  said 
board,  which  directs  that  such  vacancies  shall  be  filled  in 
the  same  manner  as  vacancies  occurring  in  standing  com- 
mittees of  the  Senate.  These  were  filled  cither  by  election 
on  the  part  of  the  Senate  or  by  the  appointment  of  the 
presiding  officer.  He  moved  that  the  Vice-President  be 
authorized  to  appoint  a  person  to  fill  the  vacancy. 

Mr.  CRITTENDEN  remarked  that  he  was  entirely  satisfied 
with  the  appointments  which  had  been  made/ although 
they  were  made  after  the  adjournment  of  Congress,  and 
consequently  he  had  no  participation  in  making  them.  But 
as  a  vacancy  now  occurred  during  a  ses>ion  of  Congress, 
he  thought  it  would  be  proper  that  the  Senate  should  exer- 
cise its  right  to  select  a  person  to  fill  that  vacancy,  lie 
was  the  more  desirous  that  this  should  be  done,  inasmuch 
as  he  had  in  his  mind  a  gentleman  who  had  lately  distin- 
guished himself  in  writing  upon  this  subject,  and  who,  he 
believed,  would  be  the  proper  person  to  be  selected. 

Mr.  EVANS  reminded  the  Senator  from  Kentucky  that 
the  person  to  be  appointed  must  be  a  member  of  the  Sen- 
ate. 

Mr.  CRITTENDEN.  Oh!  that  being  the  case,  Mr.  President, 
I  offer  no  further  objection  to  the  motion.  The  person  I 
wished  to  see  appointed  is  Dr.  Bird. 


TWENTY-NINTH     CONGRESS,    1845-47.  475' 

Mr.  WESTCOTT  said,  when  the  Smithsonian  bill  was  before 
Congress  at  the  last  session  he  was  opposed  to  it,  and  he 
believed  he  voted  against  it  throughout  when  present  in 
the  Senate,  while  it  was  under  consideration.  He  had 
many  objections  to  the  bill.  An  insuperable  one  was,  that 
he  objected  to  those  provisions  by  which  Senators  and  Rep- 
resentatives were  to  be  appointed  "  regents,'"  an  office  crea- 
ted by  the  law  passed  by  themselves.  He  had  no  idea  that 
it  was  constitutional,  or  in  anywise  proper,  for  members  of 
Congress  to  make  offices  for  themselves  of  this  character. 
The  office  of  regent  was  a  civil  q$zce— and  the  Constitution 
prohibited  members  of  Congress  from  being  appointed  to 
any  office  created  "  during  the  terra  for  which  they  were 
elected."  It  was  an  office  of  trust  and  honor,  and,  in  some 
respects,  of  emolument.  With  this  belief,  he  should  not 
vote  upon  this  motion,  to  which  he  had  no  other  objection. 
If  he  voted  against  it,  his  vote  would  be  subject  to  miscon- 
struction. He  knew  a  majority  of  the  Senate  differed  with 
him  on  the  constitutional  question  he  had  averted  to,  but 
on  such  a  question  he  must  obey  the  dictates  of  his  own 
conscience. 

The  motion  of  Mr.  Breese  was  then  agreed  to. 

SENATE,  January  18,  1847. 

The  Vice-President  announced  that  he  had  appointed 
Mr.  Lewis  Cass  to  be  a  Regent  of  the  Smithsonian  Institu- 
tion, in  the  place  of  Mr.  Pennybacker,  deceased. 

SENATE,  February  15,  1847. 

Mr.  EVANS,  in  pursuance  of  notice,  obtained  leave  to 
bring  in  a  bill  to  authorize  the  Regents  of  the  Smithsonian 
Institution  to  purchase  from  the  corporation  of  Washington 
the  City  Hall,  and  for  other  purposes. 

The  bill  had  its  second  reading,  and  was  referred  to  the 
Committee  for  the  District  of  Columbia.  The  bill  is  as  fol- 
lows : 

AN  ACT  to  authorize  the  Kegents  of  the  Smithsonian  Institution  to  pur- 
chase, for  the  use  of  said  Institution,  of  the  corporation  of  the  city  of 
Washington,  the  City  Hal!,  arid  for  other  purposes. 

Be  it  enacted,  $c.,  That  the  Regents  of  the  Smithsonian  Institution  be, 
and  they  are  hereby,  authorized  to  purchase  of  the  corporation  of  the  city 
of  Washington  all  the  right,  title,  and  interest  of  the  said  corporation  in 
and  to  the  City  Hall  of  the  said  city  ;  subject,  however,  to  the  conditions 
and  provisions  hereinafter  specified:  Provided,  That  the  corporation  shall, 
on  or  before  the  tenth  day  of  March  next,  enter  into  bond,  with  sufficient 
sureties,  to  be  approved  by  the  Attorney  General  of  the  United  States,  that, 
they  will  erect  on  the  Market  Space,  between  7th  and  9th  streets  west,  and 
between  Pennsylvania  avenue  and  B  street  north,  a  suitable  and  commo- 


476  CONGRESSIONAL    PROCEEDINGS. 

•  dious  building,  in  which  there  shall  be  included  such  apartments  as  may  be 
necessary  for  the  accommodation  of  the  circuit  court  of  the  United  States 
for  the  county  of  Washington,  in  the  District  of  Columbia,  for  the  use  of 
the  grand  and  petit  jurors  of  the  said  county,  for  the  offices  of  the  clerk  of 
the  said  court  and  the  marshal  of  said  District,  and  for  the  preservation  and 
security  of  the  books,  papers,  and  records  of  the  said  court ;  and  that  they 
will  complete  the  said  building,  or  so  much  of  the  same  as  may  contain  the 
apartments  and  accommodations  aforesaid,  and  shall  prepare  the  same  for 
the  said  courts  and  offices,  on  or  before  the  tenth  day  of  March,  1848  And 
upon  such  purchase  being  completed,  the  said  corporation  shall  release  and 
forever  quit  claim  unto  the  said  Smithsonian  Institution  all  the  right  and 
title  of  the  said  corporation  unto  the  said  City  Hall,  and  unto  the  possession 
and  occupation  of  the  lot  or  square  on  which  the  same  now  stands. 

SEC.  2.  And  be  it  further  enacted,  That  so  soon  as  the  said  bond  and  re- 
lease shall  be  executed  by  the  said  corporation,  and  sufficient  evidence 
thereof  be  laid  before  the  President  of  the  United  States,  the  President  be, 
and  he  is  hereby,  authorized  to  grant  unto  the  said  corporation  the  right  to 
occupy  and  improve,  for  public  purposes,  all  or  any  portion  of  that  lot  or 
square  of  ground  in  the  city  of  Washington,  including  the  Market  Space, 
lying  between  Seventh  and  Ninth  streets  west,  and  bounded  on  the  north 
by  the  south  line  of  Pennsylvania  avenue,  and  on  the  south  by  the  north 
line  of  13  street  north.  And  then,  and  in  that  case,  there  shall  also  be  paid 
to  the  corporation,  towards  the  erection  of  the  building,  as  provided  in  the 
first  section  of  this  act,  the  sum  of  thirty-five  thousand  dollars,  which  sum 
is  hereby  appropriated  out  of  any  money  in  the  Treasury  not  otherwise  ap- 
propriated ;  and  the  said  sum  of  thirty-five  thousand  dollars  is  hereby  de- 
clared to  be  in  full  of  the  apartments  and  accommodations  specified  in  the 
first  section  of  this  act ;  and  the  said  apartments  and  accommodations  shall 
forever  remain  subject  to  the  occupation  of  the  courts  and  their  offices 
aforesaid. 

SEC.  3.  And  be  it  further  enacted,  That  in  case  of  the  execution,  by  the 
said  corporation,  of  the  bond  and  release  aforesaid,  the  Kegents  of  the 
Smithsonian  Institution  be,  and  they  are  hereby  authorized,  by  resolution 
of  the  Board  of  Regents,  to  retroccde  to  the  'United  States  that  certain 
building  site  in  the  city  of  Washington,  and  in  the  public  reservation  com- 
monly called  the  Mall,  which,  according  to  the  provisions  of  the  act  organ- 
izing said  Institution,  approved  August  10,  1846','has  become  the  property 
of  the  said  Institution  ;  and,  upon  proper  evidence  being  adduced,  to  the 
satisfaction  of  the  President  of  the  United  States,  of  said  retrocession,  the 
President  shall  be,  and  he  is  hereby,  authorized  to  convey  to  the  Smith- 
sonian Institution,  by  metes  and  bounds,  so  much  of  that  public  reservation 
in  the  city  of  Washington,  commonly  called  the  Judiciary  Square,  as  lies 
south  of  the  extension  of  the  south  line  of  E  street  north,  being  the  same 
lot  or  square  on  which  the  City  Hall  now  stands ;  and  the  said  conveyance 
by  the  President  shall  be  received  in  evidence  in  all  courts  of  the  extent 
and  boundaries  of  the  lot  or  square  of  land  which,  by  virtue  of  this  act, 
may  become  the  property  of  the  said  Smithsonian  Institution. 

SEC.  4.  And  be  it  further  enacted,  That  the  Commissioner  of  Public 
Buildings  in  the  city  of  Washington  be,  and  he  is  hereby,  authorized  and 
required  to  provide  temporary  accommodations  in  some  suitable  building 
for  the  circuit  court  of  the  United  States  for  the  county  of  Washington, 
and  for  its  offices  and  records,  until  the  tenth  day  of  March,  1848.  And 
for  the  purpose  of  procuring  said  accommodations,  the  sum  of  one  thousand 
dollars,  or  so  much  of  the  same  as  may  be  required  for  that  object,  be,  and 
the  same  is  hereby,  appropriated  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated. 

SENATE,  February  22,  1847. 
On  motion  by  Mr.  BREESE,  the  Vice-President  was  au- 


TWENTY-NINTH     CONGRESS,    1845-47.  477" 

thorized  to  fill  the  vacancy  in  the  Board  of  Kegents  of  the 
Smithsonian  Institution,  caused  by  the  resignation  of  Mr, 
George  Evans. 

Mr.  James  A.  Pearce,  of  Maryland,  was  appointed. 

SENATE,  February  27,  1847. 

Mr.  J.  M.  CLAYTON  moved  an  amendment  to  the  Civil 
and  Diplomatic  Appropriation  bill  appropriating  a  sumr 
($5,000,)  to  paid  annually,  for  the  purchase  of  Catlin's  gal- 
lery of  Indian  portraits,  &c. 

Mr.  Clayton  stated  that  this  was  probably  the  last  oppor- 
tunity which  would  be  offered  for  obtaining  this  gallery  of 
paintings,  perpetuating  the  lineaments  of  these  aborigines. 
He  would  not  now  go  into  the  merits  of  these  paintings. 
They  had  been  seen  by  all  the  Senators.  At  the  last  session 
memorials  had  been  presented  from  the  principal  artists 
praying  that  they  might  be  purchased  by  the  Government; 
and  this  was  the  last  opportunity.  They  were  about  six 
hundred  in  number,  and  were  now  at  the  Louvre,  in  Paris, 
where  they  met  with  unqualified  approbation.  It  was  pro- 
vided by  his  amendment  that  they  were  not  to  be  purchased 
unless  the  Smithsonian  Institution  would  find  a  place  for 
them  in  their  gallery,  which  he  understood  would  probably 
be  done.  They  might,  perhaps,  be  purchased  for  about 
$50,000,  of  which  it  was  proposed  to  pay  $5,000  annually. 

.Mr.  BREESE  said  he  was  not  aware  of  any  arrangement 
which  had  been  suggested  in  the  Institute  for  these  paint- 
ings; and  six  hundred  of  them  would  fill  the  entire  gallery 
intended  for  fine  arts.  These  pictures  are  not,  of  them- 
selves, of  such  excellence  as  would  probably  be  selected  for 
the  gallery  of  the  arts. 

Mr.  WESTCOTT  was  opposed  to  purchasing  the  portraits  of" 
savages.     What  great  moral  lesson  are  they  intended  to  in- 
culcate ?     lie  would  rather  see  the  portraits  of  the  numer- 
ous citizens  who  have  been  murdered  by  these  Indians.     He 
would  not  vote  a  cent  for  a  portrait  of  an  Indian. 

Mr.  J.  M.  CLAYTON  added,  that  this  collection  had  cost 
Mr.  Catlin  not  less  than  $10,000.  Propositions  had  been 
made  for  their  purchase  in  Europe,  in  order  to  perpetuate 
the  memory  of  these  Indians  ;  but  we  arc  more  bound  to 
preserve  them  than  foreigners  were.  As  to  the  Institute 
this  appropriation  was  to  depend  on  their  decision.  If  they 
could  not  provide  a  place  for  them  the  paintings  would  not 
be  purchased. 

The  motion  was  then  decided  in  the  negative. 


478  CONGRESSIONAL    PROCEEDINGS. 

SENATE,  March  2,  1847. 

Mr.  BREESE  presented  a  report  of  the  Board  of  Regents 
of  the  Smithsonian  Institution,  made  agreeably  to  law, 
showing  the  operations,  expenditures,  and  condition  of  the 
institution,  which  was  ordered  to  be  printed. 


PROCEEDINGS  IN  SENATE. 

SENATE,  December  30,  1847. 
On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  a  member  be  appointed  by  the  Vice-President  to  till  tin- 
vacancy  in  the  Board  of  Regents,  occasioned  by  the  resignation  of  the  Hon. 
Lewis  Cass. 

Mr.  DAVIS,  of  Mississippi,  was  appointed. 
SENATE,  March  4,  1848. 

Mr.  DAVIS,  of  Mississippi,  on  leave,  introduced  a  joint 
resolution  appointing  certain  Regents  of  the  Smithsonian 
Institution  ;  which  was  read  a  first  and  second  time,  and 
referred  to  the  Committee  on  the  Library. 

SENATE,  June  1,  1848. 
On  motion  of  Mr.  DAVIS,  of  Mississippi, 

Resolved,  That  one  thousand  additional  copies  of  the  report  of  the  R<  - 
gents  of  the  Smithsonian  Institution  be  printed  for  the  use  of  tin.-  Si-iuiii-. 

SENATE,  July  7,  1848. 
On  motion  of  Mr.  PEARCE, 

Resolved,  That  one  hundred  and  fifty  copies  of  the  report  of  the  Regents 
of  the  Smithsonian  Institution,  printed  for  the  use  of  the  Senate,  bo  fur- 
nished to  the  Secretary  of  the  institution  for  the  use  of  said  institution. 


PROCEEDINGS  IN  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  December  8,  1847. 

Mr.  WHITE  gave  notice  that  on  to-morrow,  or  sonic  sub- 
sequent day,  he  would  move  to  amend  the  rules  of  the 
House,  so  as  to  provide  for  the  appointment  of  a  Committee 
on  the  Smithsonian  Institution. 

HOUSE  OF  REPRESENTATIVES,  December  13,  1847. 

Mr.  WHITE,  in  compliance  with  the  notice  he  gave  yester- 
day, introduced  the  following  resolution  : 


THIRTIETH    CONGRESS,    1847-49.  479 

Resolved,  That  the  rules  of  this  House  be  amended  by  adding  one  to  the 
committees,  to  consist  of  nine  members,  which  shall  be  entitled  a  Commit- 
tee on  the  Smithsonian  Institution.  It  shall  be  the  duty  of  the  said  com- 
mittee to  supervise  the  proceedings  of  the  Board  of  Regents,  examine  ac- 
counts and  the  condition  of  the  funds  of  the  institution,  suggest  such  altera- 
tions or  amendments  of  the  law  under  which  the  institution  was  established 
as  may  be  deemed  necessary,  and  report  to  the  House  from  time  to  time,  as 
the  interest  of  the  institution  may  require. 

Mr.  HILLIARD  said  he  supposed  that  the  resolution  would, 
as  a  matter  of  course,  lie  over. 

The  SPEAKER  said  that  the  resolution  was  now  before  the 
House. 

Mr.  HILLIARD  deemed  this  resolution  entirely  unnecessary. 
The  Regents  of  the  Smithsonian  Institution  were  selected, 
three  from  the  Senate  and  three  from  this  House.  What 
possible  necessity,  then,  could  there  be  to  justify  the  ap- 
pointment of  a  committee  to  inspect  the  affairs  of  that  in- 
stitution ?  Besides,  other  departments  of  this  Government 
were  required  to  act  in  concert  with  them,  and  therefore 
there  could  be  no  reason  to  justify  the  bringing  of  the  affairs 
of  that  institution  into  this  arena  of  debate,  that  its  progress 
might  be  embarrassed,  its  harmony  of  action  impaired,  and 
the  objects  which  it  had  undertaken  be  defeated.  He  asked 
the  gentleman  what  good  he  proposed  to  accomplish  by  it  ? 
He  would  impute  no  sinister  motive  to  a  gentleman  of  his  en- 
larged and  enlightened  views,  but  still  it  must  be  borne  in 
mind  that  the  bill  itself  encountered  great  difficulties  in  its 
progress  through  the  House  during  the  last  session.  Much 
hostility  was  manifested  to  it,  and  therefore  he  again  asked, 
what  good  could  be  anticipated  from  the  appointment  of 
such  a  committee  ? 

Mr.  HILLIARD  believed  they  ought  not  to  change  the  pres- 
ent relations  of  Congress  to  that  institution.  A  committee 
appointed  by  this  House  would  not  share  in  the  daily  delib- 
erations of  the  Board  of  Regents,  and,  without  participat- 
ing in  them,  it  would  be  difficult  to  comprehend  all  its 
designs.  The  Board  of  Regents  had  endeavored  in  good 
faith  to  carry  out  the  law  passed  by  Congress ;  and,  having 
done  so,  he  said,  lot  them  go  on  ;  and  if  their  affairs  should 
hereafter  call  for  the  appointment  of  a  select  committee, 
appoint  one  when  required,  but  do  not  now  provide  the 
means  unnecessarily  of  constantly  bringing  on  this  floor, 
where  they  were  so  much  oppressed  with  debate,  the  affairs 
of  the  Smithsonian  Institution. 

Mr.  WHITE  disclaimed  all  hostility  to  that  institution,  and 
declared  his  ardent  desire  to  co-operate  with  the  Regents. 
The  bequest  was  a  noble  one,  and  it  should  be  carried  out 


480  CONGRESSIONAL  PROCEEDINGS. 

in  the  same  spirit.  The  committee  which  he  proposed  to 
create,  on  which  he  did  not  desire  to  be  placed,  would 
merely  supervise  the  appropriations  and  review  its  affairs, 
and  his  could  not,  therefore,  he  considered  a  hostile  motion. 
It  was  a  new  institution,  under  the  care  and  guardianship 
of  Congress,  and  such  a  committee  might  be  necessary  to 
report  what  was  useful  and  requisite  to  carry  out  the  design 
of  the  testator,  which  was  to  increase  the  diffusion  of  knowl- 
edge among  men. 

Mr.  C.  J.  INGERSOLL  suggested,  to  save  time,  that  the  reso- 
lution should  be  referred Yo  the  Select  Committee  on  Rules, 
who  could  take  it  into  consideration  and  report  thereon  to 
the  House. 

Mr.  WHITE  had  no  objection  to  that  course.  He  modified 
his  resolution  accordingly,  and  it  was  referred  to  the  select 
committee  designated. 

HOUSE  OF  REPRESENTATIVES,  December  19,  1847. 

The  House  having  under  consideration  the  Rules  of  the 
House,  the  seventh  ^proposed  rule  was  read  as  follows: 

"  7.  In  addition  to  the  other  standing  committees  of  the  House,  there 
shall  be  one  called  the  Smithsonian  Committee,  whose  duty  it  shall  be  to 
superintend  the  affairs  of  the  Smithsonian  institution." 

Mr.  C.  J.  INGERSOLL  expressed  a  desire  to  postpone  the 
consideration  of  this  rule  to  a  future  day. 

Mr.  HILLIARD  said  he  desired  to  occupy  about  ten  min- 
utes of  the  time  of  the  House  on  this  subject  at  this  time. 
He  thought  this  was  the  precise  occasion  on  which  a  few 
words  should  be  said. 

Mr.  C.  J.  INGERSOLL  had  no  objection ;  but  as  the  other 
rules  had  been  disposed  of,  he  wished  to  defer  this  for  the 
present. 

Mr.  HILLIARD  undertook  to  move  the  postponement  to  a 
day  certain,  and  then  proceeded  as  follows: 

Mr.  Speaker:  It  so  happens,  that  I  am  the  only  member 
of  the  Board  of  Regents  of  the  Smithsonian  Institution  now 
entitled  to  a  seat  on  this  floor.  It  is  important  to  secure 
the  good  will  of  the  country  in  behalf  of  an  enterprise  so 
elevated — one  might  say  so  sublime. 

There  exists  some  misconception  in  regard  to  the  Insti- 
tution, and  idle  rumors  are  afloat  which  may  affect  it  inju- 
riously. Scientific  establishments  are  not  to  go  out  and 
court  popularity,  but  they  must  not  be  indifferent  to  public 
sentiment.  Before  entering  upon  the  stormy  and  engross- 
ing debates  in  which  we  shall  presently  be  engaged,  I 


THIRTIETH    CONGRESS,    1847-49.  481 

desire  by  a  simple  statement  of  facts,  to  give  the  House  a 
view  of  the  history,  condition,  and  plans  of  an  institution 
which  so  strongly  appeals  to  us  for  protection. 

Mr.  Smithson's  bequest  was  a  noble  one.  He  gave  his 
whole  property  to  found  at  the  city  of  Washington  "  an  es- 
tablishment for  the  increase  and  diffusion  of  knowledge 
among  men."  America  was  selected  as  a  field  for  so  wide 
and  beneficent  a  design,  ^oung,  vigorous,  rapidly  increas- 
ing in  numbers,  this  country  afforded  the  best  ground  upon 
which  to  rest  an  establishment  which  was  designed  to  en- 
lighten mankind. 

Entering  into  the  spirit  of  this  bequest,  Congress  passed 
an  act  making  the  most  liberal  provision  for  carrying  it  in- 
to practical  effect.  The  whole  sum,  with  its  accumulated 
interest,  was  turned  over  to  the  establishment  created  by 
the  act,  composed  of  the  President  and  Vice  President  of 
the  United  States,  the  Secretary  of  State,  the  Secretary  of 
the  Treasury,  the  Secretary  of  War,  the  Secretary  of 'the 
Navy,  the  Postmaster  General,  the  Attorney  General,  the 
Chief  Justice,  and  the  Commissioner  of  the  Patent  Office 
of  the  United  States,  and  the  Mayor  of  the  city  of  Wash- 
ington, during  the  time  for  which  they  shall  hold  their  res- 
pective offices,  and  such  other  persons  as  they  may  elect 
honorary  members.  The  sum  amounted  to  five  hundred 
and  fifteen  thousand  one  hundred  and  sixty-nine  dollars, 
and  a  further  sum  of  two  hundred  and  forty-two  thou- 
sand one  hundred  and  twenty-nine  dollars,  being  the 
accumulated  interest  upon  that  sum  since  it  came  into 
possession  of  the  Government.  The  principal  sum  was 
forever  to  remain  untouched,  the  interest  was  appropriated 
to  the  erection  of  the  building  and  incidental  expenses. 
The  building  to  be  erected  was  to  meet  the  provisions  of 
the  act,  which  required  it  to  contain  suitable  rooms  or  halls 
for  the  reception  and  arrangement,  upon  a  liberal  scale,  of 
objects  of  natural  history,  including  a  geological  and  min- 
eralogical  cabinet ;  also  a  chemical  laboratory,  a  library,  a 
gallery  of  art,  and  the  necessary  lecture  rooms.  Another 
section  provides  that,  in  proportion  as  suitable  arrangements 
can  be  made  for  their  reception,  all  objects  of  art,  and  of  for- 
eign and  curious  research,  and  all  objects  of  natural  history, 
plants,  and  geological  and  mineralogical  specimens,  belong- 
ing or  hereafter  to  belong  to  the  United  States,  which  may 
be  in  the  city  of  Washington,  shall  be  delivered  to  the  care 
of  the  institution,  and  so  classed  and  arranged  as  best  to 
facilitate  the  examination  and  study  of  them  in  the  building 
to  be  erected.  This  at  once  empties  the  great  hall  of  the 
31 


482  CONGRESSIONAL    PROCEEDINGS. 

Patent  Office,  three  hundred  and  fifty  feet  long,  of  its  con- 
tents. It  must  be  at  once  seen  that  the  Sinithsonian  build- 
ing ought,  if  it  is  to  accommodate  these  great  and  various 
objects,  to  be  of  ample  dimensions.  This  building,  too, 
was  to  be  erected  without  dela}\  The  site  was  to  be  selec- 
ted "forthwith"  "  and  so  soon  "  as  that  was  done,  the  Board 
was  to  proceed  with  the  erection  of  the  building;. 

The  Board  of  Regents  faithfully  studied  the  wiM  of  Mr. 
Smithson,  and  the  law  creating  the  establishment. 

Two  things  were  to  be  accomplished.  First,  to  increase 
knowledge  by  original  research;  and  then,  second  to  dift'"*<- 
it  by  suitable  anct  efficient  agencies;  or  in  the  language  of 
the  venerable  and  distinguished  gentleman  from  Massa- 
chusetts, (Mr.  Adams,)  "  to  spread  knowledge  throughout 
the  world." 

The  task  devolved  by  Congress  on  the  Regents  was  no 
light  one.  They  were  called  on  to  organize  and  set  on  foot 
this  establishment,  so  l>c'iicti<-(>nt  in  its  conception,  so  com- 
prehensive in  its  design.  The  act  of  Congress  prescribed 
certain  parts  of  the  plan,  and  left  the  other  parts  to  be  de- 
vised by  the  Board  of  Regents.  That  part  of  the  plan  which 
was  embraced  in  the  act  of  Congress  had  almost  exclusive 
reference  to  the  diffusion  of  knowledge.  The  means  which 
provide  for  the  increase  have  been  supplu-d  by  tin-  Regents. 

We  have  been  charged  with  being  wildly  extravagant — 
laying  out  large  sums  in  purchase  of  old  books.  A  story 
has  been  circulated  that  we  paid  $2,500  for  an  old  and  rare 
copy  of  the  Bible.  Now,  sir,  no  man  loves  the  Bible  more 
than  I  do,  but  I  could  not  have  consented  to  an  expenditure 
of  that  sort.  I  dare  say  no  one  member  of  the  Board  ever 
dreamed  of  such  an  expenditure. 

Again,  some  have  charged  us  with  being  too  utilitarian, 
confining  our  operations  to  an  improvement  of  the  physical 
condition  of  mankind.  We  have  certainly  endeavored,  in 
our  plan  of  organization,  to  provide  for  the  entire  wants  of 
mankind,  and  to  meet  the  spirit  of  the  age.  We  have 
brought  into  our  service  a  gentleman  who  stands  in  the 
front  rank  of  the  science  of  the  country — I  mean  Professor 
Henry,  formerly  of  Princeton.  His  name  is  well  known  in 
Europe,  and  is  associated  with  that  of  Faraday,  and  Arago, 
and  Queteiet.  I  have  before  me  the  plan  of  organization 
adopted  for  the  operations  of  the  institution,  to  which  I  de- 
desire  to  call  the  attention  of  the  House,  but  which,  (as  Mark 
Antony  said  on  a  much,  more  important  occasion,  about 
the  will  of  Csesar,)  pardon  me,  I  do  not  intend  to  read.  I 


THIRTIETH    CONGRESS,    1847-49.  483 

vrish  every  gentleman  in  the  House  would  read  it,  for  it 
would  receive  on  all  sides  a  warm  and  generous  support. 

I  desire  to  submit  a  few  remarks  in  regard  to  our  build- 
ing. We  were  authorized  by  Congress  to  expend  $240,000 
in  its  erection ;  but,  in  view  of  the  wide  field  of  knowledge 
to  be  cultivated,  the  Regents  resolved  to  save  a  part  of  this 
sum  and  add  it  to  the  principal.  Keeping  in  view  the  great 
interests  to  be  provided  for,  it  was  resolved  to  erect  a  build- 
ing of  proportions  sufficiently  ample  to  meet  the  require- 
ments of  the  act  of  Congress,  and  of  a  style  which  should 
not  oiFerid  the  eye.  This  has  been  effected,  a  contract  has 
been  entered  into,  and  a  plan  of  expenditure  agreed  upon, 
which,  while  the  building  is  gradually  constructed,  will 
carry  out  the  plan  to  full  completion,  and  at  the  end  of  five 
years  from  the  time  of  its  commencement.  So  far  from 
having  expended  the  sum  appropriated  by  Congress  for  the 
purpose,  we  shall  have,  after  erecting  the  structure,  provid- 
ing for  its  warming  and  ventilation,  and  the  inclosure  of  the 
grounds,  $140,000  to  return  to  the  principal  sum.  In  the 
meanwhile  we  are  carrying  on  the  operations  of  the  insti- 
tution, stimulating  original  researches,  publishing  contribu- 
tions to  science,  and  gradually  increasing  our  library.  At 
the  same  time  we  pay  our  debts  as  we  go  on.  This  is,  of 
course,  accomplished  by  using  the  interest  on  the  $240,000 
for  the  building  and  the  annually  accruing  interest  on  the 
principal  fund  for  meeting  the  regular  expenses  of  the  in- 
stitution. 

The  transactions  of  the  present  year  arc  highly  interest- 
ing, and  will  soon  be  published  in  a  volume  which  will  com- 
pare  well  with  similar  publications  in  Europe. 

With  the  building,  so  far  as  it  has  gone,  all  paid  for  and 
every  debt  discharged,  we  shall  have  at  the  end  of  the  year 
$10,000  more  than  we  received  from  Congress. 

Is  there  any  necessity  for  a  standing  committee  of  this 
House  ?  How  is  the  Board  of  Regents  composed  ?  The 
act  of  Congress  declares  that  if  shall  be  constituted  of  the 
Vice-President  of  the  United  States,  the  Chief  Justice  of 
the  United  States,  the  Mayor  of  the  city  of  Washington, 
three  members  of  the  Senate,  three  members  of  the  House 
of  Representatives,  together  with  six  other  persons  not 
members  of  Congress."  Each  House  of  Congress,  it  will 
be  perceived,  has  three  members  of  the  Board  of  Regents ; 
and  it  is  required  by  law  that  the  board  shall  submit  to 
Congress  at  each  session  a  report  of  the  operations,  expen- 
ditures, and  condition  of  the  institution. 

At  the  last  session,  I  presented  a  full  report  according  to 


484  CONGRESSIONAL    PROCEEDINGS. 

law,  which  I  now  have  before  me  ;  it  was  printed  and  circu- 
lated. Another  report  is  about  to  be  presented,  embracing- 
the  report  of  the  building  committee,  a  paper  containing 
some  three  hundred  pages,  full  of  useful  information,  which 
I  should  be  happy  to  see  printed.  Is  it  then  necessary  to 
appoint  a  committee  ?  Is  it  proper  ?  Is  it  becoming  ?  A 
committee  of  this  House  appointed  "  to  superintend  the 
affairs  of  the  Smithsonian  Institution!"  This  committee 
will'bring  under  its  supervision  the  Vice-President  of  the 
United  States,  the  Chief  Justice,  three  Senators,  three  Rep- 
resentatives, and  six  citizens  at  large,  selected  because  of 
their  character  and  attainments.  May  I  most  respectfully 
ask,  who  will  superintend  the  affairs  of  that  committee  of 
five?  Where  is  the  necessity  for  thus  complicating  the 
machinery  of  an  institution  which  ought  to  be  left  to  enjoy 
the  repose  which  science  loves  ? 

I  hope,  sir,  that  this  institution,  so  important  to  this  coun- 
try and  to  mankind,  will  not  be  launched  on  the  ever-heav- 
ing sea  of  politics.  If  that  should  happen,  we  should  soon 
lose  sight  of  land ;  storms  and  shipwreck  would  await  us, 
and  the  hopes  which  crowned  our  noble  enterprise  in  its 
commencement  would  perish  with  us. 

I  thank  the  House  for  the  attention  with  which  they  have 
heard  these  remarks  ;  it  evinces  the  interest  which  they  feel 
in  an  institution  which  claims  their  protection. 

Mr.  Hilliard  concluded  by  moving  to  lay  the  proposed 
rule  on  the  table. 

Mr.  ANDREW  JOHNSON  said  he  thought  he  understood  the 
agreement  between  the  gentleman  from- Alabama  and  the 
gentleman  from  Pennsylvania  to  be,  that  this  subject  should 
be  postponed  to  a  day  certain. 

Mr.  C.  J.  INGERSOLL.  My  suggestion  was,  that  the  con- 
sideration of  the  subject  be  postponed  to  any  given  day 
which  the  gentleman  from  Alabama  might  name. 

Mr.  HILLIARD.  I  have  no  choice  at  all,  sir. 

Mr.  INGERSOLL  indicating  his  wish  that  the  gentleman 
from  Alabama  should  name  the  day. 

Mr.  HILLIARD  said  he  would  move,  if  agreeable  to  the- 
House,  that  it  be  postponed  to  this  day  twelve  months. 

Mr.  ANDREW  JOHNSON  addressed  the  chair,  and  inquired 
if  that  motion  was  not  debatable  ? 

The  SPEAKER  replied  in  the  affirmative. 

Mr.  C.  J.  INGERSOLL  suggested  to  Mr.  Hilliard  that  his 
understanding  was  that  it  should  be  postponed  to  some  day 
not  distant,  when  the  House  could  reach  and  dispose  of  it. 

Mr.  HILLIARD  said  he  would  withdraw  the  motion,  as  he- 


THIRTIETH    CONGRESS,    1847-49.  485 

preferred  the  gentleman  from  Pennsylvania  should  make 
Iris  own  motion. 

The  SPEAKER  said  the  gentleman  from  Pennsylvania  had 
not  the  floor  to  make  the  motion.  The  gentleman  from 
Tennessee  [Mr.  A.  Johnson]  had  taken  the  floor. 

Mr.  HILLIARD  then  remarked  that  he  had  heen  reminded 
that  his  pledge  was  to  move  a  postponement  to  a  day  within 
a  reasonable  period,  and  said  he  would  modify  his  motion 
so  as  to  name  the  3d  day  of  January  next. 

The  SPEAKER  said  the  motion  could  not  be  altered  with- 
out the  consent  of  the  gentleman  from  Tennessee,  who  had 
the  floor. 

Mr.  HILLIARD  appealed  to  the  gentleman  from  Tennessee 
to  permit  the  modification  to  be  made. 

Mr.  JOHNSON  had  no  objection,  provided  it  did  not  deprive 
him  of  the  floor. 

The  motion  was  accordingly  modified  by  Mr.  Hilliard  so 
as  to  postpone  to  the  3d  day  of  January. 

Mr.  ANDREW  JOHNSON  then  proceeded  in  his  remarks. 
He  said  the  gentleman  who  had  just  closed  his  remarks  had 
seen  no  propriety  or  necessity  for  the  appointment  of  this 
committee.  He  seemed  to  think  it  would  be  humiliating 
and  detracting  somewhat  from  the  dignity  of  these  individ- 
uals— who  were  called  u  Regents,"  he  believed,  in  the  act 
establishing  the  Smithsonian  Institution — to  have  their  pro- 
ceedings come  under  the  supervision  of  a  committee  of  this 
House.  Now,  his  (Mr.  Johnson's)  conceptions  about  dignity 
and  position  in  this  country  were  perhaps  different  from 
those  of  the  gentleman  from  Alabama.  According  to  his 
.notions  of  government,  this  body  occupied  the  highest  and 
most  elevated  position.  In  this  Democratic  Government  it 
was  held  that  the  people  are  sovereign,  the  source  of  all 
power;  this  body  stands  next  to  the  people,  next  to  the  sov- 
ereignty, and  instead  of  detracting  from  their  dignity,  he 
thought  it  was  assigning  them  their  true  position.  He  knew 
there  were  some  who  were  really  fascinated  by  that  word 
"  Regent,"  and  the  fondness  of  such  things  was  increasing 
in  our  country. 

He  thought  the  gentleman  from  Alabama  had  demonstra- 
ted clearly  to  this  House,  in  his  opposition  to  the  creation  of 
this  committee,  the  necessity  of  its  creation.  If  all  was 
done  well,  everything  regularly  transacted,  if  the  money 
was  judiciously  expended,  in  the  name  of  common  reason 
would  it  injure  or  affect  their  proceedings  to  be  supervised 
lay  a  committee  appointed  by  this  body  ?  Why,  the  very 
disposition  to  shrink  from  the  supervision  of  a  committee 


486  CONGRESSIONAL  PROCEEDINGS. 

appointed  by  the  popular  branch  of  the  Government  ought 
to  carry  conviction  to  the  mind  of  this  House  of  the  neces- 
sity of  its  creation. 

He  was  no  prophet,  but  when  the  bill  was  before  the 
House  for  the  establishment  of  the  Smithsonian  Institution, 
he  had  predicted  what  had  already  become  a  matter  of  fact 
— that  this  institution  would  be  an  incubus  upon  the  Treas- 
ury, that  it  would  be  a  perpetual  source  of  expenditure. 
The  clause  in  Mr.  Smithson's  will  "for  the  increase  and 
diffusion  of  knowledge  among  men  "  read  well,  it  was  true. 
And  the  gentleman  from  Alabama  undertook  also  to  prove 
how  great  financiers  the  Board  of  Regents  were,  and  said, 
after  all  the  improvements  are  done,  they  would  have  over 
$100,000  left.  And  how  was  this  done  ?  Why,  they  had 
taken  $242,000,  supposed  to  be  the  interest  which  had  accu- 
mulated on  this  fund,  and  put  that  upon  interest — having 
bought  Treasury  notes,  he  supposed,  on  which  they  were 
drawing  interest;  and  by  this  means  they  had  saved  an  im- 
mense sum.  Did  not  every  member,  know,  who  had  paid 
attention  to  the  discussion  of  this  subject  when  the  bill 
passed  placing  $500,000  at  the  discretion  of  the  Board  of 
Regents,  that  not  a  dollar  of  it  was  there  ?  They  first  placed 
a  certain  amount  in  the  Treasury  that  did  not  exist  there, 
and  then  calculated  interest  on  this  fictitious  amount,  and 
then  interest  on  the  interest;  which  is  the  way  in  which 
they  are  to  carry  on  their  extensive  works. 

Mr.  HILLIARD.  Is  the  gentleman  charging  that  upon  the 
Board  or  this  House  ? 

Mr.  JOHNSON.  Charging  what  ? 

Mr.  HILLIARD.  Why,  that  a  fictitious  amount  was  placed 
in  the  Treasury. 

Mr,  JOHNSON.  I  wras  going  on  to  prove  the  position  that 
this  institution  would  be  an  incubus  upon  the  Treasury. 

Mr.  HILLIARD.  But  does  the  gentleman  charge  the  put- 
ting this  fictitious  sum  in  the  Treasury,  &c.,  on  the  Board 
or  on  Congress.  I  wish  him  to  answer  on  that  point. 

Mr.  JOHNSON.  On  Congress.  The  bill  of  last  session 
placed  $500,000  in  the  Treasury  which  was  not  there  in 
reality.  It  is  true  the  Government  received  it ;  but  they 
acted  as  a  faithful  trustee,  and  loaned  it  out,  and  not  a  cent 
has  ever  been  returned.  In  this  state  of  the  case,  Mr.  John- 
son denied  that  the  Government  was  justly  bound  to  refund 
the  money,  and  that  very  few  of  their  constituencies  would 
sanction  it.  It  would  have  been  much  better  if  she  had 
never  consented  to  act  as  trustee  of  it;  for,  notwithstand- 
ing their  flourishing  with  "  Regents,"  &c.,  and  talking  of 


THIRTIETH    CONGRESS,    1847-49.  487 

such  a  sum  as  in  the  Treasury,  it  was  not  there,  and  the  ex- 
penses of  this  institution  came  out  of  the  Treasury,  which 
was  already  heavily  taxed  and  burdened  with  debt  to  carry 
on  the  war.  He  insisted,  now  that  they  had  commenced 
operations,  that  reports  of  their  proceedings  should  be  reg- 
ularly laid  before  a  committee  of  this  House,  who  would 
thus  have  supervision  over  them,  and  be  a  check  upon  them. 
Such  a  restraint  was  needed  in  all  Government  establish- 
ments, and  there  was  no  reason  in  this  case  why  this  insti- 
tution should  be  excepted. 

HOUSE  OF  REPRESENTATIVES,  December  22,  1847. 

In  pursuance  of  the  act  establishing  the  Smithsonian  In- 
stitution— 

The  SPEAKER  reappointed  Mr.  H.  W.  Hilliard,of  Alabama, 
a  Eegent  of  the  said  institution  ;  and  appointed  Mr.  Geo.  P. 
Marsh,  of  Vermont,  and  Mr.  Robert  McClelland,  of  Michi- 
gan, to  the  Board  of  Regents  on  the  part  of  the  House,  in 
the  place  of  Mr.  Hough  and  Mr.  Owen,  whose  terms  have 
expired. 

HOUSE  OF  REPRESENTATIVES,  January  5,  1848. 

The  SPEAKER  laid  before  the  House  a  report  from  the 
Regents  of  the  Smithsonian  Institution,  showing  the  opera- 
tions, expenditures,  and  condition  of  that  institution  for  the 
past  }7ear. 

Mr.  HOUSTON,  of  Delaware,  moved  to  lay  the  report  on 
the  table,  and  that  it  be  printed. 

Mr.  JOHNSON,  of  Tennessee,  called  for  a  division  of  the 
question,  so  as  to  take  the  question  separately  on  each 
branch  of  the  motion. 

The  question  was  divided  accordingly,  and  the  report  was 
ordered  to  be  laid  on  the  table.  The  question  then  recur- 
ring on  the  motion  to  print — 

Mr.  JOHNSON,  of  Tennessee,  opposed  the  printing  at  pres- 
ent. The  House  saw,  in  the  proposition  to  print  this  cum- 
brous document,  a  beginning  of  what  had  been  anticipated 
by  some  who  were  opposed'to  this  institution.  Here  was 
a  long  report,  accompanied  by  many  documents,  and  this 
House  was  called  upon  to  print  them  ;  and  he  expected  they 
would  have  a  proposition  soon  to  print  an  extra  number. 
It  was  true  the  law  establishing  this  institution  provides 
that  the  Regents  should  make  a  report  to  the  House  ;  but 
before  this  report  was  printed,  before  an  order  to  print  was 
made,  the  Committee  on  the  Smithsonian  Institution  ought 
to  be  established,  and  ought  to  report  to  the  House  the  pro- 


488  CONGRESSIONAL    PROCEEDINGS. 

priety  of  having  this  report  and  the  accompanying  docu- 
ments printed. 

Perhaps  it  might  be  considered  by  some,  as  he  from  the 
beginning  had  opposed  this  institution,  that  he  had  some 
personal  dislike  to  those  connected  with  it,  or  that  he  was 
operated  upon  from  some  other  unworthy  consideration, 
that  produced  his  opposition  to  it.  He  availed  himself  of 
this  occasion  to  disavow  anything  of  this  kind.  He  wanted 
this  committee  established ;  he  wanted  everything  connected 
with  this  institution  referred  to  this  committee.  Let  that 
committee  report  the  result  of  their  investigation  to  this 
House. 

But  while  he  wras  upon  the  floor,  there  were  some  other 
things  to  which  he  would  advert,  for  it  was  very  difficult 
for  him  to  get  the  floor  here  on  any  given  subject.  He  had 
had  the  honor  of  making  a  few  remarks  the  other  day  upon 
the  resolution  providing  for  the  establishment  of  a  commit- 
tee upon  the  Smithsonian  Institution  ;  but  before  he  had 
concluded  his  remarks  the  House  adjourned,  and  the  resolu- 
tion had  laid  over  from  that  day.  The  whole  thing  was  left 
in  the  fog,  and  no  one  could  tell  when  it  would  be  reached 
again. 

He  had  no  personal  hostility  to  this  institution.  He  ap- 
preciated and  approved  the  design  of  the  donor.  He  thought 
the  motives  and  intentions  of  Mr.  Smithson  were  good  ;  but 
this  thing  had  received  an  improper  direction,  and  was  al- 
ready beginning,  as  he  had  remarked,  to  result  in  a  large 
annual  expenditure  to  this  Government,  and  Congress  were 
called  upon  to  appropriate  sum  after  sum  for  printing  and 
for  other  expenses  in  getting  up  this  institution,  which  was 
to  result  in  no  good  to  the  Government  or  the  country. 
What  good  could  result  from  this  institution,  with  its  pecu- 
liar organization  ?  Why,  it  would  have  been  much  better, 
and  would  no  doubt  have  fulfilled  the  good  intentions  and 
motives  of  the  man's  heart,  had  he  bequeathed  this  sum  to 
the  United  States  to  be  expended  in  erecting  school  houses 
of  some  description  in  this  District,  and  in  the  districts 
throughout  the  country,  in  which  the  common  children  of 
the  country  could  be  educated.  It  would  have  been  ditl'us- 
ing  knowledge  among  men  more  profitably,  more  in  accord- 
ance with  the  design  of  the  donor.  But  what  good  has  this 
institution  done,  as  now  organized  ? 

HOUSE  OF  REPRESENTATIVES,  January  17,  1848. 

Mr.  JOHNSON,  of  Tennessee,  moved  the  following  resolu- 
tions : 


THIRTIETH    CONGRESS,    1847-49.  489 

Resolved,  That  in  addition  to  the  standing  committees  of  this  House,  there 
•.shall  be  one  called  the  Smithsonian  Committee,  whose  duty  it  shall  be  to 
superintend  the  affairs  of  the  Smithsonian  Institution. 

Resolved,  That  the  report  made  by  the  Regents  and  accompanying  docu- 
ments be  referred  to  the  Committee  on  the  Smithsonian  Institution,  whose 
duty  it  shall  be  to  examine  the  same  in  connection  with  the  original  journal 
and  other  documents  from  which  they  have  been  made,  and  report  to  this 
Bouse  whether,  in  their  opinion  it  is  necessary  to  print  all  or  any  portion 
of  them,  or  not ;  and  that  said  committee  be,  and  is  hereby,  authorized  and 
required  to  take  into  consideration  the  propriety  and  expediency  of  suspend- 
ing all  further  operations  of  the  Smithsonian  Institution  until  the  Treasury 
•of  the  United  States  be  relieved  from  the  heavy  and  pressing  burden  crea- 
ted by  the  existing  war  between  the  anarchy  of  Mexico  and  the  American 
Union.  And,  further,  that  said  committee  be  authorized  and  required  to 
procure  the  aid  of  three  architects,  distinguished  in  their  profession,  asso- 
ciated with  two  responsible  and  highly  reputed  scientific  practical  builders, 
who  shall  take  into  consideration  the  site,  the  design,  and  material  of  which 
the  present  building  is  composed,  and  report  the  result  of  such  examination 
to  this  House.  And,  further,  that  said  committee  take  into  consideration 
the  propriety  of  so  changing  and  remodelling  the  present  design  of  the 
Smithsonian  Institution  as  to  convert  it  into  a  "  university,"  in  the  ex- 
tended sense  of  the  term,  including  the  manual  labor  feature,  as  to  embrace, 
agriculture,  horticulture,  and  all  the  various  branches  of  mechanism,  or 
as  many  of  them  as  may  be  deemed  practicable  and  useful  to  the  country. 

The  SPEAKER  ruled  the  resolution  out  of  order. 

Mr.  JOHNSON  moved  to  suspend  the  rules  that  the  resolu- 
tion might  be  received. 

The  question  was  put  on  suspending  the  rules,  and  the 
motion  was  disagreed  to. 

Notices  of  motions  for  leave  to  introduce  bills  being  in 
order,  the  following  notice  was  given : 

By  Mr.  JOHNSON,  of  Tennessee :  Of  a  bill  to  change  the 
title  of  an  act,  approved  on  the  10th  day  of  August,  1846, 
entitled  "An  act  to  establish  the  Smithsonian  Institution  for 
the  increase  and  diffusion  of  knowledge  among  men,"  to 
that  of  the  "  Washington  University  for  the  benefit  of  the 
indigent  children  of  the  District  of  Columbia,"  in  memory 
of  and  out  of  respect  to  George  Washington,  the  Father 
of  his  Country. 

HOUSE  OF  KEPRESENTATIYES,  March  13,  1848. 

Mr.  EMBREE  offered  the  following  preamble  and  resolu- 
tion which  was  read,  and  the  resolution  agreed  to : 

Whereas,  James  Smithson,  Esq.,  by  his  last  will  and  testament,  having 
given  the  whole  of  his  property,  now  amounting  to  more  than  $700,000,  to 
the  United  States,  to  found  an"  establishment  for  the  increase  and  diffusion 
of  knowledge  among  men,  and  Congress,  to  carry  out  the  liberal  designs  of 
the  donor,  having  passed  an  act  entitled  "  An  act  to  establish  the  Smithso- 
nian Institution  for  the  increase  and  diffusion  of  knowledge  among  men," 
approved  August  10,  1846  ;  and  whereas  officers  have  been  appointed  under 
said  act,  and  are  proceeding  to  erect  a  building,  which,  with  the  improve- 
ments attached,  according  to  their  estimate,  is  to  cost  about  $250,000  ;  and 
*aid  officers  are  about  to  establish  in  said  building,  with  the  funds  of  the 


490  CONGRESSIONAL  PROCEEDINGS. 

institution,  a  library,  to  contain  100,000  volumes,  a  museum  on  a  large  scale, 
a  chemical  laboratory,  lecture  rooms  for  the  purpose  of  delivering  lectures, 
and  a  gallery  of  art ;  and  whereas  all  of  said  objects  are  local  in  their 
nature,  and  confined  to  the  city  of  Washington  and  its  vicinity,  when  the 
design  of  the  liberal  donor  was  not  only  the  increase  of  knowledge  but  the 
diffusion  of  it  amongst  men,  for  the  general  good  ;  and  whereas  said  act 
provides  "  that  there  is  reserved  to  Congress  the  right  of  altering  or  amend- 
ing, adding  to,  or  repealing  any  of  the  provisions  of  this  act:''  Therefore 
be  it 

Resolved,  That  the  Committee  of  the  Library  inquire  into  the  expediency 
of  so  changing  and  modifying  said  act  as  to  establish  a  department  in  said 
institution  for  the  purpose  of  collecting  and  arranging  information  on  agri- 
culture, common  school  education,  political  economy,  and  the  useful  arts 
and  sciences  ;  which  information,  together  with  the  useful  lectures  that  may 
be  delivered  in  said  institution,  shall  be  published  and  circulated  gratuit- 
ously among  the  people,  so  as  to  carry  out  the  design  of  the  testator  in  dif- 
fusing useful  knowledge  amongst  men,  and  that  said  committee  report  by 
bill  or  otherwise. 

HOUSE  OF  REPRESENTATIVES,  August  8,  1848. 

Mr.  PRESTON,  from  the  Committee  on  the  Library,  to 
which  was  referred  the  resolution  of  the  House,  of  March 
13,  1848,  relative  to  the  Smithsonian  Institution,  reported 
the  following  resolutions,  which  were  read  and  agreed  to  : 

Resolved,  That  it  is  inexpedient  to  change  and  modify  the  act  establish- 
ing the  Smithsonian  Institution  in  the  manner  proposed  in  said  resolution. 

Resolved,  That  the  committee  be  discharged  from  the  further  considera- 
tion of  said  resolution,  and  that  it  be  laid  upon  the  table. 


PKOCEEDINGS  IN  THE  SENATE. 

SENATE,  December  11,  1848. 

Mr.  DAVIS,  of  Mississippi,  on  leave,  introduced  the  follow- 
ing joint  resolution,  which  was  read  a  first  time  : 

Resolved,  #c.,  That  the  vacancies  in  the  Board  of  Kegents  of  the  Smith- 
sonian Institution,  of  the  class  "other  than  members  of  Congress,"  be 
filled  by  the  reappointment  of  the  late  incumbents,  viz  :  Eufus  Choate,  of 
Massachusetts,  and  Gideon  Hawley,  of  New  York. 

Mr.  DAVIS  explained  the  necessity  for  the  immediate  pas- 
sage of  the  resolution,  as  a  meeting  of  the  Regents  would 
take  place  on  Wednesday,  and  it  was  important  that  the 
board  should  be  fully  organized. 

The  joint  resolution  was  then  read  a  second  time,  passed 
through  Committee  of  the  Whole,  and  was  read  a  third 
time  and  passed. 

SENATE,  February  22,  1849. 

Mr.  MASON  presented  the  annual  report  of  the  Regents 
of  the  Smithsonian  Institution ;  and  moved  that  one  thous- 
and copies  be  printed  for  the  use  of  the  Senate ;  which  wa& 
agreed  to. 


THIRTIETH    CONGRESS,    1847-49.  491 

PROCEEDINGS  IN  THE  HOUSE  OF  KEPKESENTAT1VES. 

HOUSE  OF  REPRESENTATIVES,  December  11,  1848. 

Mr.  ANDREW  JOHNSON,  of  Tennessee,  moved  to  amend  the 
resolution  of  Mr.  Truman  Smith,  so  as  to  provide  for  the 
appointment  of  a  standing  committee,  to  be  called  the  Com- 
mittee on  the  Smithsonian  Institution. 

Mr.  GOGGIN  rose,  and  was  understood  to  express  his  desire 
to  offer  an  amendment  providing  that  no  member  should 
have  the  right  to  call  the  previous  question  on  any  proposi- 
tion presented  to  the  House  until  the  same  should  have  been 
distinctly  stated  by  the  Chair  or  the  Clerk. 

Mr.  Goggin  desired,  if  in  order,  to  offer  this  as  an  amend- 
ment to  the  amendment  of  the  gentleman  from  Tennessee, 
[Mr.  Johnson.] 

The  SPEAKER  was  understood  to. say  that  the  proposition 
of  the  gentleman  from  Virginia  [Mr.  Goggin]  would  be  in. 
order  after  the  amendment  of  the  gentleman  from  Tennes- 
see [Mr.  Johnson]  had  been  disposed  of.  The  question  now 
was,  on  ordering  the  appointment  of  an  additional  commit- 
tee on  the  Smithsonian  Institution. 

The  question  was  accordingly  put  by  the  Chair,  but  be- 
fore the  decision  had  been  announced — 

Mr.  JOHNSON  hoped,  he  said,  that  the  House  would  adopt 
his  amendment.  The  subject  involved  the  expenditure  of 
hundreds  of  thousands  of  dollars,  and  he  could  see  no  sub- 
stantial reason  why  opposition  should  be  made  to  the  ap- 
pointment of  such  a  committee.  The  Regents  were  pre- 
pared, as  he  understood,  to  make  a  report.  This  Congress 
had  the  supervision  of  the  fund,  and  had  the  appointment 
of  some  of  its  Regents;  and  he  could  not  see  why  this  bodyr 
or  incorporation,  or  institution,  upon  which  so  much  money- 
had  been  expended,  should  not  be  reported  upon,  as  to  its 
proceedings  and  condition,  to  this  House.  Congress  had 
received  the  fund,  and  had  become  responsible  for  it.  They 
were  the  trustees.  Were  they  to  act  before  a  committee  ot 
the  House  had  reported  upon  the  manner  in  which  the 
funds  had  been  disposed  of,  and  upon  other  matters  of  that 
kind  ?  He  was  utterly  astonished  that  his  amendment 
should  find  any  opponent  on  this  floor.  Did  gentlemen 
wish  to  exclude  all  light  upon  the  subject — to  prevent  the 
country  receiving  such  information  as  it  was  in  their  power 
to  give — to  keep  from  public  view  the  facts  connected  witli 
the  expenditure  of  the  money  ?  It  was  strange  that  any 
gentleman  should  be  found  willing  to  say  that  he  did  not 
want  a  committee  which  might  ascertain  all  the  facts  and 


492  CONGRESSIONAL    PROCEEDINGS. 

report  them  to  the  country.  Various  complaints  had  been 
made  as  to  the  expenditure  of  the  money,  the  structure  of 
the  building,  and  the  material  of  which  it  was  composed. 
Were  gentleman  willing  to  exclude  all  those  facts  which  it 
was  requisite  should  be  known  in  order  to  arrive  at  correct, 
conclusions,  and  intelligently  to  direct  the  future  operations 
of  the  Institution  ?  If  all  was  going  on  well,  if  the  build- 
ing was  properly  constructed,  and  the  money  had  been 
properly  expended,  let  the  country  understand  it.  He 
trusted  that  the  House  would  adopt  his  proposition,  and 
that  a  committee  would  be  appointed. 

Mr.  MCCLELLAND,  of  Mich.,  said  that  he  was  not  opposed 
to  the  appointment  of  the  committee  contemplated  by  the 
amendment  of  the  gentleman  from  Tennessee,  [Mr.  John- 
son.] At  the  same  time,  if  he  had  no  other  reasons  than  those 
which  had  been  assigned  by  the  gentleman  from  Tennessee, 
he  (Mr.  McClelland)  should  be  radically  opposed  to  such  :m 
appointment.  Reports  had  been  sent  in  by  the  Board  of 
Regents  that  were  very  full  and  ample  in  regard  to  all  the 
facts  that  the  people  throughout  the  country  could  desire  to 
know  concerning  this  institution.  One  very  full  report  of 
all  facts  touching  the  institution  had  been  laid  before  the 
House  at  the  last  session  of  Congress.  The  House  had 
refused  to  print  it.  That  report,  his  friend  from  Tennessee 
(Mr.  Johnson)  would  find,  had  set  forth,  in  a  simple  and 
lucid  manner,  everything  connected  with  the  institution 
since  its  organization — everything  that  had  been  done 
under  the  law  passed  by  Congress  down  to  that  time.  He, 
(Mr.  McClelland,)  for  one,  as  a  member  of  the  Board  of 
Regents,  would  say,  that  it  was  not  afraid  of  any  investiga- 
tion by  a  committee  of  this  House  or  otherwise.  He  would 
go  as  far  as  any  reasonable  man  in  favor  of  economy  and 
retrenchment ;  and  he  would  say  that  the  Board  of  Regents, 
so  far  as  his  knowledge  extended,  had  acted  upon  both 
these  principles  in  every  step  they  had  taken.  He  was 
astonished,  on  entering  upon  his  official  duties,  to  find  that 
almost  every  report  which  had  been  put  in  circulation  in 
regard  to  the  institution  was  entirely  false  and  groundless. 
He  hoped  that  every  gentleman  here,  who  was  a  friend  to 
the  institution,  would  permit  a  committee  to  be  appointed, 
and  that  it  might  be  composed  of  members  who  were  radi- 
cally opposed  to  the  institution,  so  that  no  barrier  should  be 
interposed  to  the  most  rigorous  and  searching  scrutiny. 
And  (continued  Mr.  McClelland)  if  that  committee  shall  give 
to  the  country  such  a  report  as  I  know  they  will  give,  (for 
none  other  can  they  make,)  the  effect  will  be  to  raise  the 


1847-40.  493 

institution  to  a  higher  point  in  public  estimation  than  any 
which  it  has  ever  yet  attained. 

Mr.  HILLIARD  rose,  as  a  member  of  the  Board  of  "Regents 
in  this  House,  to  make  no  opposition  to  the  amendment  of 
the  gentleman  from  Tennessee,  if  it  should  be  the  deliber- 
ate opinion  of  the  House  that  such  a  committee  should  be 
appointed.  But  he  wished  the  House  to  mark  the  spirit  in 
which  the  motion  was  made.  When  the  report  was  brought 
forward  by  him  (Mr.  Hilliard)  from  the  Board  of  Regents 
of  the  Smithsonian  Institution,  at  the  last  session  of  Con- 
gress, and  a  motion  was  made  to  print  it,  the  gentleman 
from  Tennessee  was  the  very  one  who  interposed  his  objec- 
tion to  the  printing.  They  had  been  reproached  with  not 
being  willing  to  exhibit  their  doings  to  the  country.  It  had 
been  said  that  there  had  been  improper  expenditures  of 
money,  an  indiscreet  distribution  of  funds  authorized  by 
them.  Here  was  an  ample  report  setting  forth  all  the  facts, 
making  everything  plain;  and  when  he  had  moved  the 
printing  of  the  report,  for  the  information  of  the  country, 
to  his  amazement  that  very  gentleman  objected  to  the 
printing,  on  the  simple  ground  of  expense.  But  now  the 
gentleman  came  forward  with  a  proposition  to  form  a  stand- 
ing committee  whose  business  it  should  be  to  supervise  the 
action  of  the  three  members  of  this  House  and  the  three 
members  of  the  Senate  who  were  already  charged  with 
directing  the  affairs  of  this  institution.  He  should  offer  no 
objections  to  the  proposition  ;  he  left  it  to  the  taste  and 
judgment  of  the  House.  For  one,  he  gave  way,  and  yielded 
any  objections  which  he  had  hitherto  offered  to  the  propo- 
sition. 

Mr.  JOHNSON,  of  Tennessee,  said  the  gentleman  from  Al- 
abama seemed  to  have  stepped  off  upon  the  wrong  track 
when  he  said  that  the  simple  objection  which  he  (Mr.  John- 
son) had  had  to  the  printing  at  the  last  session  of  Congress 
was  that;  it  would  involve  an  expenditure  of  money. 

Mr.  HILLIARD  (in  his  seat)  said  he  had  so  understood  it. 

Mr.  JOHNSON  continued.  The  gentleman  from  Alabama 
had  wholly  misconceived  his  opposition  to  the  printing  of 
this  report  at  the  last  session  of  Congress.  It  would  be  re- 
membered by  the  gentleman  from  Alabama,  and  by  the 
whole  House,  that  he  (Mr.  Johnson)  was  striving  the  whole 
session,  that  he  had  made  effort  after  effort  to  procure  the 
appointment  of  a  committee  before  this  report  should  be 
printed,  that  they  might  ascertain  whether  this  was  the 
report  which  should  be  printed  or  not.  This  was  the  objec- 
tion he  had  to  the  printing  of  the  report.  He  wanted  it 


494  CONGRESSIONAL    PROCEEDINGS. 

referred  to  a  committee,  with  instructions  to  inquire  into 
the  expediency  of  printing  this  report,  and  also  of  printing 
a  work  which  they  desired  to  have  printed  upon  architect- 
ure— a  kind  of  mongrel  report  prepared  by  some  of  the 
regents.  He  wanted  a  committee  appointed  to  inquire  into 
all  the  facts  ahout  the  institution,  and  to  report  them  to  this 
House;  as  well  as  to  inquire  into  the  expediency  of  print- 
ing this  long,  voluminous  report  of  the  regents. 

Mr.  HILLIARD  said  he  helicved  he  had  understood  the 
gentleman's  remarks  correctly,  so  far  as  his  objections  went 
to  the  expenses  of  the  printing.  The  gentleman  now  chose 
to  assume  other  grounds;  that  he  desired  to  examine 
whether  it  was  such  a  report  as  the  House  ought  to  receive. 
Now  it  would  have  been  far  better  for  the  guntlemim  to 
have  allowed  it  to  be  printed,  and  then  this  House  would 
have  been  better  enabled,  at  this  session,  to  ascertain  the 
fact  whether  it  was  such  a  report  as  they  would  receive. 

But  there  was  no  concealing  the  fact,  that  the  spirit  in 
which  the  gentleman  made  his  motion  did  not  grow  out  of 
any  desire  to  have  the  affairs  of  this  institution  better  con- 
ducted, or  to  make  its  action  more  efficient,  or  to  relieve  it 
of  a  single  burden;  but,  on  the  contrary,  from  the  uncom- 
promising hostility  which  the  gentleman  from  Tennessee 
and  a  few  others — he  was  happy  to  say  they  were  but  few- 
felt  against  this  institution.  The  gentlemen  would  he  for 
destroying  its  organization,  for  razing  its  structure  to  the 
very  foundations,  and  for  returning  to  the  British  Govern- 
ment, or  to  the  trustees  of  the  donor,  the  munificent  sum 
which  had  been  received  from  that  quarter.  He  .asked  the 
gentleman  if  it  was  not  so,  and  if  he  was  not  opposed  to 
any  use,  whatever,  being  made  of  the  fund  for  the  estab- 
lishment of  an  institution  in  this  country  called  the  Smith- 
sonian Institution? 

Mr.  JOHNSON  said,  as  the  question  had  been  asked  him, 
he  would  very  cheerfully  answer  it.  The  gentleman  wanted 
to  know  if  his  hostility  was  not  fixed  to  this  institution. 

Mr.  SMITH,  of  Connecticut,  rose  to  a  question  of  order. 
He  wished  to  know  of  the  Speaker  whether  it  was  in  order 
to  discuss  the  general  merits  of  the  Smithsonian  Institution 
upon,  a  mere  proposition  to  appoint  a  committee  ? 

The  SPEAKER  replied  that  the  House  had  adopted  no  rules 
of  proceeding,  and  that  the  parliamentary  law  allowed  a 
very  wide  range  of  debate. 

Mr.  JOHNSON  proceeded  in  his  explanation.  He  was  sat- 
isfied that  the  gentleman  from  Alabama  with  no  unkind 
spirit  asked  if  he  (Mr.  Johnson)  was  not  fixed  in  his  hostil- 


THIRTIETH    CONGRESS,    1847-49.  495 

ity  to  the  very  organization  of  this  institution.  He  could 
inform  the  gentleman  from  Alabama  that  he  misconceived 
his  relation  to  the  Smithsonian  Institution.  He  had  no 
fixed  hostility  to  it.  The  hostility  (if  it  could  be  so  called) 
— the  opposition  which  he  had  to  this  institution  rested 
upon  other  and  different  grounds  from  a  mere  hostility  to 
the  design  of  such  an  institution  One  of  the  principal  rea- 
sons why  he  wanted  this  committee  appointed  was  not  out 
of  opposition  to  the  Smithsonian  Institution;  but  taking 
into  consideration  the  peculiar  crisis  of  the  country  at  that 
time,  and  the  continuation  of  that  crisis  at  this  time,  and 
the  burdens  which  this  institution  was  imposing  upon  the 
Government,  he  wished  to  see  its  affairs  thoroughly  inves- 
tigated and  brought  before  the  public.  That  this  fund  had 
been  received  from  the  United  States  ;  that  the  United  States 
had  discharged  its  duty  as  trustee  with  fidelity ;  that  this 
fund  had  been  sunk  and  lost — these  were  all  true  ;  and  ac- 
cording to  his  construction  of  the  Constitution  and  of  the 
duties  of  a  trustee,  he  considered  that  the  Government  was 
exonerated  from  any  further  responsibility  in  connection 
with  this  fund.  It  was  well  known  that  the  original  fund 
had  been  lost,  and  it  was  known,  too,  that  the  law  estab- 
lishing the  Smithsonian  Institution,  took  the  money  out  of 
the  Treasury  of  the  Government — out  of  the  people's 
pocket?  When  the  Smithsonian  Institution  was  founded, 
every  dollar  of  the  money  received  from  Mr.  Smith  son  was 
gone — not  a  dollar  of  it  was  available.  He  had  opposed  an 
institution  of  this  kind  being  established  with  funds  taken 
out  of  the  Treasury ;  not  that  he  was  opposed  to  an  institu- 
tion established  upon  the  Smithsonian  fund — not  that  he 
disapproved  of  the  object  of  the  donor;  but  he  was  opposed 
in  time  of  war,  when  we  were  incurring  a  very  heavy  pub- 
lic debt,  to  going  into  the  Treasury,  and  establishing  an 
institution  of  this  description,  at  an  expense  to  the  people 
of  some  five  or  six  hundred  thousand  dollars. 

Another  reason  was,  that  he  believed,  under  the  law 
itself,  the  money  had  been  improperly  withdrawn  from  the 
Treasury  of  the  United  States.  The  House  had  been  in- 
formed, by  the  able  and  eloquent  gentleman  from  Ala- 
bama, that  the  regents  had  withdrawn  money  from  the 
Treasury  to  the  amount  of  $242,000,  and  by  an  extraordi- 
nary process  of  financiering,  were  doubling  and  cornpound- 
ing'it.  They  had  been  informed,  also,  that  none  of  the 
principal  had  been  expended.  How  had  this  been  done  ? 
Why,  when  the  law  was  passed,  every  gentleman  here  at  all 
familiar  with  the  subject  knew  that  this  fund  was  gone — 


496  CONGRESSIONAL  PROCEEDINGS. 

that  not  one  dollar  of  it  was  left;  he  had  the  documents 
before  him  to  show  that  this  was  the  fact.  But  the  law 
placed  that  in  the  Treasury  which  was  not  there ;  it  was  a 
legal  fiction.  It  said  that  a  certain  amount  had  been  placed 
in  the  Treasury  in  1886,  and  had  remained  there  and  been 
drawing  interest  from  1836,  and  that  the  interest  on  that 
sum  (which  was  not  in  the  Treasury)  was  $242,000 ;  and 
this  amount  was  appropriated  to  the  erection  of  this  institu- 
tion, called  the  Smithsonian  Institution.  He  had  believed 
it  wrong ;  he  still  believed  it  so.  But  under  this  law,  how 
this  amount  of  money  had  been  drawn  out  of  the  Treasury 
he  had  never  been  able  to  ascertain.  He  was  in  hope,  now 
that  a  running  discussion  had  arisen  on  the  subject,  that 
they  would  be  informed  how  this  large  amount  of  money 
had  been  drawn  out  of  the  Treasury.  He  could  find  no 
authority  for  it  in  the  act  establishing  the  institution — no 
authority  for  drawing  out  of  the  Treasury  this  large  amount 
of  money,  and  placing  it  in  the  hands  of  their  secretary,  or 
at  interest,  or  making  any  other  disposition  of  it. 

The  reason  why  he  had  opposed  the  printing  of  this  re- 
port at  the  last  session,  and  proposed  the  appointment  of  a 
committee,  was,  that  there  were  rumors  about  the  city  in 
relation  to  the  contract  for  erecting  the  buildings;  it  "had 
been  charged  that  there  had  been  bribery  going ^on ;  cards 
had  been  published  that  there  was  maladministration  in  all 
these  matters;  that  there  was  corruption  in  the  very  incipi- 
ency  of  this  institution.  They  had  been  told  that-  the 
building  was  bad,  that  the  materials  furnished  were  perish- 
able, while  he  understood  it  was  the  design  of  the  donor  to 
have  it  made  fire-proof — a  substantial,  enduring  building. 
He  wanted  all  these  facts  ascertained.  Let  the  committee 
take  the  whole  matter  under  their  charge  and  report  the 
facts,  and  let  the  House  and  the  country  determine  whether 
it  was  all  right  or  not. 

He  referred,  as  another  objection,  to  the  question  of  the 
incompatibility,  under  the  Constitution,  of  the  same  indi- 
viduals holding  at  the  same  time  the  office  of  members  of 
Congress,  drawing  per  diem  and  mileage  as  such,  and  the 
office  of  Regents  of  this  institution,  drawing  also  mileage 
and  expenses  from  it — expenses  which,  when  they  came  to 
look  into  these  reports,  they  saw  were  extraordinary. 

The  gentleman  had  gravely  charged  that  he  had  mani- 
fested hostility  to  the  institution.  '  Suppose  he  had ;  sup- 
pose he  was  determined  to  oppose  it  in  every  mood  and 
tense ;  why,  if  the  institution  was  right— if  the  object  of 
the  individual  who  gave  the  money  was  being  carried  out— 


THIRTIETH    CONGRESS,    1847-49.  497 

iu  the  name  of  common  sense,  would  not  a  committee,  by 
their  investigation,  convince  the  House  and  the  country 
that  his  objections  were  not  not  well  founded,  if  such  was 
the  fact  ?  Would  not  such  investigation  put  the  institution 
and  the  regents  on  a  better,  a  more  enduring  foundation  ? 
Then  let  them  have  a  committee.  If  the  institution  was 
right — if  the  Regents  were  carrying  out  the  design  of  James 
Smithson,  let  it  be  ascertained  by  the  committee,  and  be 
published  to  the  House  and  the  country. 

Mr.  HILLIARD  resumed.  The  gentleman  now  said  he  had 
no  hostility  to  the  institution.  And  how  did  he  prove  it? 
Why,  he  said  they  had  put  a  fictitious  sum  into  the  Treas- 
ury, and  therefore  he  would  repeal  the  law,  and  replace  the 
money  in  the  Treasury.  It  was  well  known  that  this  Gov- 
ernment had  received  the  fund  from  the  trustees  of  James 
Smithson  as  a  sacred  trust.  The  Government  had  thought 
proper  to  loan  the  money  to  the  State  of  Arkansas,  he  be- 
lieved ;  the  money  had  been  squandered ;  and  now  the 
gentleman  from  Tennessee  was  opposed  to  the  use  of  a  sin- 
gle dollar  by  the  Smithsonian  Institution,  until  the  State  of 
Arkansas  was  made  to  refund  the  money !  Was  he  not 
opposed  to  the  institution  ?  and  was  not  the  very  object  of 
his  motion  to  uproot  the  whole  establishment,  on  the  ground 
that  the  Government  had  loaned  the  money  to  the  State  of 
Arkansas,  and  that  it  had  never  been  returned  ?  By  every 
moral,  by  every  equitable  consideration,  the  Government 
having  loaned  and  lost  the  money,  was  bound  to  make  good 
the  trust.  Therefore,  when  the"  Government  had  thought 
proper  to  make  the  establishment,  it  had  authorized  the 
Regents  in  proper  form  to  draw  the  money  bequeathed  by 
James  Smithson.  It  was  in  this  way  that  the  money  had 
been  taken.  And  because  they  had  thought  proper  to 
make  a  judicious  use  of  it  from  time  to  time,  they  were  ar- 
raigned'by  the  gentleman  as  having  squandered  the  funds. 
Let  him  agree  to  have  the  report  published,  and  he  would 
find  that  it  gave  a  full  account  of  what  they  had  done. 

But  the  gentleman  had  said  it  was  a  crisis.  It  had  been 
a  long  crisis.  Thank  Heaven  the  crisis  to  which  the  gen- 
tleman referred  had  passed  away.  The  gentleman's  allusion 
to  the  war  reminded  him  of  the  apology  always  offered  by 
the  steward  in  the  Bride  of  Larnmermoor,  who  always 
accounted  for  the  absence  of  articles  of  luxury  about  the 
castle  of  his  master,  on  the  ground  that  there  had  been  a 
great  fire  there ;  and  now  the  gentleman  would  put  down 
every  appropriation,  whether  for  new  objects,  or  to  maintain 
a  great  existing  establishment,  by  the  cry,  "  the  war,  the 
32 


498  CONGRESSIONAL    PROCEEDINGS. 

war."  He  thanked  heaven  the  war  was  at  an  end.  He 
thanked  heaven  peace  had  come  in  our  time;  and  he 
trusted  that  if  there  had  been  much  treasure  squandered  in 
war,  this  establishment,  so  sublime  in  its  design,  so  magnif- 


juperintendence  of  the  establishment  to  the  Board  of  lie- 
gents,  of  whom  three  were  members  of  the  House,  and 
three  members  of  the  Senate,  and  who  in  some  sense  con- 
stituted a  committee  of  Congress,  and  leave  to  them  to 
report  upon  the  state  of  its  affairs  from  time  to  time.  If 
their  fidelity  and  discretion  could  not  be  confided  in,  then 
we  had  fallen  on  evil  times.  But  he  would  not  oppose  the 
motion  ;  he  would  leave  it  to  the  judgment  of  the  House  to 
dispose  of. 

Mr.  TRUMAN  SMITH,  of  Conn.,  thought  this  proposition 
altogether  premature.  He  had  ottered  u  resolution  in  the 
ordinary  form — a  resolution  which  really  ought  to  have  been 
offered  early  last  week — for  the  adoption  of  the  ordinary 
rules  and  orders  of  the  House,  and  had  eonneeted  with  this 
a  proposition,  as  at  the  last  session  of  Congress,  to  raise  a 
committee  to  revise  and  report  upon  the  rules,  from  time  to 
time.  If  this  resolution,  as  offered,  should  pass,  then  they 
would  have  a  committee  upon  the  rules  and  orders  of  the 
House,  and  the  gentleman  from  Tennessee  could  then  offer 
his  proposition,  and  refer  it  to  that  committee,  who  would 
take  such  action  upon  it  as  they  might  deem  proper.  He 
was  now  very  apprehensive  that  there  was  to  be  no  end  to 
this  discussion,  and  no  end  to  their  efforts  to  amend  the 
rules,  if  they  were  to  favor  propositions  of  this  character  at 
all ;  and  he  desired  to  ask  of  the  chair  whether  it  was  com- 
petent for  him  to  move  the  previous  question  ? 

The  SPEAKER  replied  that  the  previous  question  might  be 
moved ;  but  the  question  on  the  amendment,  having  been 
first  moved,  must  be  first  put. 

Mr.  SMITH  inquired,  in  case  the  previous  question  was 
sustained,  if  it  did  not  cut  off  the  amendment  ? 

The  SPEAKER  said  the  previous  question  could  not  be  put 
until  after  the  question  was  taken  on  the  amendment ;  and 
-he  read  from  the  Manual  on  this  point. 

Mr.  SMITH.  If  the  previous  question  is  moved,  does  it 
stop  debate  on  this  proposition  ? 

The  SPEAKER  replied  in  the  negative  ;  but  said  he  would 
regard  the  previous  question  as  moved,  so  that,  when  this 
amendment  was  disposed  of,  no  other  could  be  moved,  and 


THIRTIETH    CONGRESS,    1847-49.  409 

then  no  debate  could  arise  except  upon  the  previous  ques- 
tion— the  previous  question  being  debatable  under  the  Par- 
liamentary law. 

Mr.  WHITE  inquired  in  case  this  resolution  was  adopted, 
if  it  did  not  place  all  the  bills  and  resolutions,  &c.,  on  the 
calendar  as  the}'  were  at  the  close  of  the  last  session— if  it 
did  not  leave  the  House  precisely  in  the  position  in  which 
they  were  at  the  close  of  the  last  session  ? 

The  SPEAKER  replied  in  the  affirmative. 

Mr.  WHITE  said,  then,  that  a  proposition  of  this  character 
had  been  referred  to  the  Committee  on  Rules,  and  remained 
unacted  on.  He  wished  to  know  whether  it  would  not  be 
•competent  to  reach  it  in  the  ordinary  way  ?  and  whether 
there  was,  therefore,  any  necessity  for 'the  adoption  of  the 
amendment  of  the  gentleman  from  Tennessee  ? 

Mr.  GEO.  P.  MARSH  said  he  did  not  rise  for  the  purpose  of 
impugning  or  defending  the  cDnduct  of  the  Board  of  Regents, 
or  even  for  the  purpose  of  entering  into  the  discussion  of 
the  merits  of  this  motion  ;  but  simply  that  it  might  not  be 
inferred  from  his  silence  that  any  member  of  the  Board  in 
this  House  was  opposed  to  the  adoption  of  the  resolution. 
On  the  contrary,  he  was  now,  and  had  been  from  the  time 
it  was  offered  at  the  last  session,  decidedly  in  favor  of  its 
adoption.  He  was  satisfied,  from  what  he  had  seen  of  the 
management  of  this  institution,  that  a  committee  such  as 
was  proposed  by  the  gentleman  from  Tennessee  would  serve 
as  a  most  wholesome  and  necessary  check  upon  the  proceed- 
ings of  this  institution.  He  believed  that  the  Board  of 
Regents  would  be,  and  ought  to  have  been  long  since,  made 
acquainted  with  its  direct  responsibility  to  the  power  which 
had  created  it. 

Mr.  R.  B.  RHETT,  of  8.  C.,  said,  for  the  reasons  which  the 
gentleman  from  Vermont  had  assigned,  he  trusted  a  commit- 
tee would  not  be  appointed.  He  wanted  no  such  direct  respon- 
sibility as  the  gentleman  had  spoken  of.  He  was  opposed  to 
any  connection  of  the  Government  with  this  institution  ;  and 
he  would  suggest  to  the  gentleman  from  Tennessee  that  his 
establishment  of  a  standing  committee  was  the  very  method 
of  all  others  which  was  to  give  permanency  to  this  institu- 
tion, and  attach  it  forever  to  the  Government.  The  only 
way  to  get  rid  of  it  was  to  let  all  the  money  be  paid  over  to 
these  gentlemen — the  Regents,  and  the  Government  cut 
themselves  loose  from  it  entirely.  He  was  opposed  to  any 
committee,  standing  or  otherwise,  which  set  up  a  congiv>- 
sional  supervision  over  the  Regents  of  this  institution,  or 
over  the  institution  itself.  He  hoped,  therefore,  unless  the 


500  CONGRESSIONAL    PROCEEDINGS. 

House  was  determined  to  carry  on  this  connection,  to  per- 
petuate it,  and  be  responsible  for  the  acts  of  this  institution, 
that  this  committee  would  not  be  appointed.  On  the  con- 
trary, if  the  Regents  thought  proper,  let  the  whole  money 
be  paid  over  to  them,  and  the  Government  be  cut  off  en- 
tirely from  all  responsibility  or  connection  with  it. 

Mr.  JOHNSON,  of  Arkansas,  said  he  would  take  the  liberty 
of  making  a  remark  here,  for  the  purpose  of  setting  himself 
and  the  State  which  he  had  the  honor  to  represent  in  some 
degree  right,  in  reference  to  this  Smithsonian  fund.  The 
gentleman  from  Alabama  had  said  that  the  State  of  Arkan- 
sas had  squandered  all  this  fund.  Now,  whether  it  was  any 
enjoyment  to  the  gentleman  to  assail  his  [Mr.  Johnson's] 
State- 
Mr.  MILLIARD  explained,  disclaiming  the  slightest  inten- 
tion to  assail  the  gentleman's  State,  and  saying  that  he  had 
merely  spoken  of  the  money  as  being  lost  or  squandered  by 
the  General  Government. 

Mr.  JOHNSON,  of  Ark.,  said  the  gentleman  ought  to  have 
been  aware  of  the  fact  that  he  might  wound  the  feelings  of 
some  persons  on  the  floor, in  his  rather  loose  and  general  style 
of  speaking.  He  had  heard  those  who  did  not  like  some  of 
the  Yankees,  damn  them  all  as  a  class.  He  never  thought 
they  did  exactly  right  to  damn  every  Yankee  [laughter]  be- 
cause they  disliked  some  few  whom  they  had  met.  T  lie  re 
were  some  very  clever  gentlemen  amongst  them;  he  wished 
there  were  as  good  elsewhere. 

Now,  he  wished  to  say  a  few  words  in  regard  to  this  State 
and  this  fund.  The  gentleman  had  said  the  whole  of  this 
Smithsonian  legacy  had  been  squandered  by  the  State  of 
Arkansas.  Squandered — how  ?  Did  the  gentleman  know 
anything  about  the  disposal  of  this  money  by  the  State  of 
Arkansas  ?  If  he  did,  he  knew  that  it  had  been  lost  by  the 
adoption,  by  that  State,  of  his  loved  system — the  banking 
system. 

He  wished  to  state,  in  order  that  his  State  might  stand 
free  from  any  unjust  charge  here,  that  there  was  not,  within 
the  limits  of  that  State,  and  never  had  been,  a  respectable 
party,  known  as  a  party,  who  would  repudiate  the  first  dol- 
lar of  the  debt  she  owed.  If  there  were  such  persons,  he 
could  only  pledge  himself,  as  an  humble  individual,  that  ae 
would  always  fight  them.  Small  as  she  was,  insignificant  as 
she  was,  there  was  no  man  within  her  limits  who  could  live 
a  political  life  for  one  day  and  espouse  such  a  doctrine. 
What  was  her  condition  ?  She  was  poor  ;  her  population, 
was  small;  the  taxes  upon  her  people  would  be  increased 


THIRTIETH    CONGRESS,    1847-49.  501 

beyond  human  endurance,  if  they  were  put  on  to  pay  this 
debt  at  once.  She  was  growing;  she  had  natural  resources, 
great  and  extensive ;  give  them  time  to  be  developed,  and 
she  would  pay  this  debt,  and  every  other  debt  she  owed. 
He  believed  it,  before  God. 

But  in  the  account  between  the  United  States  and  the 
State  of  Arkansas,  the  debt  was  not  altogether  on  the  side 
of  the  latter.  It  had  used  to  be  a  matter  of  jest  with  his 
predecessor — a  proud  and  honorable  man,  whose  post  he 
could  never  fill — that  whenever  the  United  States  would 
settle,  then,  Arkansas  would  settle  too.  '  There  was,  never- 
theless, a  great  deal  of  truth  in  this.  The  whole  per  cent- 
age  on  the  sales  of  the  public  lands,  which  belonged  to  that 
State,  had  been  reserved  by  the  Government — for  what? 
To  apply  towards  the  payment  of  this  Smithsonian  fund. 
What  the  amount  was,  he  did  not  know.  He  hoped  there 
would  be  enough  to  pay  the  interest;  he  would  like  it  if 
there  was  enough  to  pay  the  principal  too ;  there  might  not 
be  enough  for  either.  But  that  that  State  would  come  up 
to  the  mark,  and  fully  pay  all  her  debts,  both  principal  and 
interest,  whenever  she  was  able  to  do  so,  he  assured  the  gen- 
tleman from  Alabama,  and  the  country.  He  hoped  the 
gentleman  would  not  further  attack  the  State  in  general ; 
he  would  rather  he  would  attack  him.  He  did  hope  they 
would  hear  no  more  of  this  general  denunciation — as  far,  at 
least,  as  the  State  of  Arkansas  was  concerned.  [A  laugh.] 
He  did  not  care  if  the  gentleman  attacked  Alabama,  [re- 
newed laughter,]  or  any  other  State,  with  the  consent  of 
those  who  were  to  defend  her;  but  let  him  not  jump  upon 
his  State,  because  she  was  small !  Why,  gentlemen  of  mag- 
nanimity ought  to  be  ashamed  of  themselves  for  such  a 
course. 

He  was  against  this  amendment,  because  this  business  was 
already  placed  in  the  hands  of  honorable  men,  the  Regents 
of  the  Institution,  who  were  fully  competent  to  discharge 
the  duty  assigned  to  them  ;  and  furthermore,  because  they 
were  amply  severe  upon  the  State  of  Arkansas,  [a  laugh,] 
from  the  experience  he  had  had  with  them,  without  other 
men  being  added  to  them. 

Mr.  HILLIARD  rose  simply  for  the  purpose  of  disclaiming 
any  intention,  in  the  remarks  he  had  made,  to  assail  the 
State  of  Arkansas. 

Mr.  MclLVAiNE  rose,  and.  was  understood  to  intimate  raft 
desire  to  move  an  amendment.  But  it  was  not  now  in 
order. 

The  question  was  thereupon  taken  on  the  amendment  ot 


502  CONGRESSIONAL  PROCEEDINGS. 

Mr.  Johnson,  of  Tennessee,  and  was  decided  in  the  nega- 
tive. 

So  the  amendment  was  rejected. 

The  demand  for  the  previous  question  was  then  seconded 
and  the  main  question  was  ordered  to  he  put;  and,  under 
its  operation,  the  resolution  of  Mr.  Smith  was  adopted. 

The  joint  resolution  of  the  Senate  for  the  appointment  of 
Regents  in  the  Smithsonian  Institution  was  taken  up,  read 
three  times,  passed,  and  returned  to  the  Senate. 

HOUSE  OF  REPRESENTATIVES,  December  12,  1848. 

The  SPEAKER  announced  the  call  for  petitions  to  he  in 
order,  and  the  call  having  reached  the  State  of  Louisiana — 

Mr.  MORSE  observed  that  he  did  not  rise  to  present  a  peti- 
tion from  the  State  of  Louisiana,  but  to  a  privileged  ques- 
tion ;  and  he  asked  the  attention  of  the  House  tor  a  few 
moments.  It  was  to  the  reconsideration  of  the  vote  on  that 
part  of  the  resolution  for  the  adoption  of  the  rules  of  the 
House  which  rejected  the  application  for  a  commission  on 
the  Smithsonian  Institution.  He  thought,  without  entering 
into  any  argument  on  this  subject,  that  the  House  would 
see  the  propriety  of  appointing  a  committee,  in  order  to 
meet  the  views  expressed  by  the  gentleman  from  Vermont, 
[Mr.  Marsh,]  as  well  as  by  the  gentleman  from  South  Caro- 
lina, [Mr.  Rhett.]  And  he  had  no  doubt  that  those  of  their 
friends  on  this  side  of  the  House  who  desired  to  terminate 
all  connection  between  the  Government  and  this  institution, 
would  see  as  well  the  propriety  of  submitting  this  matter  to 
a  committee,  who  would  be  authorized,  without  further  in- 
struction, to  examine  and  see  whether  it  would  not  be  bet- 
ter, and  whether  it  would  not  be  carrying  out  the  trust 
which  the  Government  had  solemnly  accepted  from  the  late 
James  Smithson,  to  hand  over  all  the  moneys  which  had 
been  received  by  the  United  States  to  an  incorporated  body, 
who  should  have  the  sole  charge  of  the  funds  arising  from 
this  legacy.  Such  of  the  gentlemen  on  the  other  side  of 
the  House  as  thought  the  affairs  of  the  institution  would  be- 
better  managed  under  the  surveillance  of  a  committee, 
must  be  of  the  opinion  that  it  would  be  well  to  bring  to  the 
knowledge  of  the  House  the  true,  exact  state  of  that  insti- 
tution. It  was  true  a  very  elaborate,  a  very  able  report  had 
been  made  by  the  Regents ;  but  it  was  an  ex  parte  report,  so- 
far  as  the  interests  of  this  country  and  the  House  were  con- 
cerned. Let  a  committee  be  appointed,  of  capable  menr 
who  should  take  the  matter  into  consideration,  and  see- 
whether  the  ends  of  the  donor  would  be  best  carried  out  by 


THIRTIETH    CONGRESS,    1847-49.  503 

keeping  it  under  the  control  of  this  Government,  or  whether 
they  would  not  faithfully  discharge  their  trust,  after  having 
passed  a  law  for  the  erection  of  suitable  buildings,  by  dis^ 
embarrassing  the  Government  and  the  House  from  all  con- 
nection with  the  institution.  He  held  it  to  be  a  responsible 
duty  which  this  House  had  taken  upon  itself;  and  whatever 
might  have  been  the  opinion  of  gentlemen  on  this  side  of 
the  House  as  to  the  propriety  of  accepting  the  legacy,  it 
was  now  too  late  to  interpose  any  objections  on  that  score. 
The  two  Houses  of  Congress  were  under  solemn  obligation 
faithfully  to  discharge  the  duty  which,  as  the  trustees  of  the 
people  of  the  United  States  and  of  James  Smithson,  they 
had  undertaken ;  and  that  duty  could  only  be  discharged 
by  referring  the  matter  to  a  committee,  impartial  in  its 
character,  capable  of  examining,  who  should  report  the 
facts  to  this  House,  as  to  the  future  conduct  of  this  institu- 
tion. 

He  was  not  disposed  to  commit  himself  now  to  either  course, 
whether  he  should  be  in  favor  of  continuing  the  connection 
of  this  institution  with  the  Government  or  not;  or  whether 
he  could  see  his  way  clear  to  disembarrass  the  Government 
from  any  further  connection  with  it.  He  merely  threw  out 
the  suggestion,  that  if  a  committee  of  gentlemen  on  this 
floor  should  show  them,  should  indicate  clearly  that  this 
could  be  done,  then  he  apprehended  there  was  no  gentleman 
who  would  not  be  willing  to  leave  it  in  the  hands  of  the 
gentlemen  who  should  have  charge  of  this  institution.  The 
bill  which  established  this  Smithsonian  Institution  had 
passed  hastily,  without  having  undergone  the  surveillance 
of  any  committee.  It  was  true,  a  distinguished  gentleman 
had  made  an  elaborate  report  from  a  committee  appointed 
on  this  subject,  accompanied  by  a  bill ;  but  the  House 
would  recollect  that  that  report  was  rejected,  and  a  sub- 
stitute offered  by  a  gentleman  from  New  York,  [Mr. 
Plough,]  which  embodied  some  amendments  offered  by 
himself,  [Mr.  Morse,]  and  by  other  gentlemen,  was  passed, 
and  became  the  act  under  which  the  institution  \yas  at  pres- 
ent organized.  That  act  was  imperfect  in  itself.  His  ob- 
jection to  it  was,  that  so  far  as  this  House  at  least  was 
concerned,  it  was  very  little  discussed,  very  little  debated. 
He  held  that  Congress  could  not  be  true  to  its  trust,  unless 
once  in  a  year  or  two  (if  they  were  to  continue  the  manage- 
ment of  the  institution)  they  authorized  and  delegated  u  part 
of  their  body  to  examine  and  report  all  the  tacts  of  the 
case.  He  did  not  desire  to  take  a  position  either  with  his 
friend  from  Vermont  or  his  friend  from  South  Carolina; 


.504  CONGRESSIONAL    PROCEEDINGS. 

but  he  did  desire  that  this  House  and  the  country  at  large 
should  be  possessed  of  all  the  facts  in  relation  to  the  dis- 
bursement and  management  of  the  large  amount  of  money 
left  by  this  gentleman,  and  committed  to  them  as  trustees; 
and  the  committee  might  suggest  some  plan  better  calcu- 
lated to  carry  out  the  views  of  the  distinguished  donor, 
than  this  hasty,  imperfect  act  which  they  had  passed. 

With  these  views,  he  moved  a  reconsideration  of  the  vote 
by  which  the  amendment  of  the  gentleman  from  Tennessee 
[Mr.  Johnson]  was  rejected. 

The  SPEAKER  said  it  would  be  necessary  first  to  move  to 
reconsider  the  adoption  of  the  resolution,  and  announced 
the  question  accordingly. 

Mr.  POLLOCK  moved  to  lay  the  motion  to  reconsider  on 
the  table ;  which  was  agreed  to — yeas,  107,  nays,  76 ;  as 
follows : 

YEAS— Messrs.  Abbott,  Adams,  Ashmun,  Atkinson,  Barringer,  Bayley, 
Beale,  Belcher,  Blackmar,  Blanchard,  Botts,  Boydon,  Wm.  G.  Brown, 
Butler,  Canby,  Chapman,  Clingman,  Cocke,  Collamer,  Conger,  Cranston, 
Crowell,  Dickey,  Donnell,  Garnett  Duncan,  Dunn,  Eckert,  Alexander 
Evans,  Nathan  Evans,  Faran,  Farrelly,  Fisher,  Flournoy,  Fulton,  Gentry, 
Giddings,  Goggin,  Gott,  Green,  Greeley,  Gregory,  Grinnell,  Hale,  Willard 
P.  Hall,  Nathan  K.  Hall,  James  G.  Hampton,  Moses  Hampton,  Henry, 
Isaac  E.  Holmes,  Hubbard,  Hunt,  Charles  J.  Ingersoll,  Jenkins,  James  H. 
Johnson,  George  W.  Jones,  John  W.  Jones,  Daniel  P.  King,  William  T. 
Lawrence,  Leffler,  Ligon,  Lincoln,  Lumpkin,  Mcllvaine,  McKay,  Mr- 
Lane,  Marvin,  Morehead,  Mullin,  Murphy,  Nelson,  Nes,  Nicoll,  Outlaw, 
Peck,  Pollock,  Preston,  Putnam,  Rhett,  Julius  Rockwell,  John  A.  Rock- 
well, Rumsey,  St.  John,  Shepperd,  Sherrill,  Silvester,  Slingerland,  Caleb 
B.  Smith,  Truman  Smith,  Stanton,  Stephens,  Strohm,  Strong,  Tallmadge, 
Taylor,  Thibodeaux,  Thomas*,  James  Thompson,  R.  W.  Thompson,  Robert 
A.  Thompson,  Tompkins,  Van  Dyke,  Wallace,  Warren,  White,  Wick,  and 
Wilson— 107. 

NAYS — Messrs.  Bedinger,  Bingham,  Bocock,  Bowdon,  Brady,  Brod- 
head,  Charles  Brown,  Albert  G.  Brown,  Buckner,  Cathcart,  Clapp,  Frank- 
lin Clark,  Howell  Cobb,  Williamson  R.  W.  Cobb,  Crozier,  Cummins, 
Daniel,  Darling,  Dickinson,  Dixon,  Duer,  Edwards,  Embree,  Featherston, 
Ficklin,  Freed  ley,  French,  Fries,  Gaines,  Hammons,  Haralson,  Harris, 
Hill,  Elias  B.  Holmes,  Inge,  Irvin,  Iverson,  Kaufman,  Kellogg,  Kennon, 
Lahm,  La  Sere,  Sidney  Lawrence,  Levin,  Lord,  Lynde,  Maclay,  J->b 
Mann,  Marsh,  Miller,  Morris,  Morse,  Palfrey,  Peaslee,  Phelps,  Richard- 
son, Richey,  Robinson,  Rockhill,  Root,  Sawyer,  Smart,  Robert  Smith, 
Starkweather,  Charles  E.  Stuart,  Jacob  Thompson,  John  B.  Thompson, 
William  Thompson,  Thurston,  Tuck,  Venable,  Vinton,  Wentworth,  Wiley, 
Williams,  and  Woodward— 76. 

So  the  motion  to  reconsider  was  laid  on  the  table. 
HOUSE  OF  REPRESENTATIVES,  February  19,  1849. 

Mr.  HILLIARD,  by  unanimous  consent,  presented  a  report 
of  the  Board  of  Regents  of  the  Smithsonian  Institution, 
showing  the  operations,  expenditures,  and  condition  of  that 
Institution  to  the  present  time ;  which  report  was  laid  on 
the  table,  and  ordered  to  be  printed. 


THIRTY-FIRST    CONGRESS,    1849-51.  505' 

PROCEEDINGS  IN  THE  SENATE. 

SENATE,  April  15,  1850. 

The  bill  for  the  completion  of  the  Patent  Office  being 
under  consideration,  Mr.  DAVIS,  of  Mississippi,  said: 

Mr.  President :  What  the  wants  of  the  Patent  Office  are 
now  is  one  thing,  and  what  those  wants  will  be  in  a  few  years 
is  another,  and  an  entirely  different  thing.  Not  only  from 
the  report  of  the  last  Commissioner  of  Patents,  but  from 
inspection,  if  any  one  choose  to  make  it,  and  see  the  condi- 
tion of  things  in  that  department,  I  think  it  may  be  denied 
that  there  is  room  enough  in  the  present  building  for  the 
wants  of  the  department.  If  I  understand  the  report  of 
the  present  Commissioner  of  Patents  or  the  Secretary  of 
the  Interior,  the  argument  against  the  want  of  further 
room  by  the  Patent  Department,  is  based  upon  the  supposi- 
tion that  all  which  now  belongs  to  the  National  Institute, 
all  connected  with  the  exploring  expedition  which  now  fills 
the  museum  of  the  Patent  Office,  is  to  be  transferred  to 
the  Smithsonian  Institution.  That  seems  to  be  the  basis  of. 
the  conclusion.  Now,  sir,  I  wish  to  state  to  the  Senate  that 
Congress  has  no  power  to  impose  upon  that  institution  the 
duty  of  taking  charge  of  this  collection  of  the  exploring 
expedition — \ve  may  infer  from  their  act — nor  did  they  ever 
intend  to  do  so.  They  gave  to  that  institution  the  right  to 
take  all  such  curiosities  "brought  home  by  the  exploring  ex- 
pedition as  might  be  desired  for  that  institution,  and  I  will 
inform  the  Senate  that  it  is  not  the  intention  of  the  present 
Board  of  Regents  of  the  Smithsonian'  Institution  to  take 
charge  of  the  museum  of  the  Patent  Office,  and  the  room 
appropriated  to  these  curiosities  will  be  required  hereafter 
as  now. 

SENATE,  July  29,  1850. 

The  PRESIDENT  pro  tcmpore  laid  before  the  Senate  a  letter 
of  the  Secretary  of  the  Smithsonian  Institution,  transmitting 
the  annual  report  of  the  Board  of  Regents. 

On  motion  by  Mr.  Davis,  of  Mississippi, 

Ordered,  That  it  be  referred  to  the  Committee  on  Printing,  with  instruc- 
tions to  inquire  into  the  expediency  of  printing  five  thousand  additional 
copies  without  the  Appendix. 

SENATE,  July  30,  1850. 

Mr.  HAMLIN,  from  the  Committee  on  Printing,  reported 
in  favor  of  printing  the  Report  of  the  Smithsonian  Institu- 
tion, with  5,000  additional  copies  without  the  Appendix,  500 


506  CONGRESSIONAL    PROCEEDINGS. 

of  which  are  for  the  use  of  the  Smithsonian  Institution  ; 
which  report  was  agreed  to. 

SENATE,  December  10,  1850. 

Mr.  PEARCE  gave  notice  of  his  intention  to  ask  leave  to 
introduce  a  joint  resolution  providing  for  the  appointment 
of  Kegents  of  the  Smithsonian  Institution. 

SENATE,  December  11,  1850. 

Mr.  PEARCE,  in  pursuance  of  notice,  asked  and  obtained 
leave  to  introduce  a  joint  resolution  for  the  appointment  of 
Regents  of  the  Smithsonian  Institution  : 

Resolved,  $c.,  That  the  vacancy  in  the  Board  of  Regents  of  the  Smith- 
sonian Institution  of  the  class  "  other  than  members  of  Congress  "  be  filled 
by  the  reappointment  of  the  late  incumbents,  viz  :  Richard  Rush,  of  Penn- 
sylvania, and  Joseph  G.  Totten,  of  the  city  of  Washington. 

On  the  motion  of  Mr.  PEARCE,  the  joint  resolution  was 
read  a  second  time,  and  considered  as  in  Committee  of  the 
Whole.  Having  been  reported  to  the  Senate,  it  was  ordered 
to  be  engrossed  for  a  third  reading,  and  was  subsequently 
read  a  third  time  and  passed. 

SENATE,  January  9,  1851. 

Mr.  DAVIS,  of  Mississippi,  submitted  the  following  reso- 
lution : 

Resolved,  That  the  Committee  on  Printing  be  instructed  to  inquire  into 
the  propriety  of  printing  three  thousand  extra  copies  of  the  Appendix  to 
the  report  of  the  Regents  of  the  Smithsonian  Institution,  one  thousand  of 
which  to  be  for  the  benefit  of  the  Smithsonian  Institution. 

Mr.  DAVIS,  of  Mississippi.  Mr.  President,  when  I  made 
the  motion  to  print  extra  copies  of  the  report  of  the  Re- 
gents of  the  Smithsonian  Institution,  I  was  not  acquainted 
with  the  value  of  the  Appendix.  It  contains  valuable  sta- 
tistical and  other  information  respecting  the  libraries  of  the 
United  States,  and  it  is  believed  that  it  would  be  valuable 
and  desirable  to  the  country  at  large. 

The  resolution  was  agreed  to. 

SENATE,  January  23,  1851. 

Mr.  PEARCE.  I  have  a  memorial  from  the  Regents  of  the 
Smithsonian  Institution,  which  I  ask  to  be  referred  to  the 
Finance  Committee.  It  was  so  referred. 

The  memorial  is  as  follows  : 

To  the  Honorable,  the  Senate  and  House  of  Representatives,  in   Congress 

assembled  : 

GENTLEMEN  :  The  Board  of  Regents  of  the  Smithsonian 
Institution  have  directed  me  to  transmit  to  your  honorable 


THIRTY-FIRST    CONGRESS,    1849-51.  507 

body,  the  resolutions  appended  to  this  letter,  and  to  solicit 
the  passing  or  a  law,  in  accordance  therewith. 

It  is  known  to  your  honorable  body,  that  the  original  sum 
received  into  the  United  States  Treasury  from  the  Smith- 
sonian bequest,  was  a  little  more  than  $515,000,  and  that  at 
the  time  of  the  passage  of  the  act  incorporating  the  insti- 
tution, $242,000  had  accrued  in  interest,  which  sum  or  so 
much  of  it  as  might  be  deemed  necessary,  the  Regents  were 
authorized  to  appropriate  to  a  building,  It  is  also  known 
to  your  honorable  body,  that  the  act  of  incorporation  di- 
rected that  provision  should  be  made  for  the  establishment 
of  a  library  and  museum,  together  with  the  erection  of  a 
building  on  a  liberal  scale  to  contain  them. 

While  the  Regents  in  their  plan  of  organization  obeyed 
these  instructions,  they  also  by  virtue  of  the  power  invested 
in  them,  and  in  conformity  with  the  terms  of  the  bequest, 
adopted  additional  plans  for  the  more  immediate  promotion 
of  the  increase  and  diffusion  of  knowledge  among  men,  by 
means  of  researches,  publications,  lectures,  &c. 

In  order,  however,  to  carry  out  the  several  parts  of  this 
more  extended  plan,  it  was  found  absolutely  necessary  that 
the  annual  income  of  the  institution  should  be  increased. 
To  accomplish  this,  it  was  resolved,  instead  of  expending 
at  once  the  $242,000  on  a  building,  carefully  to  husband 
the  same  and  to  erect  the  building  in  the  course  of  several 
years,  in  part  out  of  the  proceeds  of  the  sum  before  meu- 
tioned,  and  in  part  out  of  such  portions  of  the  income  of 
the  original  fund  as  could  be  spared  from  the  ordinary 
operations  of  the  institution.  This  scheme  has  been  effect- 
ually carried  out,  and  the  Regents  now  ask  to  be  allowed  to 
place  in  the  Treasury  of  the  United  States  along  side  of 
the  original  bequest,  and  upon  the  same  terms,  never  to  be 
expended,  the  sum  of  $150,000  of  accrued  interest,  and  to 
be  allowed  to  add  to  this  from  time  to  time,  such  other 
sums  as  may  come  into  their  possession  by  donation  or 
otherwise,  until  it,  with  the  sums  thus  added  shall  amount 
to  $200,000,  making  in  all  a  principal  fund  of  a  little  more 
than  $715,000. 

After  this  deposit  of  $150,000,  the  Regents  will  still  have 
sufficient  money  on  hand  to  finish  the  whole  exterior  ot 
the  building,  and  such  portions  of  the  interior  in  addil 
to  those  now  completed,  as  may  be  wanted  for  several  years 
to  come,  they  then  propose  gradually  to  finish  the  remain- 
der in   such  portions  as  may  be  wanted  out  ot  the  an 
accruing  interest. 

The  sole  object  of  the  request  is  the  permanent  mvesl 


508  CONGRESSIONAL  PROCEEDINGS. 

merit  and  perpetual  security  of  the  accumulated  fund,  and 
when  your  honorahle  body  is  assured  that  the  organization 
and  operation  of  the  institution  have  received  the  approba- 
tion of  the  wise  and  good,  not  only  in  this  country,  but  in 
every  part  of  the  world  where  literature  and  science  are 
cultivated,  the  undersigned  trusts  that  the  request  will  he 
granted. 

And  your  petitioner  will  ever  pray,  &c. 

(Signed)  JOSEPH  HENRY, 

Secretary  of  the  Smithsonian  Institution. 

Resolution  of  the  Board  of  Regents  of  the  Smithsonian  Institution,  adopted  at 
their  meeting  of  June  1,  1850,  and  appended  to  the  foregoing  petition. 

Resolved,  That  it  is  expedient  to  enlarge  the  permanent  fund  of  the  in- 
stitution, by  the  investment  of  such  sums  not  exceeding  $200,000  as  may 
have  been,  or  shall  be  received  for  accrued  interest  or  otherwise,  in  addi- 
tion to  the  principal  sum  of  the  Smithsoniaft  bequest,  augmenting  the  prin- 
cipal sum  to  that  amount,  and  that  application  be  made  to  Congress  to 
receive  such  sums  not  exceeding  $'200,000  its  may  have  bt:«-n  or  shall  be  re- 
ceived for  accrued  interest  or  otherwise  into  the  United  States  Treasury 
upon  the  same  terms  on  which  the  original  bequest  has  been  received. 

Resolved,  That  the  Secretary  be  requested  to  communicate  u  copy  of  this 
resolution  to  Congress,  and  to  request  that  provision  be  made  by  law  in  ac- 
cordance therewith. 

SENATE,  January  28,  1851. 

Mr.  WALKER,  of  Wisconsin,  submitted  the  following 
resolution  ;  which  lies  over  one  day  under  the  rule  : 

Resolved,  That  the  Board  of  Regents  of  the  Smithsonian  Institution  be 
directed  to  inform  the  Senate  why  the  Cth  section  of  the  act  entitled  "  An 
act  to  establish  the  Smithsonian  Institution,  for  the  increase  and  diffusion 
of  knowledge  among  men,"  has  not  been  complied  with  by  making  suitable 
arrangements  for  the  reception  of  the  "objects  of  art,"  &c.,  named  in  said 
section. 

SENATE,  January  30,  1851. 

Mr.  EWING,  from  the  Committee  on  Finance,  to  which 
was  referred  the  memorial  of  the  Regents  of  the  Smithso- 
nian Institution,  reported  a  bill  supplementary  to  an  act 
passed  10th  August,  1846,  entitled  "  An  act  to  establish  the 
Smithsonian  Institution  for  the  increase  and  diffusion  of 
knowledge  among  men  ;"  which  was  read  and  passed  to  a 
second  reading. 

The  bill  is  as  follows  : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  so  much  of  the'  money  now 
in  the  hands  of  the  Regents  of  the  Smithsonian  Institution,  being  an  accu- 
mulation of  interest  on  the  principal  fund  that  accrued  prior  to' July  first, 
eighteen  hundred  and  forty-seven,  and  heretofore  set  apart  for  the  erection 
of  the  suitable  buildings  for  the  use  of  said  institution,  as  may  not  be  found 
necessary  for  the  completion  of  the  edifice  now  in  course  of  erection,  and 
all  such  further  sums  as  may  be  received  hereafter  from  the  estate  of  James 


THIRTY-FIRST    CONGRESS,    1849-51.  50D' 

Smithson,  shall  be  received  into  the  Treasury  of  the  United  States  on  iho 
same  terms  as  were  provided  for  the  original  principal  fund  by  the  second 
section  of  the  act  entitled  "  An  act  to  establish  th«  Smithsonian  Institution, 
for  the  increase  and  diffusion  of  knowledge  among  men,"  approved  August 
tenth,  eighteen  hundred  and  forty-six,  and  that  the  interest  thereon  at  the 
rate  of  six  per  centum  per  annum,  shall  in  like  manner  be  payable  half- 
yearly,  on  the  first  of  January  and  July  in  each  year,  from  and  after  the 
date  at  which  it  shall  be  received  into  the  Treasury  of  the  United  States, 
for  the  perpetual  maintenance  and  support  of  said  institution  :  Provided, 
That  the  sums  thus  to  be  received,  shall  not  exceed  the  amount  of  two 
hundred  thousand  dollars. 

The  Senate  proceeded  to  consider  the  following  resolu- 
tion, submitted  by  Mr.  Walker  on  the  28th  instant. 

Resolved,  That  the  Board  of  Regents  of  the  Smithsonian  Institution  be 
directed  to  inform  the  Senate  why  the  6th  section  of  the  act  entitled  "An 
act  to  establish  the  Smithsonian  Institution,  for  the  increase  and  diffusion 
of  knowledge  among  men,"  has  not  been  complied  with  by  making  suitable 
arrangements  for  the  reception  of  the  "  objects  of  art,"  &c.,  named  in  said 
section. 

Mr.  DAVIS,  of  Mississippi.  I  hope  that  the  resolution  will 
not  be  favorably  entertained  by  the  Senate.  The  Smithso- 
nian Institution  is  not  a  department  of  the  Government, 
and  I  hope  Congress  will  never  undertake  to  take  charge  of 
it.  This  is  a  call  upon  the  Board  of  Regents  to  explain  to 
us  something  in  connection  with  the  execution  of  their 
duty.  If  it  were  a  proper  and  a  well-founded  call,  I  should 
still  think  it  improper  for  Congress  to  interfere  with  the 
administration  of  a  fund  which  it  has  confided  to  a  Board 
of  Regents  not  entirely  formed  of  members  of  Congress, 
and  not  responsible  to  it.  An  examination  of  the  charter 
would  have  shown  the  Senator  who  introduced  the  resolu- 
tion that  there  was  no  obligation  on  the  Smithsonian  Insti- 
tution to  receive  the  museum,  which  I  suppose  is  the  matter 
referred  to,  but  that,  on  the  other  hand,  it  was  considered 
a  «rant  which  the  Government  was  willing  to  make  in  a 
friendly  spirit,  of  objects  of  art  and  curiosity,  whenever 
institution  should  appoint  some  person  to  receive  them. 
It  is  obligatory  to  deliver,  but  not  to  receive.  In  some 
other  countries  there  is  a  courtesy  between  the  king  and 
his  ministers,  that  a  minister  shall  never  refuse  a  present. 
In  Siain  whenever  the  king  wishes  to  crush  a  minister 
he  sends  him  the  present  of  an  elephant.  The  minister  run- 
not  refuse  the  present,  because  it  comes  from  the  tang,  b 
the  expense  of  keeping  the  present  Brushes  the  mm 


510  CONGRESSIONAL    PROCEEDINGS. 

of  its  donor — a  foreigner  who  gave  a  fund  for  a  special  ob- 
ject enumerated  in  his  will. 

If  it  were  in  the  power  of  this  Government  to  charge  the 
Smithsonian  Institution  with  the  keeping  of  this  museum. 
I  should  deem  it  more  than  improper  in  the  Government 
to  transfer  an  extensive  collection  which  it  holds,  and  fasten 
the  charge  of  maintaining  it  upon  the  fund  given  by  a  for- 
eigner for  the  increase  and  diffusion  of  knowledge  among 
men,  and  the  establishment  of  an  institution  for  that  pur- 
pose, to  be  located  at  the  city  of  Washington,  in  the  United 
States.  But  it  is  clearly  not  within  the  power  of  Congress 
to  charge  that  fund  with  the  keeping  up  of  any  establish- 
ment which  the  Government  may  choose  cither  to  create-, 
or  which  it  may  now  have  in  its  possession,  and  which  would 
pervert  the  trust  from  its  proper  use. 

If  the  Senator  had  examined  the  charter  he  would  have 
found  still  further  that  in  the  kindness  which  prevailed,  and 
the  anticipation  of  a  good  understanding  between  that  in- 
stitution and  Congress,  terms  so  general  were  employed, 
that  a  power  was  given  to  the  institution  to  strip  the  ro- 
tundo  of  the  paintings  which  now  adorn  it,  to  take  the 
models  from  the  Patent  Office,  not  merely  the  museum 
which  is  collected  as  the  result  of  exploring  expeditions, 
but,  everything  which  that  institution,  if  they  claim  the 
strict  letter  of  the  law,  might  choose  to  abstract  from  the 
various  departments  of  the  Government.  But,  without 
going  into  this  question,  I  wish  to  call  the  attention  of  the 
Senate  to  the  fact  that  here  is  an  institution  founded  by  the 
bequest  of  a  foreigner,  of  which  bequest  the  United  States, 
properly  or  improperly,  I  will  not  now  stop  to  consider, 
have  taken  charge  as  trustee,  and  to  administer  which  fund 
they  have  organized  a  Board  of  Regents.  Its  active  opera- 
tions have  already  been  incumbered  by  the  Congress  of  the 
United  States  requiring  them  to  erect  an  expensive  build- 
ing, with  apartments  for  a  museum  and  gallciy  of  art, 
Now  it  is  proposed  to  incumber  them  still  further,  by  charg- 
ing them  with  keeping  a  large  museum  of  the  United 
States,  with  which  that  institution  has  no  proper  connec- 
tion. It  is  no  part  of  the  general  plan  of  that  institution 
to  collect  a  large  museum.  "The  object  is,  according  to  the 
will  of  the  founder,  to  increase  and  diffuse  knowledge 
among  men.  They,  therefore,  only  wish  to  collect  those 
things  which  are  not  to  be  found  in  the  other  museums  of 
the  country.  They  only  wish  to  explore  fields  which  have 
not  been  trodden  before. 

The  object  of  the  Senator  from  Wisconsin— the  effect  of 


THIRTY-FIRST    CONGRESS,    1849-51.  511 

liis  construction  if  sustained — is  to  cripple  that  fund  in  the 
very  object  for  which  it  was  given,  and  encumber  it  with 
the  keeping  of  a  great  collection  of  art  which  now  belongs 
to  the  United  States.  I  do  hope  that  the  Senate  will  reject 
the  resolution. 

Mr.  PEARCE.  Mr.  President,  after  what  has  been  said  by 
the  Senator  from  Mississippi  it  would  be  unnecessary  to  say 
anything  more.     But  I  wish  to  state  two  considerations, 
which  I  trust  will  be  sufficient  to  induce  the  Senate  not  to 
adopt  the  resolution.     In  the  first  place,  the  resolution  as- 
sumes  that  the  Board  of  Regents  of  the  Smithsonian  Insti- 
tution have  neglected  their  duty.     I  think  it  can  very  easily 
be  shown  that  they  have  not  "neglected  this  or  any  other 
duty  imposed  upon  them.     In  the  next  place,  all  the  infor- 
mation which  the  Senate  can  possibly  derive  from  any  com- 
munication the  Board  of  Regents  might  make  in  answer  to 
such  a  call  is  already  in  the  possession  of  the  Senate.     The 
last  annual  report  of  the  Board  of  Regents  has  been  laid 
before  the  Senate  and  printed.     That  report  explains  fully 
their  system  of  operations  from  the  time  of  their  organiza- 
tion.     It   sets  forth   the    scheme  of   finance   which   they 
adopted,  and  in  pursuance  of  that  scheme  of  finance,  the 
enlargement  of  the  principal  fund,  which  was  rather  small, 
for  the  great  objects  of  the  institution.     They  propose  to 
extend  the  erection  of  the  building  over  a  series  of  years 
instead  of  completing  it  at  once  by  the  whole  sum  which 
the  act  of  Congress  authorized  them  to  apply  for  that  pur- 
pose.    They  have  erected  the  building  slowly,  so  as  to  ap- 
ply the  accruing  interest  to  the  enlargement  of  the  fund 
and  the  increase  of  the  general  endowment  of  the  institu- 
tion.    The  plan  of  the  building  under  which  it  is  now  being 
erected  is  precisely  that  which  was  adopted  in  the  first  in- 
stance by  the  Board  of  Regents,  and  which,  if  it  be  com- 
pleted, will,  if  Congress  choose  to  compel  the  institution  to 
.accept  of  this  donation,  enable  them  to  accommodate  this 
museum.     The  central  building  will  accommodate  the  li- 
brary which  it  is  proposed  the  institution  shall  have,  and 
also  the  museum  of  art.     The  upper  story  of  the  central 
building  is  designed  for  the  museum  of  art,  where  the  col- 
lections now  in  the  Patent  Office  can  be  placed  if  Congress 
insist  upon  it.     They  have,  therefore,  neglected  no  duty ; 
they  have  done  their  duty  properly,  judiciously,  economi- 
cally, faithfully.     I  suppose  no  one  will  charge  them  with  a 
dereliction  of  duty,  because   they  have   endeavored  to  in- 
•crease  the  principal  fund,  with  the  view  of  having  the  insti- 


512  CONGEESSIONAL    PROCEEDINGS. 

tuition  better  enabled  to  carry  out  the  great  and  noble  pur- 
poses of  its  founder. 

We  have,  therefore,  all  the  information  which  we  can: 
desire,  and  I  see  no  necessity  for  the  resolution  of  the  Sena- 
tor. I  would  mention  that  in  the  last  annual  report  there 
is  a  distinct  expression  of  the  will  of  the  Board  of  Regents 
that  they  should  not  be  compelled  to  accept  of  this  dona- 
tion, and  their  belief  that,  under  the  law  as  it  now  is,  they 
cannot  be  compelled  to  accept  it,  and  that  it  would  be  a 
present  which  would  be  very  expensive  to  them  and  take 
from  their  funds  that  which  might  be  used  for  much  more 
useful  purposes. 

Mr.  FOOTE.  I  rise  simply  for  the  purpose  of  moving  to 
lay  the  resolution  on  the  table.  I  am  sure  my  friend  from 
Wisconsin  will  feel  satisfied,  after  the  explanation  which 
has  been  given,  that  no  good  can  result  to  the  country  by 
further  pressing  this  resolution.  With  the  view  of  avoid- 
ing any  further  debate,  unless  the  Senator  from  Wisconsin 
wishes  to  be  heard  on  his  resolution,  and  inasmuch  as  the 
time  has  arrived  for  the  consideration  of  the  special  order, 
I  shall  move  to  lay  this  resolution  on  the  table.  If  my  friend 
from  Wisconsin  will  promise  to  make  a  very  short  speech, 
and  then  make  the  motion,  however,  I  will  withdraw  it ; 
but  otherwise  I  cannot. 

Mr.  WALKER.  I  wish  to  say  a  few  words,  but  do  not  wish 
to  promise  to  make  any  such  motion. 

Mr.  FOOTE.  Then  I  must  insist  upon  the  motion. 

Mr.  WALKER.  I  ask,  is  this  fair  ? 

Mr.  FOOTE.  It  is  perfectly  courteous.  I  may  be  allowed 
to  say  that  I  wish  to  proceed  with  the  discussion  of  another 
important  question,  and  that  is  the  reason  I  make  the  mo- 
tion, but  which  I  will  withdraw  provided  the  Senator  will 
renew  it. 

Mr.  WALKER.  I  will  make  the  motion,  but  not  vote  for  it. 

Mr.  FOOTE.  Then  I  withdraw  my  motion. 

Mr.  WALKER.  I  should  not  perhaps  have  said  anything 
on  this  resolution  had  it  not  been  for  an  observation  which 
fell  from  the  Senator  from  Mississippi,  [Mr.  Davis.]  He 
attributed  to  me  in  emphatic  terms  an  object,  which  was  to 
cripple  the  fund,  as  he  said,  by  imposing  upon  it  the  bur- 
den of  this  museum. 

Mr.  DAVIS,  of  Mississippi.  I  did  not  intend  to  charge 
the  Senator  from  Wisconsin  with  any  improper  motive.  "l 
merely  stated  what  the  effect  of  the  proposition  would  be. 
But  I  did  not  believe  that  the  Senator  from  Wisconsin  un- 
invited would  have  directed  his  attention  to  this  subject.  I 


THIRTY-FIRST    CONGRESS,    1849-51.  513 

take  it  for  granted  that  some  one  suggested  the  resolution 
to  him. 

Mr.  WALKER.  In  that  the  Senator  is  altogether  mistaken. 
I  have  heard  the  subject  spoken  of  in  a  great  many  quarters, 
but  my  own  mind  suggested  to  me  the  course  I  have  taken 
here  and  elsewhere.  I  think  I  can  appeal  to  the  Senate  that 
I  generally  introduce  my  own  thoughts,  and  a  great  many 
of  them,  in  opposition  to  what  seems  to  be  the  mind  of  the 
Senate.  I  shall  always  act  on  the  suggestions  of  my  own 
mind  when  right  and  justice  requires  me  to  do  so. 

Both  the  Senator  from  Mississippi,  and  the  Senator  from 
Maryland  are  altogether  mistaken  in  what  I  intended  by  the 
resolution.  I  have  partly  accomplished  what  I  intended.  I 
wished  information  from  the  Senator  from  Mississippi  and 
the  Senator  from  Maryland,  whom  I  well  .knew  were  more 
familiar  with  the  subject  than  I  was,  and  ought  to  be  so,  for 
they  are,  I  believe,  both  regents  of  the  institution.  My  ob- 
ject was,  to  call  out  information  on  the  subject.  On  looking 
to  the  sixth  section  of  the  act,  approved  August  10th,  1816, 
which  was  the  act  establishing  the  Smithsonian  Institution, 
I  was  really  at  some  loss  to  determine  what  it  meant,  and  I 
am  anxious  to  get  views  of  the  Board  of  Regents  upon  that 
point.  That  section  is. this: 

SEC.  6.  And  be  it  further  enacted,  That,  in  proportion  as  suitable  arrange- 
ments can  be  made  for  their  reception,  all  objects  of  art  and  of  foreign 
and  curious  research,  and  all  objects  of  natural  history,  plants,  and  geolog- 
ical and  mineralogical  specimens  belonging,  or  hereafter  to  belong,  to  the 
United  States,  which  may  be  in  the  city  of  Washington,  in  whosesoever 
custody  the  same  may  be,  shall  be  delivered  to  such  persons  as  may  be 
authorized  by  the  Board  of  Regents  to  receive  them,  and  shall  be  arranged 
in  such  order,  and  so  classed,  as  best  to  facilitate  the  examination  and  study 
of  them,  in  the  building  so  as  aforesaid  to  be  erected  for  the  Institution  ; 
and  the  Regents  of  said  Institution  shall  afterwards,  as  new  specimens  i 
natural  history,  geology,  or  mineralogy,  may  be  obtained  for  the  museum 
of  the  Institution  by  exchanges  of  duplicate  specimens  belonging  to  the 
Institution,  (which  they  are  hereby  authorized  to  make,)  or  by  dona 
which  they  may  receive,  or  otherwise,  cause  sutfh  new  specimens  to  be  also 
appropriately  classed  and  arranged.  And  the  minerals,  oooks,  manuscripts, 
and  other  property  of  James  Smithson,  which  have  been  received  by  to 
Government  of  the  United  States,  and  are  now  placed  in  the  Departme 
State,  shall  be  removed  to  said  Institution,  and  shall  be  preserved  separate 
and  apart  from  the  other  property  of  the  Institution. 

I  was  in  doubt  as  to  the  meaning  of  this  section   and  it 
seems  to  me  that  almost  everybody  would  be  in  doubt  as  to 
the  meaning  of  Congress  in  its  passage.     A  portion  of  i 
looks  as  though  this  was  a  gratuity,  and   another   portioi 
looks  as  though  it  imposed  an  obligation   on  the  institu- 
tion to   provide  for  and  receive  those   articles   which   an 
mentioned. 


514  CONGRESSIONAL    PROCEEDINGS. 

Then,  looking  at  the  interests  of  the  Patent  Office,  I  come 
to  this  conclusion,  that  if  it  was  proper  and  right  that  the 
Smithsonian  Institution  should  take  charge  of  these  things 
and  relieve  the  Patent  Office,  they  should  certainly  do  it. 
If  any  one  will  go  to  the  Patent  Office,  and  observe  the  man- 
mer  in  which  models  are  kept,  he  will  be  .satisfied  that  the 
exhibition  room  of  that  office  ought  to  be  clear,  and  the 
models  to  be  exhibited  there.  At  present  the  exhibition 
room  of  the  Patent  Office  is  occupied  by  this  cabinet  of 
curiosities.  Models  are  crowded  into  places  never  in- 
tended for  them,  and  look  more  like  a  series  of  brush 
heaps  than  anything  else.  A  person  can  scarcely  get 
one  that  is  not  broken  ;  one  can  be  scarcely  got  out  of  the 
cases  where  they  are  deposited.  This  is  an  improper  mode 
of  keeping  the  models  of  the  inventors  of  the  country. 
Something  should  be  done  to  remedy  this  evil.  I  think 
the  patent  fund  should  be  appropriated  to  the  use  of  the 
Patent  Office,  and  not  to  the  relief  of  the  other  depart- 
ments of  the  Government,  I  hope  that  the  enlargement 
of  the  Patent  Office  building,  which  has  IK-OH  paid  for 
by  the  patent  fund,  will  not  be  used  for  the  convenience  and 
accommodation  of  other  .Departments.  What  says  the  Sec- 
retary of  the  Interior?  In  his  last  annual  report,  after 
enumerating  various  bureaus  of  his  Department  which  need 
additional  accommodations,  he  says  : 

"  I  therefore  recommend  that  the  two  wings  of  the  Patent  Office  be  fin- 
ished, and  that  they  be  appropriated  to  the  accommodation  of  the  Depart- 
ment of  the  Interior,  and  the  different  offices  thereto  attached.  They  will 
thus  be  brought  under  one  roof,  the  communication  between  the  head  of 
the  department  and  the  different  bureaus  will  be  greatly  facilitated,  and 
the  records  of  the  government 'safely  lodged  in  a  fire-proof  building. 

I  had  hoped  when  I  saw  $216,468  taken  from  the  patent 
fund  for  a  beautiful  palace,  that  the  models  of  the  inventions 
and  the  inventors  and  mechanics  of  the  country  would  re- 
ceive some  benefit  from  it ;  but  I  see  it  is  utterly  hopeless, 
seeing  this  recommendation  of  the  Secretary  of  the  Interior, 
arid  the  wreck  that  is  taking  place  in  the  Patent  Office  of 
the  models  and  inventions  of  the  country. 

The  Senator  from  Mississippi  and  the  Senator  from  Mary- 
land have  given  me  some  information  on  the  subject  of  the 
resolution.  Arid  now  I  would  say  to  those  gentlemen,  both 
as  Senators  and  Regents  of  the  Institution,  that  I  entertain 
not  the  least  unkind  feelings  toward  the  Smithsonian  Insti- 
tution. On  the  contrary,  I  would  be  willing  to  do  anything 
reasonable  that  is  within  my  power  to  facilitate  its  great  ob- 
ject, and  the  benefits  which  the  country  expects  to  derive 


THIRTY-FIRET   CONGRESS,    1849-51.  515 

from  it ;  but,  at  the  same  time  I  am  unwilling  to  bestow  bene- 
fits on  that  institution  at  the  sacrifice  of  the  old  and  greater 
interests  of  the  patentees  and  the  Patent  Office. &  With 
these  feelings  I  think  there  was  no  impropriety  in  offering 
the  resolution. 

If  the  Smithsonian  Institution  is  not  to  take  charge  of 
these  curiosities,  it  seems  to  me  that  something  should  be 
done  to  relieve  the  Patent  Office  from  its  present  ernbarras- 
ing  condition  in  relation  to  the  exhibition  of  its  models.  I 
think  the  patent  fund,  the  fund  contributed  by  the  mechan- 
ics and  inventors  of  the  country,  ought  to  be  used  solely 
for  the  benefit  of  the  Patent  Office,  and  not  for  any  other 
department  of  the  Government  unconnected  with  that  fund 
or  its  interests. 

According  to  my  promise,  I  now  move  to  lay  the  resolu- 
tion on  the  table,  although  I  shall  vote  against  the  motion, 
and  hope  it  will  not  prevail. 

Mr.  DAVIS,  of  Mississippi.  Will  the  Senator  withdraw 
the  motion  ? 

Mr.  WALKER.     Certainly. 

Mr.  DAVIS,  of  Mississippi.  I  shall  consume  but  very  lit- 
tle time.  Having  made  as  much  explanation  as  I  thought 
was  due  to  the  occasion  in  relation  to  the  supposition  by  the 
Senator  from  Wisconsin  of  a  personal  or  offensive  applica- 
tion of  what  I  said,  I  have  nothing  more  to  say  on  that 
point. 

Tlie  object  of  the  Senator,  as  directed  to  the  benefit  of  the 
inventors  of  the  country  by  providing  a  proper  room  for 
the  exhibition  of  the  models  of  their  inventions,  is  one  in 
which  I  very  cordially  sympathise.  The  Committee  on 
Public  Buildings  have  already  that  subject  somewhat  under 
consideration.  I  know  quite  well  that  the  models  in  the 
Patent  Office  are  in  such  a  confused  condition  as  not  to  com- 
ply with  the  terms  of  the  law.  The  great  gallery  intended 
for  the  exhibition  of  models  is  now  occupied  by  the  museum 
which  has  been  referred  to.  The  present  building,  how- 
ever, was  built  by  money  drawn  from  the  United  States 
Treasury,  and  may  be  occupied  for  that  purpose.  The  wing 
which  is  being  added  and  built  out  of  the  patent  fund, 
is  clearly  a  building  which  should  be  for  the  use  of  the  Pat- 
ent Office,  and  I  hope  it  will  not  be  transferred  to  any  other 
use.  I  sympathise  with  the  object  of  the  Senator  in  giving 
proper  accommodations  to  the  models  in  the  Patent  Office, 
and  reserving  for  the  use  of  that  office  the  building  which 
is  being  erected  out  of  the  patent  fund.  So  far  we  go  to- 
gether. 


516  CONGRESSIONAL    PROCEEDINGS. 

I  take  it  for  granted,  from  the  object  of  the  Smithsonian 
Institution,  and  from  the  plan  on  which  its  operations  have 
been  commenced  and  will  be  conducted,  that  it  will  never 
want  such  a  museum  as  that  in  the  Patent  Office ;  still  less 
will  it  want  the  garden  of  plants  which  has  been  collected 
by  the  exploring  expedition.  I  suppose  it  would  cost  the 
institution  not  less  than  $10,000  a  year  to  support  such 
an  establishment;  and  if  it  were  transferred,  Congress, 
I  think,  would  be  bound  to  endow  the  institution  with 
$10,000  a  year  additional.  I  think  it  is  quite  appropriate  to 
keep  these  natural  curiosities  in  the  Patent  Office.  They 
may  aid  inventive  genius.  Vegetable  growth  and  animal 
action  are  elements  upon  which  mechanical  invention  rests. 
There  would  therefore  seem  to  be  something  appropriate  in 
lodging  them  in  the  Patent  Office.  If  they  are  not  to  be 
kept  there,  let  the  Government  provide  a  room  elsewhere, 
get  rid  of  them,  destroy  them,  or  give  them  to  somcbod}' 
that  will  take  them.  But  let  not  the  Government  coerce  a 
fund,  of  which  it  was  the  chosen  trustee,  which  was  granted 
by  a  foreigner  for  a  special  purpose,  with  the  charge  of 
keeping  this  collection. 

Mr.  BADGER.     I  move  to  lay  the  resolution  on  the  table. 

The  motion  was  agreed  to,  and  the  resolution  was  ordered 
to  lie  on  the  table. 

SENATE,  March  1,  1851. 

The  President  of  the  Senate  laid  before  the  body,  a  letter 
from  the  Secretary  of  the  Smithsonian  Institution,  commu- 
nicating the  annual  report  of  the  Board  of  Regents  of  said 
Institution ;  which  was  read  and  ordered  to  lie  on  the  table. 

On  motion  by  Mr.  PEARCE  that  it  be  printed,  and  that 
2,000  extra  copies  thereof  be  printed,  the  motion  was  re- 
ferred to  the  Committee  on  Printing. 

SENATE,  March  5,  1851. 

On  motion  of  Mr.  PEARCE  the  President  of  the  Senate 
was  authorized  to  till  the  vacancy  in  the  Board  of  Regents 
of  the  Smithsonian  Institution  occasioned  by  the  expiration 
on  the  3d  day  of  March,  1851,  of  the  term  of  the  Hoiu 
Jefferson  Davis. 

SENATE,  March  6,  1851. 

On  motion  of  Mr.  PEARCE,  the  President  of  the  Senate 
was  authorized  to  fill  the  vacancy  in  the  Board  of  Regents 
occasioned  by  the  expiration  of  the  term  of  service  of  the- 
Jion.  James  M.  Mason. 


THIRTY-FIRST   CONGRESS,    1849-51.  517 

The  President  re-appointed  the  Hon.  Jefferson  Davis  and 
the  Hon.  James  M.  Mason,  as  Regents  of  the  Smithsonian 
Institution. 

SENATE,  March  7,  1851. 

On  motion  by  Mr.  BORLAND,  the  report  of  the  Board  of 
Hegents  of  the  Smithsonian  Institution  was  ordered  to  be 
printed. 

Mr.  BORLAND.  I  now  move  that  three  thousand  extra 
copies  of  that  report  be  printed. 

Mr.  BRADBURY.  I  hope  we  will  let  the  matter  of  printing 
documents  lie  over  until  we  meet  for  the  transaction  of  or- 
dinary legislative  business ;  and  not  undertake  enterprises 
of  this  kind  at  this  time. 

Mr.  DAVIS,  of  Mississippi.  I  cannot  see  how  the  printing 
of  a  report  made  to  Congress  can  properly  be  termed  an 
enterprise. 

Mr.  RHETT.  Who  is  to  print  it  ? 

Mr.  DAVIS,  of  Mississippi.     The  public  printer. 

Mr.  RHETT.  He  says  he  cannot  do  it. 

Mr.  BORLAND.  That  is  the  old  contractor.  This  goes  to 
the  new  contractor. 

Mr.  DAVIS,  of  Mississippi.'  I  was  surprised  to  hear  the 
few  remarks  which  were  made  on  this  question.  Surely 
Senators  forget  that  the  United  States  have  accepted  the 
bequest  made  by  a  foreigner  to  found  an  institution  at 
Washington,  and  that  Congress  have  organized  a  Board  of 
Regents,  and  given  them  the  charge  of  the  fund  so  left  to 
the  United  States  for  the  benefit  of  mankind ;  and  this  is 
the  report  of  the  board  so  constituted  by  Congress.  If 
there  be  anything  more  than  another  which  we  should  cir- 
culate freely  throughout  the  United  States,  it  is  the  knowl- 
edge of  the  manner  in  which  we  discharge  this  holy  trust 
which  we  have  taken  upon  ourselves.  The  report  of  the 
Board  of  Regents  of  the  Smithsonian  Institution  is  made  to 
Congress  by  authority  as  high  as  the  report  of  any  commit- 
tee of  Congress.  If  it  be  said  that  you  ought  not  to  print 
extra  copies  of  this,  to  that  I  would  reply  that  a  report 
made  by  a  committee  of  Congress  is  for  the  action  of  Con- 
gress, and  it  would  be  questionable  whether  the  Senate 
should  print  extra  copies  of  a  report  of  one  of  its  commit- 
tees ;  but  it  is  clear  that  if  you  have  authority  to  print  for 
circulation  and  distribution  at  all,  it  belongs  to  such  a 
document  as  this,  relating  to  a  trust-fund  bequeathed  to  the 
United  States,  taken  charge  of  by  the  United  States,  and 
which  we  are  now  administering  'through  a  Board  of  Re- 


518  CONGRESSIONAL    PROCEEDINGS. 

gents.  As  to  the  value  of  the  information,  I  will  express 
no  opinion. 

Mr.  RHETT.  I  would  ask  my  friend  from  Mississippi  why 
the  Smithsonian  Institution  itself  does  not  print  its  own 
proceedings  ? 

Mr.  DAVIS,  of  Mississippi.  I  said,  I  think,  that  this  was 
a  report  to  Congress.  The  Smithsonian  Institution  does 
print  its  contributions  to  knowledge,  and  does  attend  to 
their  diffusion  among  men.  This,  however,  is  not  a  contri- 
bution to  human  knowledge,  but  is  a  report  to  Congress  of 
the  manner  in  which  the  Board  of  Regents  executed  the 
trust  confided  to  them. 

Mr.  PEARCE.  I  beg  leave  simply  to  add,  that  the  law  or- 
ganizing the  Smithsonian  Institution  compels  the  Board  of 
Regents  to  make  this  annual  report  to  Congress. 

Mr.  MASON.  I  move  to  amend  the  motion  so  as  to  provide 
that  one  thousand  copies  shall  be  printed  for  the  institution. 

Mr.  NORRIS.  Is  this  the  report  of  a  committee  - '.' 

Mr.  BORLAND.  It  is  the  report  of  the  Board  of  Regents 
of  the  Smithsonian  Institution;  the  question  of  printing  it 
was  referred  to  the  Committee  on  Printing;  the  committee 
were  in  favor  of  the  proposition,  but  could  not  make  u 
report.  It  has  been  ordered  to  be  printed  ;  and  the  propo- 
sition now  is  to  print  three  thousand  extra  copies. 

Mr.  NORRIS.  Does  it  come  from  the  Committee  on  Print- 
ing? 

Mr.  BORLAND.  It  does. 

The  amendment  was  agreed  to. 


PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  January  7,  1850. 

The  Speaker  appointed  Mr.  Henry  W.  Ililliard  of  Ala- 
bama, Mr.  W.  F.  Colcock  of  South  Carolina,  and  Mr.  G. 
N.  Fitch  of  Indiana,  on  the  part  of  the  House,  as  the  Re- 
gents of  the  Smithsonian  Institution. 

HOUSE  OF  REPRESENTATIVES,  July  23,  1850. 

_  Mr.  HILLIARD  requested  the  gentleman  from  Pennsylva- 
nia (Mr.  Thompson)  to  waive  his  motion  for  the  regular 
order  of  business,  so  as  to  enable  him  (Mr.  Ililliard)  to  pre- 
sent the  annual  report  of  the  Board  of  Regents  of  the 
Smithsonian  Institution.  His  object  was  simply  to  present 
the  report,  that  it  might  be  laid  upon  the  table  and  printed.. 


THIRTY-FIRST   CONGRESS,    1849-51.  519 

Mr.  THOMPSON,  of  Pennsylvania,  insisted  on  the  regular 
order  of  business. 

The  SPEAKER  stated  to  the  gentleman  from  Alabama,  (Mr. 
Billiard,)  that  the  report  could  only  be  introduced  by  unan- 
imous consent.  The  regular  order  of  business  was  insisted 
upon,  and  objections  were  made  in  several  quarters. 

The  report,  therefore,  was  not  presented. 

HOUSE  OF  REPRESENTATIVES,  July  25,  1850. 

The  SPEAKER  laid  before  the  House  a  communication 
from  the  Secretary  of  the  Smithsonian  Institution,  trans- 
mitting the  annual  report  of  the  Board  of  Regents  of  the 
Smithsonian  Institution  ;  which  letter  and  report  were  laid 
upon  the  table,  and  ordered  to  be  printed. 

HOUSE  OF  REPRESENTATIVES,  December  18,  1850. 

Mr.  FITCH  said  there  was  upon  the  Speaker's  table  a  joint 
resolution  from  the  Senate  providing  for  the  appointment 
of  Regents  for  the  Smithsonian  Institution  whose  term  of 
service  had  expired.  He  hoped  the  House  would  take  up 
and  consider  the  resolution,  as  it  would  occupy  but  a  few 
minutes.  It  was  absolutely  necessary  that  it  should  be 
passed,  for  the  reason  that  the  Board  of  Regents  was  not 
full  and  no  business  could  be  transacted  by  the  Board  until 
the  vacancies  should  have  been  filled.  He  hoped  the  reso- 
lution would  be  taken  up. 

There  being  no  objection,  the  joint  resolution  was  taken 
up,  read  three  several  times,  and  passed. 

HOUSE  OF  REPRESENTATIVES,  February  24,  1851. 

Mr.  THOMPSON,  of  Mississippi,  moved  the  following  amend- 
ment to  the  clause  appropriating  money  for  the  purchase  of 
books  for  the  Library  of  Congress,  viz : 

To  enable  the  Smithsonian  Institution  to  publish  a  new  edition  of  Wilkes' 
Narrative  and  the  accompanying  series  of  papers,  the  plates  and  engravings 
of  which  have  been  made  at  the  expense  of  the  United  States,  be,  and  they 
are  hereby,  ordered  to  be  delivered  over  to  the  said  Institution,  to  be  used 
for  that  purpose. 

He  said  that,  as  these  plates  wrere  valuable  and  the  Con- 
gress of  the  United  States  did  not  propose  to  use  them,  he 
should  be  glad  that  some  use  might  be  made  of  them.  It 
appeared  to  him  that  the  Smithsonian  Institution  was  as 
proper  a  party  to  whom  to  intrust  these  plates  for  publica- 
tion as  any.  Congress  had  already  provided  for  the  distribu- 
tion of  books  published  by  that  Institution.  He  (Mr.  T.) 
did  riot  wish  that  they  should  be  published  and  distributed 


.520  CONGRESSIONAL    PROCEEDINGS. 

among  members;  but,  as  it  was  really  a  valuable  work, 
and  a  new  edition  was  called  for,  he  thought  it  was  proper 
that  the  publication  should  be  intrusted  to  the  Smithsonian 
Institution. 

Mr.  WENTWORTH  (interposing)  said  that  he  thought  that 
it  was  quite  proper  that  copies  of  the  work  should  be  dis- 
tributed among  members  of  Congress.  lie  would,  there- 
fore, ask  the  gentleman  from  Mississippi  to  modify  his  amend- 
ment so  as  to  furnish  each  member  of  Congress  with  a  copy 
of  Wilkes'  Exploring  Expedition.  He  had  been  a  member 
of  that  body  eight  years,  and,  although  he  had  received 
copies  of  other  works,  he  had  never  received  a  copy  of  this, 
nor  had  he  ever  heard  of  other  members  receiving  copies. 

Mr.  THOMPSON  stated  that  only  about  one  hundred  copies 
had  been  published. 

Mr.  WENTWORTH  said  that  he  was  entirely  opposed  to  the 
amendment,  unless  modified  as  he  had  indicated. 

Mr.  THOMPSON  wished  to  explain  that  the  original  resolu- 
tion provided  for  the  publication  of  only  one  hundred  copies. 
There  was  a  great  demand  for  the  work,  and  it  was  desirable 
to  have  copies  that  might  be  furnished  to  different  foreign 
nations.  There  were  only,  he  believed,  twenty  copies  left 
in  the  Library. 

Mr.  WENTWORTH  inquired  if  it  had  ever  been  distributed 
to  members  of  Congress. 

Mr.  THOMPSON  said  that  copies  never  had  been  distributed 
among  members. 

Mr.  WENTWORTH  requested  the  gentleman  from  Missis- 
sippi to  modify  his  amendment  as  he  had  desired. 

Mr.  THOMPSON  said  that  books  published  by  the  Smith- 
sonian Institution  were  distributed  among  the  various  libra- 
ries, and  he  was  willing  that  such  a  distribution  should  take 
place. 

Mr.  WENTWORTH  again  inquired  if  the  gentleman  from 
Mississippi  would  modify  his  amendment. 

Mr.  THOMPSON  said  that  he  was  opposed  to  giving  copies 
to  members  of  Congress. 

Mr.  WENTWORTH  then  moved  to  amend  Mr.  Thompson's 
amendment  by  adding  that  a  copy  of  the  work  should  be 
furnished  to  each  Senator,  Representative,  and  Delegate  to 
the  present  Congress. 

Mr.  STEVENS  said  that  he  was  opposed  to  the  amendment 
to  the  amendment.  He  understood  that  the  original  amend- 
ment merely  contemplated  giving  the  plates  to  the  Smith- 
sonian Institution  for  that  Institution  to  publish  them.  Con- 
gress had  a  perfect  right  to  do  this;  but  he  could  not  under- 


THIRTY-SECOND   CONGRESS,    1851-53.  521 

stand  by  what  right  they  could  call  upon  the  Institution  to 
furnish  a  copy  to  each  member  of  Congress  from  its  own 
resources.  If  Congress  intended  granting  an  appropriation 
to  defray  the  expense  of  the  publication  and  distribution, 
as  the  gentleman  from  Illinois  proposed,  he  would  have  no 
objection  to  it;  but  unless  such  an  appropriation  were  made, 
he  should  feel  himself  compelled  to  vote  against  the  gentle- 
man's amendment. 

The  question  was  then  taken  on  Mr.  Wentworth's  amend- 
ment, and  it  was  not  agreed  to. 

The  question  was  then  taken  on  Mr.  Thompson's  amend- 
ment, and  it  was  adopted. 

On  the  same  day  it  was  ordered  that  two  copies  of ^  the 
Annals  of  Congress  be  given  to  the  Smithsonian  Institution; 
also,  one  copy  of  the  works  of  Alexander  Hamilton  and  one 
copy  of  the  works  of  John  Adams. 


PROCEEDINGS  IN  THE  SENATE. 
SENATE,  April  20,  1852. 

The  Senate  having  under  consideration  the  Deficiency 
bill,  and  the  following  amendment  from  the  Committee  on 
Finance  being  in  order  : 

«  For  planting  and  finishing  the  roads  and  walks  through  that  portion 
of  the  public  Mall  surrounding  the  Smithsonian  Institution,  |7,tW 

Mr  HUNTER  said :  This  item  is  estimated  for  by  the  Sec- 
retary of  the  Interior.  It  is  proposed  to  appropriate  this 
amount  in  this  bill,  instead  of  appropriating  it  for  the  next 
fiscal  year,  as  this  is  the  planting  season. 

The  amendment  was  agreed  to. 

SENATE,  May  27,  1852. 

Mr.  PEARCE,  from  the  Committee  on  Finance  reported  a 
bill  supplementary  to  an  act  approved  August  en- 

titled " An  act  to  establish  the  Smithsonian  Institution 
&c.,  which  was  read  and  passed  to  a  second  reading, 
bill  is  as  follows  : 


522  CONGRESSIONAL    PROCEEDINGS. 

same  terms  as  were  provided  for  the  original  principal  fund  by  the  second' 
section  of  the  act  entitled  "  An  act  to  establish  the  Smithsonian  Institution, 
for  the  increase  and  diffusion  of  knowledge  among  men,"  approved  August 
tenth,  eighteen  hundred  and  forty-six,  and  that  the  interest  thereon  at  the 
rate  of  six  per  centum  per  annum,  shall  in  like  manner  be  payable  half- 
yearly,  on  the  first  of  January  and  July  in  each  year,  from  and  after  the 
date  at  which  it  shall  be  received  into  the  Treasury  of  the  United  States, 
for  the  perpetual  maintenance  and  support  of  said  institution  :  Provided, 
That  the  sums  thus  to  be  received,  shall  not  exceed  the  amount  of  two 
hundred  thousand  dollars. 

SENATE,  August  20,  1852. 

The  Vice  President  laid  before  the  Senate  a  letter  from 
the  Secretary  of  the  Smithsonian  Institution,  communica- 
ting the  annual  report  of  the  Board  of  Eegents  of  that  in- 
stitution ;  which  was  ordered  to  lie  on  the  table,  and  be 
printed. 

A  motion  of  Mr.  Pearce  that  5,000  additional  copies  be 
printed,  was  referred  to  the  Committee  on  Printing. 

SENATE,  August  21,  1852. 

An  amendment  to  the  Civil  and  Diplomatic  appropriation 
bill  for  the  year  ending  June  30,  1853,  was  proposed  by  the 
Finance  Committee,  as  follows : 

"  For  finishing  the  grading,  manuring,  planting,  finishing  the  roads  and 
walks,  graveling  and  laying  gutters  along  the  margin  of  the  same,  and 
repairing  the  fence  of  the  Smithsonian  square,  $13,200." 

SENATE,  August  24,  1852. 

Mr.  PEARCE  submitted  the  following  resolution  ;  which 
was  agreed  to : 

Resolved,  That  the  vacancy  in  the  Board  of  Regents  of  the  Smithsonian 
Institution,  occasioned  by  the  resignation  of  the  Hon.  Jefferson  Davis,  be 
filled  by  the  President  of  the  Senate. 

Mr.  Robert  M.  Charlton  was  appointed. 
SENATE,  August  26,  1852. 

Mr.  HAMLIN,  from  the  Committee  on  Printing,  reported 
in  favor  of  printing  5,000  additional  copies  of  the  annual 
report  of  the  Regents  of  the  Smithsonian  Institution,  and 
that  2,000  copies  thereof  be  for  the  use  of  the  institution  ; 
which  was  agreed  to. 

SENATE,  August  26,  1852. 

Mr.  HUNTER  moved  to  amend  the  amendment  offered 
August  21st,  ^by  striking  out  "  $13,200,"  and  inserting 
"  $16,760."  The  amendment  to  the  amendment  was  agreed 
to,  and  the  amendment  as  amended  was  agreed  to. 


THIRTY-SECOND    CONGRESS,    1851-53. 

August  30. — In  conference  committee  the  Senate  receded 
from  the  above. 

SENATE,  August  31,  1852. 
On  motion  by  Mr.  DODGE,  of  Iowa,  it  was — 

Ordered,  That  instead  of  the  distribution  of  Owen's  Report  heretofore 
ordered,  there  be  furnished  to  the  General  Land  Office  100  copies,  to  the 
Smithsonian  Institution  100  copies,  and  to  Dr.  Owen  200  copies. 

SENATE,  December  21,  1852. 

Mr.  PEARCE.  There  are  two  vacancies  in  the  Board  of 
Regents  of  the  Smithsonian  Institution,  which  it  is  very 
'desirable  and  necessary  should  soon  be  filled.  I  therefore 
ask  leave  to  introduce  a  joint  resolution.  The  resolution 
Iwas  read  a  first  and  second  time,  and  considered  by  the 
(Senate  as  in  Committee  of  the  Whole;  reported  without 
(amendment;  read  a  third  time  and  passed. 

The  resolution  is  as  follows  : 

Resolved,  *c.,  That  the  vacancies  in  the  Board  of  Regents  of  the  Smith- 
sonian Institution,  of  the  class  ''other  than  members  of  Qffffi*. 
filled  by  the  appointment  of  Alexander  Dallas  Bache,  of  the  city  of  Wash- 
ington, and  John  McPherson  Berrien,  of  the  State  of  Georgia. 

The  resolution  was  approved  January  13,  1853,  as  Public 
Resolution  No.  6. 

SENATE,  March  1,  1853. 

The  PRESIDENT  pro  tempore  laid  before  the  Senate  the 
seventh  annual  report  of  the  Board  of  Regents  of  the 
sonian  Institution.  ,1+v^^i 

Mr  HUNTER,  from  the  Finance  Committee  offered  the  fol- 
lowing amendment  to  the  Civil  and  Diplomatic  appropria- 
tion bill,  which  was  agreed  to  : 

ZZSSS&fSS^ 

and  Twelfth  streets  west,  $5,276.52. 

SENATE,  March  3,  1853. 

The  report  of  the  Board  of  Regents  of  the  Smithsonian 
Institution  was  ordered  to  be  printed. 


PKOCEEDINGS  IN  HOUSE  OF  REPRESENTATIVES 
HOUSE  OF  REPRESENTATIVES,  January  2,  1852. 


524  CONGRESSIONAL    PROCEEDINGS. 

of  South  Carolina,  Graham  N.  Fitch,  of  Indiana,  and  James 
Meacham,  of  Vermont. 

HOUSE  OF  REPRESENTATIVES,  July  11,  1852. 

Mr.  HENN,  of  Iowa,  offered  the  following  amendment  to 
the  bill  to  reduce  and  modify  the  rates  of  postage  in  the 
United  States,  &c.  : 

The  presidents  of  universities,  colleges,  academies,  and  of  all  scientific 
institutions,  and  also  the  Smithsonian  Institution,  may  send  by  mail,  free 
of  postage,  the  printed  copies  of  any  regular  paper,  pamphlet,  or  book  pub- 
lished under  the  authority  of  any  such  institution  ;  and  also  the  proof  sheets 
of  such  copies  while  the  same  are  being  published  :  Provided,  Such  printed 
copies  shall  be  distributed  gratis. 

On  the  12th  of  July  the  question  was  taken  on  the  amend- 
ment, and  it  was  rejected. 

HOUSE  OF  REPRESENTATIVES,  January  11,  1853. 

Mr.  MEACHAM.  I  ask  the  unanimous  consent  of  the  House 
to  take  up  joint  resolution  of  the  Senate  No.  64,  for  the  ap- 
pointment of  Regents  of  the  Smithsonian  Institution.  It- 
will  take  but  a  moment,  and  it  is  very  necessary  that  it 
should  be  passed. 

The  joint  resolution  was  read  three  times,  and  passed. 

HOUSE  OF  REPRESENTATIVES,  March  3,  1853. 

The  House  refused  to  agree  to  the  amendment  of  the 
Senate  to  the  Civil  and  Diplomatic  bill,  appropriating 
$5,276.52,  for  reservation  No.  2. 

The  amendment  having  been  sent  to  a  committee  of  con- 
ference, the  House  receded  from  its  disagreement,  and  the 
amendment  was  agreed  to. 


PKOCEEDINGS  IN  THE  SENATE. 

SENATE,  February  21,  1854. 

Mr.  PEARCE  offered  the  following  resolution;  which  was 
considered  by  unanimous  consent,  and  agreed  to : 

Resolved,  That  the  vacancy  in  the  Board  of  Regents  of  the  Smithsonian 
Institution,  occasioned  by  the  expiration  of  the  term  of  the  Hon.  11.  M. 
Charlton,  be  filled  by  the  President  of  the  Senate. 

The  PRESIDENT  appointed  Hon.  Stephen  A.  Douglas  to 
fill  the  vacancy. 

SENATE,  July  22,  1854. 

The  Senate  having   under  consideration  the   Civil  and 


THIRTY-THIRD    CONGRESS,    1853-55.  525 

;  Diplomatic  Bill,  the  following  amendments  reported  by  the 
committee  were  read — 

For  the  preservation  of  the  collections  of  the  exploring  expedition. 
For  compensation  of  keepers,  watchmen,  and  laborers,  $2,980. 
For  contingent  expenses,  $100. 

Mr.  PRATT.  If  I  understand  that  amendment,  the  expen- 
diture proposed  by  it  is  an  annual  one  for  the  preservation 
of  the  collections  of  the  exploring  expedition. 

Mr.  HUNTER.  The  Senator  from  Maryland,  over  the  way, 
[Mr.  Pearce,]  can  explain  this  matter. 

Mr.  PEARCE.  These  collections  have  been,  from  the  time 
they  were  received  in  this  country  down  to  the  present 
period,  under  the  charge  of  the  Library  Committee,  who 
are  very  anxious  to  get  rid  of  that  responsibility.  But  there 
are  other  reasons  why  they  should  be  transferred  to  the 
Commissioner  of  Patents.  They  are  in  the  Patent  Office 
building,  they  are  under  his  eye.  He  is  the  proper  officer- 
to  take  care  of  them.  He  takes  care  of  other  things  which 
are  connected  with  them. 

The  sum  appropriated,  I  will  remark,  is  rather  more 
perhaps  than  has  been  heretofore  expended  by  the  Library 
Committee  for  that  purpose ;  for  the  reason  that  it  will  be 
necessary  to  erect  additional  buildings,  and  necessary  to  have 
an  additional  watchman,  as  there  is  now  nothing  to  prevent 
burglars  from  getting  into  so  much  of  the  building  as  is 
now  going  on.  I  believe  that  all  the  allowances  are  eco- 
nomical ;  and  I  am  very  sure  they  are  below  those  made  in 
other  departments  of  the  Government.  If  we  do  not  ap- 
propriate this  money  here,  we  shall  have  to  appropriate  the 
same  sum  of  money  to  be  expended  under  the  care  of  the 
Library  Committee.'  That  is  the  only  difference.  That 
committee  is  not  the  proper  body  to  take  charge  of  the 
matter.  They  are  not  an  executive  body  properly. 

Mr.  PRATT.  I  called  attention  to  the  matter,  because  it 
struck  me  as  being  rather  singular  that  there  should  be  an 
annual  appropriation  of  about  $3,000,  for  the  purpose  of 
preserving  the  curiosities  collected  by  the  exploring  ex- 
pedition. I  do  not  know  whether  they  are  worth  to  the 
Government  this  annual  expense.  I  only  desired  the  ex- 
planation, as  it  struck  my  mind  as  curious. 

Mr.  PEARCE.  As  long  as  we  keep  them,  we  must  take 
care  of  them,  and  we  cannot  take  care  of  them  with  less 
expenditure.  These  are  very  interesting  objects.  There 
are  one  hundred  and  twenty  thousand  people  who  visit  that 
building  annually,  and  it  seems  to- -me  that  this  is  a  very 


-52G  CONGRESSIONAL    PROCEEDINGS. 

small  expenditure  to   afford  so  much  gratification  to  our 
people. 

SENATE,  July  25,  1854. 

The  PRESIDING  OFFICER  laid  before  the  Senate  a  letter  of 
the  Secretary  of  the  Smithsonian  Institution,  transmitting 
the  annual  report  of  the  Board  of  Regents,  which,  on  mo- 
tion of  Mr.  Pearee,  was  ordered  to  be  printed  ;  and  a  motion 
by  Mr.  Rusk  to  print  10,000  additional  copies  was  referred 
to  the  Committee  on  Printing. 

SENATE,  July  28,  1854. 

Mr.  JOHNSON,  from  the  Committee  on  Printing,  to  whom 
was  referred  a  motion  to  print  additional  copies  of  the 
•eighth  annual  report  of  the  Board  of  Regents  of  the  Smith- 
sonian Institution,  reported  the  following  resolution  ;  which 
was  considered  by  unanimous  consent,  and  agreed  to  : 

Resolved,  That  there  be  printed,  for  the  use  of  the  Senate,  ten  thousand 
-extra  copies  of  the  eighth  annual  report  of  the  Regents  of  the  Smithsonian 
Institution,  five  hundred  of  such  copies  to  be  given  to  the  Secretary  of 
the  Smithsonian  Institution  for  its  use. 


PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  December  14,  1853. 

The  SPEAKER  appointed  Messrs.  James  Meacham,  of  Ver- 
mont, Wm.  H.  English,  of  Indiana,  and  David  Stuart,  of 
Michigan,  Regents  of  the  Smithsonian  Institution. 

HOUSE  OF  REPRESENTATIVES,  January  3,  1854. 
Mr.  CHANDLER  ottered  the  following  resolution  : 

Resolved,  That  a  select  committee,  consisting  of  nine  members,  be  ap- 
pointed, and  instructed  to  inquire  into  the  expediency  of  withdrawing  from 
the  Treasury  of  the  United  States  the  Smithsonian  fund,  and  investing  the 
«ame  in  sound  stocks,  or  in  such  other  way  as  may  be  to  the  interest  of  said 
fund. 

Mr.  CHANDLER.  This  money  is  lying  in  the  Treasury  of 
the  United  States,  and  the  Government  has  to  pay  for  the 
use  of  it,  when  it  is  buying  up  its  own  stock  at  a  large  pre- 
mium. It  is,  therefore,  desirable  to  place  the  fund  in  some 
other  situation. 

Mr.  JONES,  of  Tennessee.  I  desire  to  make  one  inquiry 
of  the  gentleman,  and  it  is,  whether  there  is  any  certainty 
that  a  method  can  be  devised  by  which  he  can  so  invest  this 
money  in  stocks,  or  in  any  other  way,  that,  provided  it 


THIRTY-THIRD    CONGRESS,    1853-55.  527 

should  be  lost,  the  Government  will  not  have  to  refund  it  ? 
We  made  one  investment  of  a  portion  of  this  fund,  and  had 
to  pay  the  amount  of  the  investment. 

Mr.  CHANDLER.  Invest  it  in  eastern  stocks,  and  not  in 
western. 

Mr.  BAYLY,  of  Virginia,  called  for  the  reading  of  the  reso- 
lution, and  no  objection  being  made,  it  was  accordingly 
.again  read. 

The  question  was  then  taken  on  the  adoption  of  the  reso- 
lution; and  there  were,  on  a  division — ayes  84;  noes  not 
^counted. 

So  the  resolution  was  adopted. 

HOUSE  OF  REPRESENTATIVES,  January  24, 1854. 

Mr.  UPHAM,  from  the  Committee  on  the  Post  Office  and 
Post  Roads,  reported  the  following  bill;  which  was  read  a 
first  and  second  time  by  its  title : 

':  A  bill  granting  the  franking  privilege  to  the  Superintendent  of  the 
Coast  Survey,  and  the  assistant  in  charge  of  the  office  of  said  Coast 
Survey." 

Mr.  MACE.  I  move  that  the  bill  be  so  amended  as  to  pro- 
vide for  the  grant  of  the  franking  privilege  to  the  Secretary 
of  the  Smithsonian  Institution,  in  addition  to  the  officers 
already  named. 

Mr.  OLDS.  The  proposition  contemplates  the  giving  of 
the  franking  privilege  to  the  Coast  Survey.  The  Commit- 
tee on  the  Post  Office  and  Post  Roads  have  permitted  it  to 
be  reported  to  the  House,  from  the  fact  that  we  had  seen 
no  good  reason  why  the  head  of  that  bureau — for  it  is,  in 
fact,  a  bureau — should  not  have  the  franking  privilege  as 
well  as  the  heads  of  the  other  bureaus.  At  the  same  time, 
however,  that  I  give  my  assent  to  the  report  of  this  resolu- 
tion, I  wish  to  say  that  my  own  opinion,  and  I  believe  that 
such  will  be  the  opinion  of  the  committee,  is  against  the 
franking  privilege  altogether;  and  perhaps  before  the  session 
is  closed  we  shall  propose  a  bill  abolishing  it. 

Mr.  MACE.  I  think,  sir,  that  I  would  myself  be  in  favor 
of  the  abolition  of  the  franking  privilege ;  but  if  it  is  to 
exist  and  appertain  to  sundry  officers  of  the  Government, 
and  to  members  of  Congress,  I  see  no  case  more  meritorious 
than  that  of  the  Secretary  of  the  Smithsonian  Institution, 
to  which  that  privilege  could  be  extended.  That  is  an  insti- 
tution for  the  diffusion  of  general  knowledge  throughout  the 
whole  country.  By  various  acts  of  Congress  we  vote  to  it 
numerous  public  documents,  which  cannot  be  distributed 


528  CONGRESSIONAL    PROCEEDINGS. 

unless  some  member  of  Congress  will  volunteer  to  go  there 
and  frank  them.  Such  is  the  practice,  and  I  have  myself, 
at  the  instance  of  Professor  Henry,  spent  days  there  in 
franking  public  documents  for  that  institution. 

The  design  has  been  to  forward  to  our  constituents 
throughout  the  land  documents  for  their  information.  The 
Secretary  of  that  institution  ought  to  have  the  privilege  of 
franking  them,  arid  not  be,  as  now,  subjected  to  the  incon- 
venience of  calling  upon  the  members  of  Congress  to  do 
that  job. 

A  MEMBER.     Who  is  the  Secretary? 

Mr.  MACE.  I  am  told  that  Professor  Henry  is  the  Secre- 
tary. I  do  not  propose  to  elaborate  this  question  at  all.  It 
is  a  simple  one.  If  we  are  to  extend  this  privilege  at  all, 
we  cannot  extend  it  to  a  more  meritorious  case  than  the  one 
I  have  suggested. 

Mr.  JONES,  of  Tennessee.  I  move  to  refer  the  bill  and 
amendment  to  the  Committee  of  the  Whole  on  the  state  of 
the  Union,  and  that  they  be  printed.  And  I  will  say  that 
whatever  may  be  the  propriety  of  the  bill  as  reported  from 
the  committee,  I  can  see  no  justice  and  no  propriety  in  the 
amendment  proposed  by  the  gentleman  from  Indiana,  [Mr. 
Mace.] 

The  Smithsonian  Institution  is  not  part  nor  parcel  of  this 
Government.  It  is  a  separate  and  distinct  institution,  quar- 
tered, it  is  true,  on  the  Treasury  at  the  rate  of  thousands  of 
dollars  per  annum;  and  it  should  be  kept,  I  think,  as  dis- 
tinct as  possible.  There  is  no  reason  for  giving  this  institu- 
tion the  peculiar  privilege  of  franking  its  documents  over 
the  country  in  preference  to  other  institutions  of  learning 
in  any  part  of  the  United  States.  And  if  you  commence 
with  this,  where  are  you  to  stop?  This  is  to  be  the  entering 
wedge  here  at  the  seat  of  Government.  This  is  first  to  be 
made  the  favorite  institution  for  establishing  the  precedent 
to  confer  the  franking  privilege  on  all  the  institutions,  per- 
haps, of  the  country.  And  I  will  say  to  the  gentleman  from 
Indiana,  [Mr.  Mace,]  that  according  to  my  understanding 
and  construction  of  the  Post  Office  laws,  the  member  of 
Congress  who  franks  a  document  weighing  over  two 
ounces,  published  by  the  Smithsonian  Institution,  violates 
the  privilege  conferred  upon  him  under  the  laws  of  Con- 
gress. 

Mr.  MACE.  Will  the  gentleman  from  Tennessee  allow 
me  to  explain  ? 

Mr.  JONES  yielded  the  floor. 

Mr.  MACE.     I  will  state  to  the  gentleman  that  the  docu- 


THIRTY-THIRD    CONGRESS,    1853-55.  529 

ments  franked  by  me  for  the  Smithsonian  Institution  were 
printed  by  order  of  Congress;  and  I  had  the  same  right  to 
frank  them  as  I  had  the  other  public  documents  printed  by 
order  of  Congress. 

Mr.  JONES.  If  they  were  ordered  by  Congress,  or  by 
either  House  of  Congress,  then  they  were  public  docu- 
ments, and  came  within  the  law.  And  the  gentleman  from 
Indiana,  [Mr.  Mace,]  and  every  other  member  had  a  right 
to  frank  them.  But  the  documents  printed  by  order  of  the 
Smithsonian  Institution  are  not  included  among  these  priv- 
ileged matters  which  members  of  Congress  are  authorized 
to  frank;  and,  in  my  opinion,  they  should  not  be  included. 
I  now,  Mr.  Speaker,  move  the  previous  question. 

Mr.  WARREN.  I  move  to  lay  the  bill  and  amendment 
upon  the  table. 

Mr.  MACE.  The  gentleman  from  Massachusetts  who  re- 
ported the  bill  has  urgently  appealed  to  me  to  withdraw  the 
amendment  which  I  have  proposed.  I  do  now  withdraw  it. 

There  was  no  objection,  and  it  was  withdrawn. 

HOUSE  OP  KEPRESENTATIVES,  March  10,  1854. 

Mr.  CHANDLER.  I  ask  leave  to  introduce  a  memorial  from 
the  Smithsonian  Institution,  with  a  view  of  having  it  refer- 
red to  the  special  committee  appointed  early  in  January. 
It  is  a  memorial  asking  Congress  to  authorize  the  Treasury 
Department  to  receive  $150,000,  saved  from  the  accrued 
interest,  on  the  same  terms  as  those  on  which  the  original 
bequest  was  received. 

The  memorial  is  as  follows  : 

To  the  Honorable  the  Senate  and  House  of  Representatives,  in  Congress  as- 
sembled: 

GENTLEMEN  :  The  Board  of  "Regents  of  the  Smithsonian  Institution  have 
directed  me  to  transmit  to  your  honorable  body  the  resolution  appended  to 
this  communication,  and  to  solicit  the  passage  of  a  law  in  accordance  there- 
with. 

It  is  known  to  your  honorable  body  that  the  original  sum  received  into 
'the  United  States  Treasury  from  the  Smithsonian  bequest  was  a  little  more 
than  $515,000,  and  that  at  the  time  of  the  passage  of  the  act  incorporating 
the  institution  $242,000  had  accrued  in  interest,  which  sum,  or  so  much  of 
it  as  might  be  deemed  necessary,  the  Kegents  were  authorized  to  appropriate 
to  a  building. 

In  consideration,  however,  of  the  great  demands  upon  the  institution  for 
"  the  increase  and  diffusion  of  knowledge  among  men,"  the  Regents,  instead 
of  immediately  expending  this  sum  on  the  building,  have  carefully  husbanded 
it,  and  have  extended  the  time  of  the  erection  of  the  building  over  several 
years,  and  have  defrayed  the  expense  in  part  out  of  the  proceeds  of  this  sum, 
and  in  part  out  of  such  portions  of  the  income  of  the  original  fund  as  could 
be  spared  from  the  operations  of  the  institution.  The  building  will  be  com- 
pleted in  a  few  months  in  fire-proof  materials,  and  in  a  very  substantial  man- 
ner, and  besides  the  money  required  to  pay  the  contractor  there  is  now  on 
hand  $150,000  of  accrued  interest. 
34 


580  CONGRESSIONAL    PROCEEDINGS. 

This  sum  the  Regents  ask  to  be  allowed  to  place  in  the  Treasury  of  the 
United  States  with  the  original  bequest,  and  to  add  to  it,  from  time  to  time, 
such  other  sums  as  may  come  into  their  possession  by  donation  or  otherwise 
until  the  sum  thus  added  shall  amount  to  $ . 

The  sole  object  of  this  bequest  is  the  permanent  investment  and  perpetual 
security  of  the  accumulated  fund,  and  when  your  honorable  body  is  assured 
that  the  operations  of  the  institution  have  received  the  approbation  of  the 
wise  and  good  in  every  part  of  the  world  where  literature  and  science  are 
cultivated,  the  undersigned  trusts  that  the  request  will  be  granted. 

And  your  petitioner  will  ever  pray,  &c. 

JOSEPH  HENRY, 
Secretary  of  Smithsonian  Institution. 

HOUSE  OF  REPRESENTATIVES,  July  20,  1854. 

Joint  Resolution  No.  13  approved. — One  copy  of  the  works 
of  Thomas  Jefferson  to  be  given  to  the  Smithsonian  Institu- 
tion. 

HOUSE  OF  REPRESENTATIVES,  July  25,  1854. 

The  House  having  under  consideration  as  in  Committee 
of  the  Whole  the  Navy  Appropriation  Bill- 
Mr.  HAVEN  said:  1 'offer  the  following  amendment,  not 
by  direction  of  the  committee,  for  I  take  it  that  the  com- 
mittee is  against  me : 

To  enable  the  Secretary  of  the  Navy  to  pay  the  salary  of  Professor  James 
P.  Espy,  for  the  current  fiscal  year,  ending  30th  June,  1855,  $2,000 ;  pay- 
ment to  be  made  in  the  same  manner  and  under  like  control  as  former  ap- 
propriations for  meteorological  observations. 

Mr.  PHELPS.  I  rise  to  a  question  of  order  on  the  amend- 
ment. 

Mr.  HAVEN.  Let  me  state  just  why  I  think  the  amend- 
ment is  in  order.  Similar  appropriations  are  to  be  found 
in  the  Navy  appropriation  bills  for  the  last  three  or  four  years. 
You  will  find  it  referred  to  in  the  report  of  the  Secretary  of 
the  Navy,  President's  message  and  accompanying  documents, 
page  302.  On  page  393  the  committee  will  find  a  letter  from 
Professor  Espy,  from  which  I  will  read  a  short  extract  After 
detailing  the  duties  which  he  has  performed  in  reference  to 
collecting  and  collating  meteorological  observations  that 
have  been  made  at  the  military  posts  in  the  country,  he  uses 
the  following  language  in  his  letter  to  the  Secretary  of  the 
Navy: 

I  have  already  finished  collating  the  years  1849,  1850,  and  1851,  with  the 
exception  of  the  third  quarter  of  1849  and  the  third  quarter  of  1851.  These 
quarters  I  shall  finish  by  the  end  of  the  present  year,  and  if  you  so  direct, 
the  report  for  these  three  years  can  be  handed  in  to  Congress.  But  I  respect- 
fully suggest  that  a  report  on  this  subject  would  be  greatly  increased  in 
value  by  even  a  small  increase  of  time  contained  in  it ;  and  I  should  be 
pleased  'if  you  would  allow  the  report  to  be  withheld  from  Congress  till 
its  second  session,  at  which  time  the  year  1852  would  be  embodied  in  it. 


THIRTY-THIRD    CONGRESS,    1853-55.  531 

This  man  has  been  regularly  and  continuously  employed; 
.•sind  you  will  find,  in  the  cases  referred  to,  that  the  Secretary 
of  the  Navy  has  made  the  recommendations  of  which  I  have 
spoken.  You  will  find,  by  referring  to  page  112,  that  this 
appropriation  of  $2,000  a  year  was  not  only  made  for  that 
year,  but  for  the  year  previous.  In  the  act  of  the  last  ses- 
sion at  page  221,  you  will  find  that  the  same  appropriation 
was  made,  and  in  the  precise  way  in  which  it  has  been  made 
in  every  particular  case.  I  now  offer  this  amendment,  be- 
cause my  friend  from  Georgia,  [Mr.  Stephens,]  who  is  my 
colleague  upon  the  Committee  of  Ways  and  Means,  told  me 
that  he  had  always  attended  to  it,  and  he  intrusted  it  to  my 
hands  now.  I  wish  to  perform  that  trust  faithfully,  as  it  is 
an  appropriation  which  I  think  ought  to  be  made.  It  is 
certainly  one  which  has  been  adopted  as  an  amendment  to 
this  bill  for  the  last  half  dozen  years. 

The  CHAIRMAN.  Tbe  Chair  would  inquire  whether  the 
office  was  established  by  law? 

Mr.  HAVEN.  Certainly;  and  this  man  is  in  the  employ- 
ment of  the  Government.  He  is  now  engaged  in  making 
a  report. 

Mr.  PHELPS.  I  differ  with  the  gentleman  as  to  the  fact 
whether  the  office  was  established  by  law.  I  admit  that  in 
two  or  three  naval  appropriation  bills  an  amendment  was 
passed  making  provision  for  the  prosecution  of  meteoro- 
logical surveys,  but  those  appropriations  were  only  made 
from  year  to  year.  There  is  no  such  officer  provided  for 
by  law.  His  term  of  office  expired  the  1st  of  July,  and 
there  is  no  law  providing  for  the  continuation  or  further 
prosecution  of  these  meteorological  surveys.  It  is  for  these 
reasons  that  I  raise  the  question  of  order. 

Mr.  HAVEN.  I  will  not  say  whether  I  am  right  or  wrong 
in  reference  to  this  matter;  but  I  do  say  that  for  a  series  of 
years  appropriations  have  been  made  from  year  to  year  for 
this  purpose,  contained  precisely  in  the  same  words  as  my 
amendment.  This  man  is  in  the  public  employment 

Mr.  SMITH,  of  Virginia.  Will  the  gentleman  say  whether 
the  office  of  Mr.  Espy,  who  used  to  be  called  the  Storm 
King,  is  an  office  created  by  law? 

Mr.  HAVEN.  The  question  which  my  friend  from  Virginia 
puts  me  has  reference  to  the  designation  of  the  man^that 
fills  the  office — Storm  King,  as  he  says — rather  than  to  the 
employment  in  which  he  is  engaged.  I  cannot  say  whether 
there  is  such  an  officer  as  the  head  of  a  bureau  of  meteoro- 
logical surveys,  but  I  do  understand  that  the  law  has  made 
provision  for  this  office.  I  have  pointed  to  the  place  where 


532  CONGRESSIONAL    PROCEEDINGS. 

provision  is  made  for  the  office,  and  for  paying  the  man  who 
has  been  employed  under  the  law  to  lill  it. 

The  CHAIRMAN.  If  the  Chair  understands  the  facts  of  the 
case,  this  was  a  special  service  for  which  the  appropriation 
was* made;  and  the  service  and  office  expire  with  the  ex- 
haustion of  the  appropriation.  The  amendment  would  not, 
therefore,  be  in  order  under  the  rule  established. 

Mr.  HAVEN.  Allow  me  to  say  one  thing  further.  When 
the  Secretary  of  the  Navy  called  the  attention  of  the  House 
to  this  matter 

[Loud  cries  of  "Order!"  "Order!"] 

The  CHAIRMAN.  Does  the  gentleman  appeal  from  the  de- 
cision of  the  Chair? 

Mr.  HAVEN.  I  do;  and  I  desire  simply  to  say  that  ever 
since  I  have  been  in  this  House 

Mr.  PHELPS.  I  rise  to  a  question  of  order.  There  is  an 
appeal  pending,  and  no  debate  is  in  order. 

Mr.  STANTON.  I  desire  to  make  a  suggestion.  This  is  in 
continuation  of  works  which  have  already  been  commenced. 
These  observations  have  been  carried  on  for  a  series  of  years. 

[Cries  of  "  Question ! "  "  Question  ! "] 

The  CHAIRMAN.  The  question  is,  "Shall  the  decision  of 
the  Chair  stand  as  the  judgment  of  the  committee?" 

The  question  was  taken,  and  the  decision  of  the  Chair  was 
not  sustained ;  there  being,  on  a  count,  only  thirty-one  in  the 
affirmative. 

The  CHAIRMAN.  The  question  is  on  the  amendment  sub- 
mitted by  the  gentleman  from  New  York,  [Mr.  Haven.] 

Mr.  STUART,  of  Michigan.  I  move  to  amend  the  amend- 
ment of  the  gentleman  from  New  York,  [Mr.  Haven,]  by 
increasing  the  appropriation  one  dollar. 

I  have  moved  the  amendment  merely  for  the  purpose  of 
enabling  me  to  ask  one  or  two  questions,  to  which  I  ask  the 
attention  of  the  gentleman  from  New  York.  There  is  now 
an  officer  employed  by  the  Smithsonian  Institution  whose 
duty  it  is  to  receive  and  to  make  all  these  meteorological 
calculations,  and  to  report  upon  them.  Reports  are  sent  from 
all  the  different  military  stations  in  the  country  to  him.  He 
is  employed  at  present  in  getting  out  a  work  upon  this  sub- 
ject at  the  expense  of  the  Smithsonian  Institution.  What  I 
want  to  know  is,  whether  these  are  the  same  services  upon 
which  Professor  Espy  is  employed? 

Mr.  HEAVEN.  I  can  only  answer  the  gentleman  by  refer- 
ence to  the  documents.  I  know  nothing  of  the  computa- 
tions of  the  Smithsonian  Institution;  but  I  doubt  not  the 
gentleman  is  correct  in  what  he  states. 


THIRTY-THIRD    CONGRESS,    1853-55.  533 

Here  is  Professor  Espy's  letter: 

IRVING  HOTEL,  WASHINGTON,  September  8,  1853. 

SIR  :  In  answer  to  your  letter  of  the  6th  instant,  requesting  me  to  "furnish 
you  a  report  of  my  labors,  and  their  results,  connected  with  the  meteoro- 
logical observations  conducted  by  me,  under  the  direction  of  the  Navy  De- 
partment, during  the  past  year,"  I  have  to  report  progress  as  follows: 

During  the  year,  as  in  several  former  years,  I  have  had  access  to  all  the 
meteorological  journals  kept  at  the  various  military  posts  by  order  of  the 
Surgeon  General,  and  to  all  the  journals  procured  by  the  Smithsonian  In- 
stitution, which  are  very  numerous,«and  embrace  a  very  wide  extent  of 
territory,  which,  united  to  the  journals  of  my  own  correspondents,  furnish 
the  means,  such  as  the  world  never  possessed  before,  of  generalizing  the 
phenomena  of  storms,  and  educing  laws  which  apply  to  their  origin,  the 
direction  and  velocity  of  their  motion,  in  the  United  States;  the  direction 
and  violence  of  the  wind  in  different  parts  of  the  storm  at  the  same  time; 
the  state  of  the  barometer  in  the  storm  and  around  its  borders;  the  causes 
which  produce  these  phenomena;  and  the  means  of  predicting,  in  all  great 
storms  of  dangerous  violence,  their  approach  in  time  to  prepare  for  them. 
How  much  of  all  this  I  have  already  done,  and  how  much  remains  to  be 
done,  and  with  what  prospect  of  success,  you  will  judge  by  examining  my 
.previous  reports  to  the  Department. 

The  plan  which  I  adopted  in  these  reports,  in  collating  the  meteorological 
journals,  was  to  exhibit  to  the  eye,  on  skeleton  maps  of  the  United  States, 
the  various  phenomena  of  the  winds  and  rains  and  barometric  fluctuations 
by  appropriate  symbols,  so  that,  by  a  glance,  it  might  be  seen  where  a  storm 
was  raging,  how  far  it  extended,  in  what  direction,  and  with  what  violence 
the  wind  blew  in  its  borders,  and  beyond  ;  how  the  barometer  stood  within 
and  beyond  its  borders;  and  how  far,  and  in  what  direction,  the  center  of 
the  storm  had  moved  by  the  next  day  at  the  same  hour.  This  plan  I  have 
-not  seen  proper  to  change  in  the  report  now  in  progress  for  the  Department. 

I  have  already  finished  collating  the  years  1849,  1850.  and  1851,  with  the 
exception  of  the  third  quarter  of  1849  and  the  third  quarter  of  1851.  These 
quarters  I  shall  finish  by  the  end  of  the  present  year ;  and,  if  you  so  direct,  the 
report  for  these  three  years  can  be  handed  in  to  Congress.  But  I  respectfully 
suggest  that  a  report  on  this  subject  would  be  greatly  increased  in  value  by 
even  a  small  increase  of  time  contained  in  it ;  and  I  should  be  pleased  if  you 
would  allow  the  report  to  be  withheld  from  Congress  till  its  second  session, 
;at  which  time  the  year  1851  would  be  embodied'in  it. 

Whatever  you  direct  me  to  do  on  this,  shall  be  done  to  the  best  of  my 
..ability. 

Very  respectfully,  your  obedient  servant, 

JAMES  P.  ESPY. 
Hon.  J.  (?.  DOBBIN. 

These  calculations  are  of  very  great  service  to  science. 
They  are  the  handmaid  to  the  great  business  in  which  Lieu- 
tenant Maury  is  engaged.  It  seems  that  Professor  Espy  has 
iiccess  to  the  journals  kept  at  the  various  military  stations 
in  the  country,  to  all  the  journals  received  by  the  Smith- 
sonian Institution,  and  besides  that,  has  a  very  large  cor- 
respondence of  his  own  from  which  he  deduces  his  facts, 
and  reports  to  the  Secretary  of  the  Navy. 

Mr.  STUART,  by  unanimous  consent,  withdrew  his  amend- 
ment to  the  amendment. 

Mr.  Haven's  amendment  was  then  agreed  to. 


534  CONGRESSIONAL    PROCEEDINGS. 

HOUSE  OF  REPRESENTATIVES,  July  31,  1854. 

Mr.  JONES,  of  Tennessee.  The  Committee  of  Ways  and 
Means  recommend  a  non-concurrence  in  the  forty-second 
amendment  of  the  Senate,  [July  22.] 

The  amendment  was  non-concurred  in. 

HOUSE  OF  REPRESENTATIVES,  August  1,  1854. 

The  SPEAKER  laid  before  the  House  a  communication  from 
the  Secretary  of  the  Smithso'nian  Institution,  transmitting 
the  annual  report  of  the  Board  of  Regents. 

The  SPEAKER.  The  annual  report  does  not  accompany 
the  letter  of  the  Secretary.  The  Chair  understands  that 
there  is  but  one  copy.  It  is  very  voluminous,  and  is  now  in 
the  other  end  of  the  Capitol. 

Mr.  ENGLISH.  I  move  that  the  communication  and  report 
be  laid  on  the  table,  and  ordered  to  be  printed;  and  I  move 
that  20,000  extra  copies  be  printed,  and  that  that  motion  be 
referred  to  the  Committee  on  Printing.  So  ordered. 

Mr.  JONES,  of  Tennessee.  The  Committee  of  Ways  and 
Means  recommend  a  non-concurrence  in  the  one  hundred 
and  sixty-fifth  amendment. 

One  hundred  and  sixty-fifth  amendment : 

SEC.  __.  And  be  it  further  enacted,  That  the  collections  of  the  exploring 
expedition,  now  in  the  Patent  Office,  be  placed  under  the  care  and  manage- 
ment of  the  Commissioner  of  Patents,  who  is  hereby  authorized  to  employ 
one  principal  keeper  of  said  collections  at  an  annual  salary  of  $900,  one 
assistant  keeper  at  an  annual  salary  of  $750,  one  night  watchman  at  aa 
annual  salary  of  $600,  and  two  laborers  at  annual  salary  each  of  $365. 

The  amendment  was  non-concurred  in. 

HOUSE  OF  REPRESENTATIVES,  August  2,  1854. 

Mr.  STANTON,  of  Kentucky.  I  rise  to  a  privileged  ques- 
tion. I  have  a  report  from  the  Committee  on  Printing, 
which  I  desire  to  make.  I  believe  that  committee  have  the 
right  to  report  at  any  time. 

The  SPEAKER.     The  gentleman  is  in  order. 

Mr.  STANTON.  I  am  instructed  by  the  Committee  on  Print- 
ing to  otter  the  following  resolution : 

Resolved,  That  there  be  printed  10,000  extra  copies  of  the  annual  report 
of  the  Board  of  Kegents  of  the  Smithsonian  Institution,  including  the 
minority  report  upon  the  distribution  of  the  fund — 7,000  copies  for  distribu- 
tion by  the  members  of  this  House  and  3,000  for  the  use  of  the  Institution. 

Mr.  JONES,  of  Tennessee.  I  move  to  lay  that  resolution 
upon  the  table. 

The  motion  was  not  agreed  to. 
The  resolution  was  then  adopted. 


THIRTY-THIRD    CONGRESS,    1853-55.  535 

HOUSE  OF  REPRESENTATIVES,  August  3,  1854. 

The  Senate  having  reinserted  the  section  that  the  House 
non-concurred  in  on  the  1st  of  August,  Mr.  HOUSTON  said: 

Upon  examination  of  that  amendment,  Mr.  Pearce,  of  the 
Senate  committee,  who  is  a  member  of  the  Joint  Committee 
on  the  Library,  assured  us  that  these  officers  are  now  kept 
up  and  paid  to  have  charge  of  this  collection.  The  object  of 
the  amendment  is  only  to  relieve  the  Joint  Committee  on  the 
Library  from  their  responsibility  concerning  the  matter. 
There  is,  I  believe,  an  increase  of  one  messenger,  besides 
which  it  will  cost  no  more  money  than  under  the  present 
arrangement.  The  committee,  therefore,  report  in  favor  of 
the  House  receding  from  its  disagreement. 


PROCEEDINGS  IN  THE  SENATE. 

SENATE,  December  7,  1854. 

Mr.  PEARCE,  according  to  previous  notice,  asked  and  ob- 
tained leave  to  introduce  a  joint  resolution  providing  for  the 
appointment  of  two  Regents  for  the  Smithsonian  Institution ; 
which  was  read  twice  by  unanimous  consent,  and  considered 
as  in  Committee  of  the  Whole. 

It  proposes  to  fill  the  vacancies  in  the  Board  of  Regents, 
of  the  class  other  than  members  of  Congress,  by  the  reap- 
pointrnent  of  the  late  incumbents,  Rufus  Choate,  of  Massa- 
chusetts, and  Gideon  Hawley,  of  New  York. 

The  joint  resolution  was  reported  to  the  Senate  without 
amendment,  ordered  to  a  third  reading,  read  a  third  time, 
and  passed. 

SENATE,  January  17,  1855. 

The  PRESIDENT.  I  lay  before  the  Senate  a  communication 
from  Hon.  Rufus  Choate,  one  of  the  Regents  of  the  Smith- 
sonian Institution.  It  will  be  read. 

The  Secretary  read  it,  as  follows : 

To  the  Senate  and  House  of  Representatives  : 

I  take  leave  to  communicate  to  the  two  Houses  of  Congress  my  resigna- 
tion of  the  office  of  Kegent  of  the  Smithsonian  Institution. 

It  is  due  to  the  body  which  has  been  pleased  to  honor  me  with  their  trust 
for  some  years,  and  has  recently  conferred  it  for  a  new  term,  to  say  that  this 
step  is  taken,  not  from  any  loss  of  interest  in  the  welfare  of  that  important 
establishment,  but  in  part  from  the  inconvenience  experienced  in  attending 
the  meetings,  and  in  part,  also,  and  more  immediately,  from  my  inability 
to  concur  or  acquiesce  in  an  interpretation  of  the  act  of  Congress  constitu- 
ting the  actual  institution,  and  the  Board  of  Regents,  which  has  been 


536  CONGRESSIONAL    PROCEEDINGS. 

adopted,  and  is  now  about  to  be  practically  carried  into  administration  by 
a  majority  of  the  board.  That  act,  it  has  seemed  to  me,  peremptorily 
^'directs  a  manner "  and  prescribes  a  plan  according  to  which  it  intends 
that  the  institution  shall  accomplish  the  will  »>f  the  donor. 

By  the  earlier  law  accepting  the  gift,  Congress  engaged  to  direct  such  a 
•manner  and  to  devise  such  a  plan,  and  pledged  the  laith  of  the  United 
States,  that  the  funds  should  be  applied  according  to  such  plan  and  such 
manner.  In  fulfillment  of  that  pledge,  and  in  the  performance  of  its  in- 
alienable and  incommunicable  duty  as  trustee  of  the  charity,  that  body, 
after  many  years  of  deliberation — from  which  it  never  sought  to  relieve 
itself  by  devolving  the  work  upon  the  discretion  of  others— matured  its 
plan,  and  established  the  actual  institution  to  carry  it  out.  Of  tiiis  phm, 
the  general  features  are  sketched  with  great  clearness  and  great  complete- 
ness in  the  law.  Without  resorting  for  aid  in  its  interpretation  to  its  par- 
liamentary history,  the  journals  and  debates,  the  substantial  moaning  scorns 
to  be  palpable  and  unequivocal  in  its  terms.  By  such  aid  it  is  rendered 
quite  certain.  A  Board  of  Regents  is  created  to  administer  it.  Some  dis- 
cretionary powers,  of  course,  are  given  to  the  board  in  regard  of  details, 
and  in  regard  of  possible  surpluses  of  income  which  may  remain  at  any 
given  time,  while  the  plan  of  Congress  is  being  zealously  and  judiciously 
carried  into  effect;  but  these  discretionary  powers  are  given,  I  think,  in 
trust  for  the  plan  of  Congress,  and  as  auxiliary  to,  cooperate  with,  and  execu- 
tory of,  it.  They  were  given  for  the  sake  of  the  plan,  simply  to  enable  the 
regents  the  more  effectually  and  truly  to  administer  that  veVy  one — not  to 
enable  them  to  devise  and  administer  another  of  their  own,  unauthorized 
in  the  terms  of  the  law,  incompatible  with  its  announced  objects  and  its  full 
development,  not  alluded  to  in  it  anywhere,  and  which,  as  the  journals  and 
the  debates  inform  us,  when  presented  to  the  House  under  specific  proposi- 
tions, was  rejected. 

Of  this  act  an  interpretation  has  now  been  adopted,  by  which,  it  has 
seemed  to  me,  these  discretionary  means  of  carrying  the  will  of  Congress 
into  effect  are  transformed  into  means  of  practically  disappointing  that  will, 
and  of  building  up  an  institution  substantially  unlike  that  which  it  in- 
tended, which  supersedes  and  displaces  it,  and  in  effect  repeals  the  law. 
Differences  of  opinion  had  existed  in  the  board  from  its  first  meeting,  in 
regard  of  the  administration  of  the  act;  but  they  were  composed  by  a  reso- 
lution of  compromise,  according  to  which  a  full  half  of  the  annual  income 
was  to  be  eventually  applied  in  permanence  to  what  I  deem  the  essential 
parts  of  the  plan  of  Congress.  That  resolution  of  compromise  is  now  for- 
mally rescinded,  and  henceforward  the  discretion  of  the  regents,  and  not 
the  act  of  Congress,  is  to  be  the  rule  of  appropriation,  and  that  discretion 
has  already  declared  itself  for  another  plan  than  what  I  deem  the  plan  of 
Congress.  It  may  be  added  that,  under  the  same  interpretation,  the  office 
and  powers  of  secretary  are  fundamentally  changed  from  those  of  the  sec- 
retary of  the  law,  as  I  read  it,  and  arc  greatly  enlarged. 

In  this  interpretation,  I  cannot  acquiesce;  and  with  entire  respect  for 
the  majority  of  the  board,  and  with  much  kindness  and  regard  to  all  its 
members,  I  am  pure  that  my  duty  requires  a  respectful  tender  of  resigna- 
tion. I  make  it  accordingly,  and  am  your  obedient  servant, 

RUFUS  CHOATE. 

WASHINGTON,  (D.  C.,)  January  13,  1855. 

Mr.  PEARCE.  Mr.  President,  I  desire  to  make  a  sugges- 
tion in  regard  to  the  disposition  which  shall  be  made  of  this 
paper.  Before  I  do  so,  however,  I  ask  the  indulgence  of  the 
Senate  while  I  submit  a  very  few  remarks. 

The  paper,  sir,  is  one  of  unusual  character.  It  purports 
to  be  a  resignation  by  a  gentleman  holding  a  public  trust 


THIRTY-THIRD    CONGRESS,    1853-55.  537 

under  the  appointment  of  Congress,  and  assigns  reasons  for 
the  resignation.  The  first  is  the  inability  of  the  party  re- 
signing to  perform  the  duties  of  his  trust;  that  is  to  say,  to 
.attend  the  meetings  of  the  institution,  without  which  attend- 
ance he  cannot  perform  the  duties  of  his  trust;  quite  a  suffi- 
cient reason,  and  one  which,  perhaps,  has  been  of  equal 
weight  for  the  last  seven  years  as  now.  The  second  reason 
is,  his  inability  to  concur  with  the  majority  of  the  Board  of 
Regents  in  the  interpretation  which  they  have  given  to  the 
statute  establishing  the  institution.  If  the  letter  of  resig- 
nation had  terminated  there,  I  should  not  have  had  a  word 
to  say;  but  it  goes  much  further.  It  is,  in  effect,  nothing 
more  than  we  have  seen  in  the  public  prints  for  the  last 
year,  though,  of  course,  in  very  different  language,  and  in- 
stigated by  purposes  very  different  from  those  which  I  hope 
and  believe  actuate  the  retiring  regent. 

It  sets  forth,  sir,  that  Congress  has  established  a  plan  for 
the  conduct  of  this  institution,  has  prescribed  a  manner  in 
which  the  regents  shall  manage  its  affairs;  that  the  act 
sketches  with  clearness  and  completeness  the  principal  fea- 
tures of  this  plan;  that  they  are  quite  apparent  without 
reference  to  the  parliamentary  history  of  the  act;  that,  with 
that,  they  are  unmistakably  clear.  Then  he  charges  that 
the  majority  of  the  Board  of  Regents,  who  have,  the  mis- 
fortune to  differ  from  the  retiring  regent,  have  subverted 
that  plan  established  by  Congress,  have  departed  from  the 
manner  in  which  Congress  prescribed  that  the  affairs  of  the 
institution  should  be  conducted,  and  diverted  the  application 
of  the  funds  from  the  objects  prescribed  in  the  law,  have 
appropriated  them  to  objects  not  mentioned  in  the  law,  in- 
compatible with  the  prescribed  objects,  and  not  warranted, 
either  by  the  letter  or  spirit  of  any  of  its  provisions  ;  that 
thus  the  Board  of  Regents  have  substituted  their  will  for 
the  will  of  the  National  Legislature,  and  have,  in  e'ffect, 
repealed  the  act  of  Congress. 

Sir,  these  are  very  grave  charges.  I  happen  to  be  one  of 
those  who  have  been  thus  contumacious,  who  have  thus  en- 
deavored to  subvert  the  will  of  the  National  Legislature, 
and  to  repeal  the  act  of  Congress,  for  the  faithful  execution 
•of  which  I  had  pledged  everything  which  a  man  of  honor 
could  pledge,  by  the  acceptance  of  the  trust.  Sir,  I  cannot 
but  feel  sensibly  the  reproach  conveyed  in  this  letter,  and  I 
feel  it  not  only  sensibly,  but  with  something  of  indignation. 
I  have  one  consolation,  however.  I  do  not  stand  alone  in 
the  interpretation  which  I  have  given  to  this  act.  I  am  con- 
soled for  differing  from  the  brilliant  parliamentary  and 


538  CONGRESSIONAL    PROCEEDINGS. 

forensic  orator  who  is  the  author  of  this  letter,  by  reflecting 
that  I  am  sustained  in  ray  opinion  by  men  of  such  weight 
of  character  as  cannot  well  be  exceeded  in  this  country. 
Let  me  mention  a  few  of  them.  In  the  first  place,  I  will 
mention  him  who  holds  the  first  rank  as  a  jurist  in  the 
United  States;  first,  unquestionably,  in  position,  and,  as  I 
believe,  not  surpassed  either  in  the  variety  and  extent  of  his 
legal  learning,  the  vigor  and  acuteness  of  his  logical  facul- 
ties, or  the  purity  of  his  professional  and  private  life,  by  any 
man  in  this  country,  or  elsewhere — I  mean  Chief  Justice 
Taney,  with  whom  I  consider  it  to  be  exceedingly  fortunate 
that  I  concur  in  opinion  on  this  question. 

Next,  sir,  I  may  be  allowed  to  mention  a  gentleman  from 
Georgia,  a  member  of  General  Jackson's  Cabinet,  his  first 
Attorney  General,  for  many  years  a  distinguished  ornament 
of  this  body,  and  now,  in  spite  of  years  somewhat  advancing, 
retaining  all  the  vigor  of  those  physical  and  intellectual  fac- 
ulties which  made  Mr.  Wirt  characterize  him,  thirty  years 
ago,  as  a  man  of  splendid  ability,  and  who  tit  this  time  main- 
tains, as  he  has  done  for  thirty  years,  a  proud  position  in 
the  front  ranks  of  his  noble  profession — I  mean  Mr.  Berrien, 
of  Georgia. 

Then,  sir,  I  may  mention  a  gentleman  who  was  also  once 
an  Attorney  General  of  the  United  States,  Secretary  of  the 
Treasury,  and  Minister  to  England  and  to  France,  himself 
more  intimately  connected  with  this  institution  than  any 
other  person  whom  I  know,  having  been  the  agent  ap- 
pointed by  the  Government  of  the  United  States  to  proceed 
to  London  and  prosecute  the  suit  in  chancery,  upon  which 
the  determination  of  this  fund  depended  ;  a  gentleman  of 
ample  ability,  of  high  cultivation,  and  mature  experience — 
I  mean  Mr.  Richard  Rush,  of  Pennsylvania. 

I  shall  not,  in  his  presence,  bestow  any  eulogium  upon 
my  friend,  the  honorable  Senator  from  Virginia,  [Mr.  Ma- 
son,] who  is  one  of  those  who  have  concurred  with  me.  But 
even  in  his  presence  I  may  say  this  much :  that  for  many 
years — more  perhaps  than  he  would  be  glad  to  acknowl- 
edge— he  has  been  engaged  in  a  large  and  successful  prac- 
tice, and  in  the  higher  walks  of  his  profession  ;  and  that 
this  furnishes  some  small  reason  to  infer  that  he  is  quite 
competent  to  construe  an  act  of  Congress. 

Or  the  other  members  of  the  Board  of  Regents  who  con- 
cur with  me,  I  need  not  make  mention  further  than  to  say 
that,  though  not  legal  men,  they  are  all  men  of  great  emi- 
nence in  this  country,  and  their  eminence  has  been  recog- 


THIRTY-THIRD    CONGRESS,    1853-55.  58i> 

nized  in  the  high  public  positions  which  they  have  occupied 
and  still  occupy  and  adorn. 

As  I  have  said  before,  sir,  this  is  some  small  consolation 
to  me  for  venturing  to  differ  from  Mr.  Choate,  who  so  un- 
qualifiedly condemns  all  those  who  oppose  him.  There  is 
something  rather  peremptory,  I  think,  in  the  manner  in 
which  he  announces  his  opinion  in  regard  to  the  construc- 
tion and  violation  of  this  law.  I  do  not  find  it  qualified  by 
the  expression  of  the  possibility  of  any  misconstruction  on 
his  part,  by  the  admission  that  intelligent  and  honorable 
men  might  well  differ  in  regard  to  that  construction.  Far 
be  it  from  me,  sir,  to  impute  to  those  who  differ  from  me 
any  want  of  intelligence  and  sincerity.  The  Senator  who 
sits  beside  me  [Mr.  Douglas]  is  one  who  differed  from  me 
in  the  board;  but  nothing  has  ever  occurred  because  of 
that  difference  to  diminish  the  respect  which  I  entertain 
for  himself,  his  talents,  and  abilities. 

Well,  now,  let  us  see,  for  a  moment,  what  are  those  re- 
quirements of  the  law,  which,  in  the  opinion  of  Mr.  Choate,. 
the  regents  have  neglected  or  violated.  The  act  organizing 
the  Smithsonian  Institution  has  prescribed  certain  definite 
objects,  due  attention  to  which  the  regents  undoubtedly  are 
bound,  in  good  faith,  to  pay.  It  has  required  us  to  erect  a 
building,  such  as  was  described  in  the  act — a  building  upon 
a  large  and  liberal  scale— sufficient  for  the  reception  and 
arrangement,  upon  that  scale,  of  collections  of  natural  his- 
tory, Including  a  geological  and  mineralogical  cabinet,  a. 
museum,  library,  chemical  laboratory,  a  gallery  of  art,  and 
lecture  rooms.  These  are  all  the  objects  specified  in 
the  act. 

There  is  another  clause  in  the  law  which  authorizes  the 
Board  of  Regents  to  apply  such  funds  of  the  institution  as 
are  not  specifically  appropriated  by  the  act,  or  required  for 
the  purposes  mentioned  in  it,  to  such  other  purposes  as  they 
may  deem  best  suited  to  carry  out  the  purposes  indicated  in 
the  will  of  Mr.  Smithson,  the  founder  of  the  institution. 
That  is  the  clause  to  which,  I  presume,  Mr.  Cboate  refers, 
when  he  says  there  are  some  discretionary  powers  which  he 
seems  to  think  very  insignificant,  and  which  are  given  to  the 
regents,  in  his  opinion,  only  to  enable  them  to  carry  out  the 
details  of  the  plan  prescribed  by  the  act  of  Congress,  or,  as 
merely  subsidiary  to  the  general  authority  which  Congress 
had  bestowed  upon  the  regents  in  regard  to  the  library, 
museum,  and  gallery  of  art. 

But,  sir,  while  Congress  has  thus  prescribed,  generally, 
the  features  which  they  chose  to  give  to  this  institution,  1 


540  CONGRESSIONAL    PROCEEDINGS. 

apprehend  it  will  be  found,  on  an  examination  of  the  instru- 
ment, that  the  discretionary  powers  conferred  upon  the  re- 
gents are  far  larger  than  those  ascribed  by  the  retiring 
regent.  The  Board  of  Regents  have  recognized  fully  and 
constantly  the  obligation  upon  them  of  every  requisition 
contained  in  that  law,  and  I  think  they  have  faithfully  ful- 
filled those  requisitions.  They  have  erected  the  building 
required  bylaw;  they  have  designed  and  completed  it  upon 
a  large  and  liberal  scale.  They  have  made  provision  for  the 
collection  and  arrangement  of  objects  of  natural  history. 
They  have  made  appropriations  for  a  library,  and  have  made 
a  beginning  with  a  gallery  of  art.  The}'  have  established  a 
chemical  laboratory,  which  is  one  of  the  objects  enjoined  iu 
the  act;  and  they  have  provided  lecture  rooms,  specified  in 
the  law.  They  have  not  appropriated  a  very  large  portion 
of  the  funds  of  the  institution  for  the  library,  though,  in  this 
respect,  the  amount  applied  has  been  far  greater  than  is 
generally  supposed;  and  that  is,  after  all,  the  real  gist  of  the 
con  trovers}7. 

It  is  singular,  that,  in  the  act  of  Congress  there  is  a  limi- 
tation upon  the  appropriations  for  a  library,  and  no  limit  to 
the  appropriations  which  may  be  made  for  any  other  of  the 
designated  objects.  The  limitation  in  the  library  expendi- 
ture was  rather  inappropriately  added  to  one  of  the  sections 
of  the  bill,  to  which  it  was  not  germane.  It  forbids  the 
application  of  more  than  §25,000  per  annum  to  that  pur- 
pose; but  the  act  does  not,  anywhere,  require  the  regents 
to  expend  annually  that  amount.  It  establishes  no  mini- 
mum below  which  they  shall  not  fall  in  their  appropria- 
tions; but  it  simply  establishes  a  maximum,  beyond  which 
they  shall  not  go.  That  has  been  done  by  Congress,  in  re- 
gard to  the  library,  but  in  regard  to  no  other  object  of 
expenditure.  Well,  sir,  the  regents,  in  their  discretion, 
have  not  thought  it  necessary  or  expedient  to  expend  the 
whole  amount  of  the  sum  to  which  they  were  limited  by 
that  provision  of  the  act,  and  hence,  I  think,  all  the  difficul- 
ties in  regard  to  this  matter.  They  could  not  understand 
the  words  "  not  exceeding  $25,000,"  to  mean  not  less  than 
§25,000,  or  to  mean  nearly  §25,000,  or  to  signify  anything 
else  than  that  such  was  the  utmost  limit  of  expenditure 
authorized  by  the  act  for  this  purpose.  The  words  neces- 
sarily imply  that  the  regents  might  expend  less  than  that 
sum,  and  the  question,  how  much  less,  was  one  purely  for 
their  discretion. 

The  regents  supposed  that,  when  the  act  of  Congress  made 
it  their  imperative  duty  to  provide  a  suitable  building,  with 


THIRTY-THIRD    CONGRESS,    1853-55.  541 

proper  and  necessary  lecture  rooms,  Congress  did  not  mean 
those  lecture  rooms  to  be  empty  and  voiceless.  They  sup- 
posed that  the  lecture  rooms  could  only  be  used  by  employ- 
ing lecturers,  and  causing  lectures  to  be  delivered.  They 
thought  that  a  necessary  and  irresistible  inference.  They 
did  not  suppose  that  this  was  any  strained  construction — 
any  forced  implication ;  but  that  it  followed  as  necessarily 
as  light  follows  the  rising  of  the  sun.  As  the  provision  for 
lecture  rooms  was  mandatory,  there  was  not  even  a  discre- 
tion as  to  lectures.  They  were  a  matter  of  course,  and  the 
regents  would  have  been  justly  censurable  if  they  had  failed 
to  adopt  this  necessary  means  of  giving  utility  to  the  lecture 
rooms. 

Congress  further  made  it  the  imperative  duty  of  the  re- 
gents to  establish  a  chemical  laboratory.  For  what  purpose  ? 
Why,  I  presume  for  physical  researches.  If  not  for  that, 
then  for  no  purpose.  It  was  idle  and  nugatory  in  Congress 
to  require  the  Regents  of  the  Smithsonian  Institution  to 
establish  a  chemical  laboratory,  if  the}7  were  to  make  no  re- 
searches. For  the  purpose  of  illustration  of  lectures,  a  little 
apparatus  would  have  been  all-sufficient.  The  regents  have 
felt  themselves  bound  to  encourage  researches,  and  have 
considered  that  they  were  authorized  not  only  to  direct  re- 
searches in  physical  science,  but  to  publish  them ;  for  this 
institution,  we  must  remember,  is  "for  the  increase  and  dif- 
fusion of  knowledge  among  men;"  and  if  we  are  bound  to 
have  a  chemical  laboratory,  and  if  we  are  as  necessarily 
bound  to  cause  researches  to  be  made,  I  would  ask,  of  what 
use  are  the  researches?  How  shall  we  increase  and  diffuse 
knowledge  of  them  among  men  if  we  seal  them  up,  and  do 
not  publish  them  to  the  world?  As  the  collections  of  nat- 
ural history  would  be  nothing  more  than  a  show,  if  we  were 
satisfied  with  merely  placing  and  arranging  them  in  a  mu- 
seum, we  think  that  they  should  be  described.  They  can 
best  be  made  available  for  the  increase  and  diffusion  of' 
knowledge  by  causing  them  to  be  described  by  scientific 
men  in  memoirs,  such  as  are  published  by  the  institution. 
We  have  thought,  then,  that  publication  was  as  necessary 
a  result,  from  the  express  powers  of  the  grant,  as  any  other 
duty  which  the  regents  had  to  perform. 

We  did  not  think  that  the  sole  limit  of  our  power.  We 
did  suppose  that,  under  the  large  discretion  given  in  the 
ninth  section  of  the  act,  it  was  the  regents  who  were  to  con- 
sider how  much  of  the  funds  of  the  institution  were  prop- 
erly to  be  applied  to  the  objects  specified  by  the  act.  Since 
Congress  itself  has  not  told  us  how  to  apportion  the  funds 


542  CONGRESSIONAL    PROCEEDINGS. 

of  the  institution  among  those  objects,  it  followed,  there- 
fore, that  the  regents  must  have  a  discretion  in  that  regard, 
and  if  they  have  a  discretion,  where  is  the  limit?  Nowhere, 
except  that  we  may  not  expend  more  than  $25,000  on  the 
library  in  any  one  year.  Then  we  supposed  the  general 
provisions  of  that  ninth  section,  which  gave  us  the  right  to 
apply  the  funds,  not  wanted  for  the  other  objects,  in  siu-h 
manner  as  we  might  think  most  conducive  to  the  purposes 
of  Smithson's  will,  was  ample  enough  to  justify  us  in  insti- 
tuting1 researches,  and  making  publication  of  the  results. 
Here  is  the  section  in  question  : 

SEC.  9.  And  be  it  further  enacted,  That  of  any  other  moneys  which  have 
accrued,  or  shall  hereafter  accrue,  as  interest  upon  the  said  Smithsonian 
fund,  not  herein  appropriated,  or  not  required  for  the  purposes  herein  pro- 
vided, the  said  managers  are  hereby  authorized  to  make  such  disposal  MS 
they  shall  deem  best  suited  for  the  promotion  of  the  purpose  of  the  testator, 
anything  herein  contained  to  the  contrary  notwithstanding. 

It  does  not  confine  the  discretion  of  the  regents  to  the 
details  necessary  in  carrying  out  the  specified  objects,  but 
extends  it  to  other  obj.ects,  being  such  as  they  shall  deem 
best  suited  for  the  promotion  of  the  purpose  of  the  testator; 
that  is,  the  increase  and  diffusion  of  knowledge  among  men. 
So  that  it  is  not,  as  Mr.  Choate  supposes,  merely  a  trust  for 
the  designated  objects,  but  for  such  other  purposes  as  corre- 
spond with  the  intention  of  the  will,  anything  else  contained 
in  the  act  to  the  contrary  notwithstanding.  Under  the  au- 
thority of  this  section,  wr  have  thought  proper  to  stimulate 
researches  not  prosecuted  within  the  walls  of  the  building, 
nor  confined  to  specimens  of  natural  history  deposited  in  its 
collections.  They  are  described  in  the  plan  of  organization, 
iind  include  historical,  ethnological,  and  statistical  inqui- 
ries, meteorological  observations  for  solving  the  problem  of 
American  storms,  and  experimental  problems  in  electricity, 
light,  &c.,  &c.  To  this  may  be  added  the  publication  of  re- 
ports on  the  new  discoveries  of  science,  of  a  character  highly 
useful  and  practical. 

It  has  been  supposed,  sir,  that  the  true  interpretation  of 
this  act  could  be  found  by  going  outside  of  the  la.w.  Mr. 
Choate  has  intimated,  in  his  letter,  that  if  we  look  at  its 
parliamentary  history  we  shall  see  what  is  its  true  interpre- 
tation. I  understand  to  what  he  refers.  The  original  bill 
was  introduced  into  the  House  of  Representatives;  a  substi- 
tute was  offered  for  the  bill  reported  by  the  committee;  that 
substitute  was  amended  by  striking  out  some  of  its  provis- 
ions and  inserting  one  or  two  others,  which  do  not  affect 
this  question.  The  intimation  is,  that,  if  we  look  to  the 
proceedings  of  the  House  of  Representatives,  (not  of  the 


THIRTY-THIRD    CONGRESS,    1853-55.  543 

Senate,  because  in  the  Senate  there  was  no  discussion  of  the 
bill,  and  the  amendments  offered  and  rejected  do  not  furnish 
evidence  of  the  construction  given  to  it  by  that  body,)  we 
shall  find  that  such  amendments  were  made  as  are^inconsis- 
tent  with  the  construction  which  the  regents  now  give  to  the 
act.  Principally  they  were  two.  There  was  a  specific  pro- 
vision requiring  professors  and  lecturers  to  be  employed. 
That  was  stricken  out.  Very  true;  but  then  there  was  left 
in  the  bill  the  provision  for  lecture  rooms,  which  I  think  I 
have  shown,  imperatively  required  that  there  should  be  lec- 
tures, and,  of  course,  authorized  the  employment  of  persons 
to  lecture. 

Then  there  was  a  provision  in  regard  to  researches  and 
publications;  that  was  stricken  out,  too;  but,  I  think,  I  have 
shown  that  the  duty  of  the  regents  was  to  institute  researches 
and  make  publications  under  the  law  as  it  stands.  And 
when  we  look  at  the  circumstances  attending  the  striking 
out  of  those  provisions,  we  find  this  to  be^  the  fact.  The 
provision  in  regard  to  researches  and  publications  author- 
ized Congress  to  call  upon  the  regents  at  any  time  to  cause 
those  publications  to  be  printed  and  supplied  to  members  of 
Congress,  to  be  distributed  as  public  documents.  Now,  it 
may'very  well  have  been  that  those  who  voted  to  strike  out 
this  provision  were  induced  to  do  so  by  the  single  item  of  it 
which  I  have  just  mentioned,  or  they  may  have  thought 
these  provisions  superfluous,  being  well  supplied  by  the  large 
discretionary  powers  given  in  the  ninth  section  which  I  have 
quoted.  It  is,  however,  neither  according  to  legal  rules  nor 
right  reason  to  look  to  the  speeches  and  proceedings  of  the 
legislature  for  the  construction  of  a  statute  which  is  itself 
the  embodiment  of  the  legislative  will,  and  furnishes 
copious  sources  of  construction  by  the  examination  and 
comparison  of  its  various  provisions  and  the  admitted  pur- 
pose of  its  enactment.  Certain  it  is  that  the  striking  out 
of  those  specific  provisions  cannot  invalidate  the  general 
grants  of  power,  and  the  necessary  implications  from  those 
.grants,  which  I  have  mentioned. 

JS'ow,  we  have  a  library  of  fifteen  thousand  volumes,  for 
the  most  part  composed  of  the  most  valuable  works  pertain- 
ing to  all  branches  of  human  knowledge,  besides  ten  thou- 
sand parts  of  volumes  and  pamphlets.  Their  literary  and 
scientific  value  is  to  weighed,  not  counted.  The  money 
value  of  our  library  is  estimated  by  the  officers  of  the  insti- 
tution at  §40,000.  We  have  a  museum,  the  money  value  of 
which  is  estimated  at  $30,000.  We  have  apparatus  valued 
at  $10,000. 


544  CONGRESSIONAL    PROCEEDINGS. 

This  is  what  the  regents  have  done  in  direct  pursuance  of 
the  objects  prescribed  by  Congress ;  and  the  other  things 
which  they  have  done — the  publications  they  have  made — 
they  suppose  not  to  be  incompatible  with  the  expressed  ob- 
jects of  an  institution  "for  the  increase  and  diffusion  of 
knowledge  among  men/'  not  to  be  violative  of  the  letter  or 
spirit  of  the  law,  but  to  be  wholly  consistent  and  in  harmony 
with  it,  and  auxiliary  to  the  objects  which  are  provided  for 
in  the  law.  The  publications  not  only  diffuse  knowledge 
among  men,  but  they  bring  back  to  us,  in  liberal  abundance,, 
the  transactions  and  publications  of  learned  societies  in  other 
countries,  and  thus  furnish  us  with  valuable  works  pertain- 
ing to  all  branches  of  knowledge;  many  of  which  are  not  to 
be  purchased  with  money,  and  enable  us  to  carry  out  one 
requirement  of  the  law — the  GRADUAL  formation  of  a  library. 

In  regard  to  the  resolutions  of  compromise,  to  which  Mr. 
Choate  has  referred,  the  repeal  of  which  is  the  great  ground 
of  complaint,  here  allow  me  to  say — for  I  will  not  consent 
to  detain  the  Senate  much  longer — those  resolutions  were 
passed  at  the  organization  of  the  institution.  They  proposed 
an  equal,  or  nearly  equal,  division  of  the  funds  of  the  institution 
between  the  objects  specified  in  the  law,  and  the  auxiliary 
objects  which  we  are  justified  by  the  letter  and  the  spirit  of 
the  law,  as  I  think  I  have  shown,  in  pursuing.  Well,  sir,  it 
occurred  to  the  regents  recently — for  some  time  past  it  has 
been  a  matter  of  consultation  among  them — that  it  would 
be  well  to  repeal  those  resolutions  of  compromise;  that  there 
was  no  propriety  in  the  Board  of  Regents,  at  the  commence- 
ment of  the  organization  of  the  institution,  tying  their  own 
hands,  and  those  of  their  successors,  so  as  to  compel  a  par- 
ticular scale  of  appropriation  throughout  all  time.  It  has 
been  supposed  to  be  right  to  leave  them  unfettered,  so  that 
they  may  annually  make  appropriations  such  as  are,  in  their 
judgment,  according  to  the  intrinsic  importance  of  the  ob- 
jects appropriated  for,  and  in  fulfillment  in  good  faith  of  the 
purposes  of  the  law,  for  that  we  have  never  lost  sight  of. 
Now  let  me  read  to  the  Senate  one  of  the  resolutions  adopted 
by  the  board,  which  are  the  cause  of  Mr.  Choate's  resigna- 
tion. One  repeals  the  compromise  resolutions  which  I  have 
mentioned.  The  other  is  in  these  words : 

Resolved,  That  hereafter  the  annual  appropriations  shall  be  apportioned 
specifically  among  the  different  objects  and  operations  of  the  institution,  in 
such  manner  as  may,  in  the  judgment  of  the  regents,  be  necessary  and 
proper  for  each,  according  to  its  intrinsic  importance,  and  a  compliance  in 
good  faith  with  the  law. 

That  is  the  resolution  which  is  considered  as  subverting 


THIRTY-THIRD    CONGRESS,    1853-55.  545 

the  plan  established  by  Congress,  as  repealing,  in  effect,  the 
act  of  Congress,  and  setting  up  the  will  of  the  regents  in 
place  of  the  will  of  the  National  Legislature ! 

Something  is  said  in  the  letter  about  the  greatly  aug- 
mented powers  of  the  secretary  of  the  institution.  I  know 
of  no  augmentation  of  the  power  of  the  secretary.  A  ques- 
tion has  arisen  as  to  his  right  to  discharge  one  of  his  assist- 
ants. The  board  had  determined  that  he  has  a  right  to 
discharge  any  of  his  assistants  without  a  reference  to  the 
board.  They,  however,  have  a  controlling  authority  over 
the  whole  subject;  and  if  the  secretary  should  abuse  his 
power  in  that  respect,  they  would  remove  him,  as  they  can 
at  any  time  remove  all  or  any  of  his  assistants,  or  the  sec- 
retary himself.  I  may  add,  sir,  that  the  secretary  of  the  in- 
stitution is  a  gentleman,  as  well  as  widely  known  to  the 
world  of  science;  a  profound  philosophic  scholar,  and  a 
man  of  pure  and  stainless  life. 

Mr.  President,  considering  the  form  in  which  this  matter 
has  been  brought  before  us — as  a  solemn  appeal  from  a  re- 
tiring member  of  the  Board  of  Regents  to  the  Senate,  and 
to  the  public — it  has  seemed  to  me  that  it  would  be  proper 
that  the  Senate  should  investigate  the  subject.  It  has  oc- 
curred to  me  that  it  would  be  proper  to  appoint  a  special 
committee  for  that  purpose.  I  make  the  suggestion,  but  I 
do  not  submit  any  motion.  If  I  were  to  submit  such  a  mo- 
tion, according  to  parliamentary  usage,  I  should  be  put  on 
the  committee  as  chairman — a  position  which  I  could  by  no 
means  think  of  accepting.  It  would,  I  think,  be  neither 
delicate,  nor  in  any  respect  proper,  that  a  member  of  the 
Board  of  Eegents  should  sit  in  judgment  on  his  own  cause, 
and  over  his  fellows  from  whom  he  has  differed.  I  throw 
out  the  suggestion,  however,  with  the  hope  that  some  Sen- 
ator will  submit  the  proper  resolution. 

MR.  MASON.  Mr.  President,  I  regret  that  the  learned  and 
distinguished  gentleman  who  has  declined  further  service  in 
this  public  trust,  should  have  accompanied  his  resignation 
by  a  communication  of  the  character  which  has  been  com- 
mented on  by  the  honorable  Senator  from  Maryland.  I 
regret  it  because  it  is  impossible  that  such  a  communication 
should  be  allowed  to  pass  in  silence  when  addressed  to  the 
Senate,  where  are  found  some  of  those  who  have  been  asso- 
ciated in  that  trust  with  the  writer  of  the  letter.  I  regret  it, 
because  it  is  unpleasant  and  ungrateful  to  speak  of  the  opin- 
ions or  conduct  of  those  who  are  absent;  but  I  feel  at  liberty 
to  do  so  on  the  present  occasion,  because  the  gentleman 
35 


54G  CONGRESSIONAL    PROCEEDINGS. 

who  has  written  this  letter  has  chosen  to  challenge  opinion 
here. 

Now,  sir,  what  has  heen  done?  A  regent  of  the  Smith- 
sonian Institution,  who  has  been  connected  with  it,  I  be- 
lieve, from  the  foundation  of  the  institution,  occasionally  as 
a  member  of  this  body,  chosen  a  regent  by  the  vote  of  the 
Senate,  and  occasionally  as  a  citizen  at  large,  clothed  with 
the  high  honor  (for  it  is  a  very  high  honor)  of  an  adminis- 
trator of  this  trust,  has  declined  further  service;  and  lias 
assigned,  as  one  of  the  reasons,  and  as  this  paper  alleges 
the  dominant  reason  for  declining  it,  that  he  does  not  agree 
with  his  associates  in  their  mode  of  administration.  I  do 
not  feel  at  liberty  to  say  that  such  a  course  of  conduct  would 
not  be  expected  of  one  so  honored,  because  the  gentleman 
who  wrote  the  letter  is  absent;  but  I  should  say  that,  ac- 
cording to  my  ideas  of  what  is  due  to  the  trust,  if  he  be- 
lieved there  was  mnl-administration,  it  was  the  very  last 
occasion  when  he  should  have  resigned;  he  should  have 
remained  there  in  order  that  the  inquiry  which  he  has  pro- 
voked might  be  conducted  in  his  presence,  and,  to  some 
extent,  under  his  guidance. 

But,  sir,  he  has  resigned  the  trust,  and,  in  doing  so,  he 
has  shot  a  Parthian  arrow  at  those  who  were  associated 
with  him.  What  is  the  character  of  his  letter?  None  can 
read  without  being  struck  with  its  tone,  which  was  so  justly 
animadverted  upon  by  my  co-regent,  the  honorable  Senator 
who  has  just  addressed  you.  I  have  been  accustomed,  Mr. 
President,  to  find,  in  that  profession  to  which  I  belong,  and 
of  which  I  am  a  very  humble  member,  that,  whether  at  the 
bar  or  on  the  bench,  the  surest,  the  soundest,  and  the  ablest 
intellect,  gives  its  judgment  with  diffidence,  courtesy,  and 
respect  for  the  opinions  of  others.  I  have  generally  found, 
too,  in  my  experience  of  the  world,  that  the  soundest  judg- 
ment is  the  judgment  which  is  accompanied  by  such  diffi- 
dence. Now,  what  is  the  tone  of  this  communication?  The 
confident  tone  of  Sir  Oracle — of  one  whose  judgment  can- 
not be  impugned,  and  should  not  be  questioned.  "/  can- 
not be  wrong,"  says  the  writer  of  this  paper,  in  substance, 
"let  others  vindicate  their  judgment  if  they  can."  That  is 
what  he  says,  and  he  has  assigned,  as  the  startling  reason 
for  resigning  this  trust,  that  he  differed  from  his  associates 
in  the  construction  of  an  act  of  Congress;  there  is  no  im- 
propriety even  hinted  in  the  conduct  of  his  associate  regents; 
but  he  rests  it  exclusively  on  the  ground  that  they  have 
misinterpreted  the  law  which  created  the  trust,  and  there 


THIRTY-THIRD    CONGRESS,    1853-55.  547 

is  no  appeal  from  the  decision  of  the  learned  gentleman 
Avho  pronounces  the  judgment.  That  is  infallible. 

Sir,  I  have  known  instances — others,  more  experienced 
than  I  am,  have  known  of  more — where  the  judgment  is 
found  darkened  in  the  flashes  of  a  brilliant  mind;  a  mere 
rhetorician  should  never  aspire  to  the  judgment  seat.  I 
would  appeal  to  the  experience  of  the  world  to  say,  whether 
there  is  not  an  infirmity  attendant  upon  such  minds,  which 
never  admit  that  they  may  be  wrong.  The  calm,  sedate, 
deliberate,  slow,  and  cautious  mind," brings  you  to  a  cor- 
rect conclusion ;  and  when  attained,  submits  it  with  defer- 
ence arid  respect  to  those  who  are  to  pass  upon  it.  Confi- 
dence, that  confidence  which  precludes  doubt,  does  not  be- 
long to  those  who  are  capable-  of  pronouncing  judgment. 

Mr.  President,  I  shall  not  go  over  the  ground  so  lucidly 
occupied  by  the  very  able  gentleman  who  preceded  me, 
with  whom  I  have  been  associated  in  this  trust.  It  is  a 
pure,  a  high,  and  honorable  trust,  one  conceived  by  a  noble 
mind — the  late  James  Smithson.  He  pursued  science  as  the 
great  mistress  of  his  affections;  he  pursued  it  to  his  grave; 
and  he  left  behind  him  this  legacy.  To  whom?  He  had 
the  world  to  choose  from.  He  was  an  Englishman.  He 
had  never  been  upon  this  continent.  He  possessed  a  large 
fortune.  The  high  benevolence  of  his  nature  determined 
him,  when  he  left  the  world,  to  devote  that  fortune,  in  the 
hands  of  others,  to  the  pursuit  of  science,  when  the  world 
closed  upon  him.  As  I  have  said,  he  had  the  world  to 
choose  from,  and  he  signalized  this  country  and  its  institu- 
tions by  his  choice.  He  left  his  fortune  to  the  UNITED 
STATES,  in  trust  for  the  establishment  of  an  institution  at 
Washington,  "for  the  increase  and  diffusion  of  knowl- 
edge." Where?  In  Washington?  In  the  United  States? 
Upon  this  continent,  broad  as  it  is?  No;  "AMONGST  MEN" 
is  the  language  of  the  trust. 

If  I  arn  capable  of  reading  the  signs  of  the  times,  there 
are  those,  of  whom  we  have  plenty,  Heaven  knows,  around 
us  everywhere,  who  look  upon  a  public  fund,  no  matter  to 
what  object  it  has  been  devoted,  or  how  small  the  trust,  as 
a  thing  to  be  scrambled  for,  and  appropriated  by  the  first 
needy  or  lucky  adventurer.  For  the  last  twelve  months  the 
newspapers  have  been  full  of  intimations,  coming,  generally, 
from  the  northern  and  eastern  sections  of  the  country,  throw- 
ing suspicion  and  doubt  upon  the  management  of  this  trust, 
intimating  that  it  has  been  perverted  from  its  original  pur- 
pose;  in  substance,  that  it  was  in  improper  hands,  and 
should  be  taken  from  them;  invoking,  in  some  insidious 


548  CONGRESSIONAL    PROCEEDINGS. 

manner,  the  action  of  Congress  upon  the  subject;  and  alt 
for  what?  To  get  hold  of  the  fund.  What  use  was  to  be 
made  of  it  after  it  was  thus  obtained,  those  best  know  who 
join  in  the  pursuit.  Let  me  be  understood.  I  ascribe  no 
such  motive  to  the  very  learned  and  distinguished  writer  of 
the  letter  before  us.  I  have  the  honor  only  of  a  very  formal 
acquaintance  with  him;  but  I  know  his  history  and  his  char- 
acter, and  that  assures  me  he  can  never  lend  himself  to  any 
unworthy  purpose ;  but  yet  I  have  strong  reason  to  believe 
that,  if  the  objects  which  he  seems  to  have  in  view,  could 
be  obtained,  this  pure  and  simple  trust,  which  has  been  ac- 
cepted by  the  American  people,  would  be  debased  into  a 
mere  pecuniary  job. 

Sir,  the  letter  of  Mr.  Choate,  unfortunately,  brings  back 
into  the  Halls  of  Congress  the  great  controversy  which  at- 
tended this  fund  when  it  was  iirst  brought  into  the  country. 
There  was  a  great  struggle  for  it  among  the  men  of  science, 
in  the  mechanic  arts,  and  in  other  of  the  useful  and  honor- 
able pursuits  of  life.  The  parliamentary  history  to  which 
the  writer  has  referred  in  the  letter  shows  it.  There  were 
those  who  believed  that  this  fund  should  be  devoted  exclu- 
sively to  a  library,  to  a  great  collection  of  books — books  in 
every  department  of  science,  of  art,  and  belles  lettres.  The 
writer  of  this  letter  shows  that  he  was  one  of  those  who  de- 
sired so  to  devote  it;  to  a  library — a  library,  to  the  exclu- 
sion of  everything  else — a  collection  of  books.  I  am  free  to 
believe,  and  declare,  that  I  entertain  no  doubt  this  learned 
and.  distinguished  gentleman  believed  that  the  best  mode  of 
increasing  knowledge,  as  well  as  diffusing  it  amongst  men, 
was  to  establish  a  library.  But  suppose  it  were  done. 
There  is  an  annual  revenue  derived  from  the  Smithsonian 
fund  of  some  $30,000  or  $40,000.  So  much  is  to  be  devoted, 
in  perpetua,  I  suppose,  to  the  purchase  of  books,  which  are 
to  be  stored  here  on  shelves,  in  the  city  of  Washington ; 
and  who  is  to  read  them?  Why,  sir,  the  members  of  Con- 

fress  have  little  time  to  read  the  books  which  accumulate 
ere  in  the  public  library.     The  citizens  of  Washington 
form  a  very  small  portion  of  the  people  of  these  United 
States;  and  thus  this  great  trust,  which  was  intended  for 
MANKIND,,  would  be  limited  to  the  walls  of  Washington. 

There  is  another  great  objection  to  it,  Books  are  derived 
from  booksellers.  Booksellers  are  connected  with  book- 
makers, and  bookmakers  and  booksellers,  with  that  hungry 
legion,  who  all  live,  and  of  whom  some  grow  rich,  on  the 
spoils  of  genius  and  industry.  Then  there  are  the  paper- 
makers,  and  the  book  printers,  and  publishers,  and  the 


THIRTY-THIRD    CONGRESS,    1853-55. 

•stereotypists,  all,  all,  would  be  hovering  around  this  fund, 
to  say  nothing  of  factorage,  commission,  foreign  travel  to 
pick  up  rare  works,  and  the  ten  thousand  jobs  that  follow 
in  such  a  train,  where  money  is  to  be  spent  by  law  in  large, 
annual,  stated  sums  to  buy  books;  and  at  last  what  would 
you  have  done?  Why,  you  would  have  taken  this  great, 
noble  beneficent  donation  to  mankind,  and  converted  it  into 
a  fruitful  job  for  every  race  of  needy  and  artful  adventurers. 

Sir,  if  a  library  is  to  be  established  at  Washington  for 
public  use,  vote  the  money  from  the  Treasury.  Smithson 
did  not  intrust  this  fund  to  you  for  such  a  purpose,  or  he 
would  have  said  so  in  his  will ;  and  he  has  not  said  it. 

I  have  said  that  it  is  unfortunate  that  this  matter  should 
again  be  brought  before  the  Senate.  The  battle  was  foughf 
here  for  years.  That  parliamentary  history  to  which  the 
writer  of  the  letter  has  had  reference  shows  it.  He  claims 
that,  under  the  true  interpretation  of  the  act  of  Congress, 
the  library  scheme  prevailed.  A  majority  of  those  who 
have  been  associated  with  him  in  the  Board  of  Regents 
have  decided  otherwise.  They  understand  the  law  to  mean 
that  discretion  is  vested  in  the  Board  of  Regents  to  build  up 
-a  library  in  this  great  institution,  in  such  manner,  and  at 
such  time,  as  the}^  shall  find  most  conducive  to  the  great 
objects  of  the  trust.  That  is  all.  Sir,  this  battle  should 
not  be  fought  over  again.  I  trust  we  shall  not  present  to 
the  European  world,  whence  this  fund  is  derived,  the  spec- 
tacle that,  at  this  early  day,  when  the  streams  of  light  and 
knowledge  which,  I  hope,  are  to  flow  from  this  institution, 
have  hardly  yet  made  their  appearance,  that  we  are  scram- 
bling indecently  over  the  cradle  of  the  trust. 

I  Tiave  said,  Mr.  President,  that  this  is  a  pure  trust. 
There  is,  fortunately,  no  emolument  of  any  kind  attendant 
upon  its  administration.  I  have  been,  for  some  years,  hon- 
ored by  the  Senate  of  the  United  States  as  one  of  the  man- 
agers of  that  trust.  I  conceive  it  to  be  a  very  high  honor. 
It  is  because  of  the  duty  which  I  owe  to  the  trust  thus  com- 
mitted to  me  that  I  detain  the  Senate  for  a  few  moments. 

I  perceive  that  the  subject  has  been  taken  up  in  the  other 
House,  at  the  instance  of  one  of  the  regents,  [Mr.  Meacham,] 
an  honorable  member  there,  who,  as  the  journals  have  been 
published,  it  is  now  fair  to  say,  voted  with  the  writer  of 
this  letter.  On  his  motion,  a  committee  has  been  raised, 
which  is,  perhaps,  proper  enough;  but  I  must  say,  with 
very  great  respect  for  that  body,  that  the  committee  has 
been  vested  with  very  extraordinary  power  for  such  an 
Inquiry — the  power  "  to  send  for  persons  and  papers." 


550  CONGRESSIONAL    PROCEEDINGS. 

This  would  seem  to  convey  an  imputation  that  the  body  of 
gentlemen  who  are  charged  with  the  administration  may 
require  a  police  officer  or  a  messenger  from  this  Capitol  to 
get  from  them  papers  or  other  evidence.  I  regret  it,  sir; 
but  straws  show  how  the  wind  blows,  and  this  strange  and 
exigent  demand  of  power  for  the  committee  has  its  own 
meaning,  which  time  may  disclose. 

I  am  indisposed,  sir,  to  commit  myself,  as  to  any  present 
disposition  of  this  paper,  and  I  submit,  therefore,  to  the 
Honorable  Senator  from  Maryland  that,  for  the  present,  it 
would  be  better  to  allow  it  to  lie  on  the  table  until  it  can 
be  considered  by  the  Senate  what  disposition  should  be 
made  of  it. 

Mr.  PEARCE.  I  beg  leave  to  say,  in  regard  to  the  sug- 
gestion of  the  honorable  Senator  from  Virginia,  that  I 
remain  of  opinion  that  this  paper  should  be  referred  to  a 
select  committee  of  this  body.  I  do  not  think  that  the 
fact  that  it  is  the  subject  of  investigation  by  a  committee 
of  the  House  of  Representatives,  should  operate  to  pre- 
vent us  from  committing  it  to  a  committee  of  our  own 
body.  I  have  no  doubt  that  House  took  such  action  as 
seemed  to  them  to  be  proper ;  but  I  submit,  with  due  re- 
spect to  the  House  of  Representatives,  that,  no  matter  what 
may  be  the  action  of  that  House,  it  is  for  the  Senate  to  act 
independently.  However,  I  make  no  motion  for  reference- 
to  a  select  committee,  because  I  am  a  member  of  the  Board 
of  Regents,  and  I  do  not  wish  to  sit  in  judgment  on  my 
own  cause,  or  over  my  fellow  regents. 

Mr.  DOUGLAS.  I  regret,  Mr.  President,  that  there  should 
have  been  a  necessity,  in  the  estimation  of  any  gentleman, 
to  bring  the  affairs  and  management  of  the  Smithsonian 
Institution  before  Congress  for  its  action.  As  has  been 
stated  by  the  honorable  Senator  from  Maryland,  in  terms 
kind  and  respectful,  I  am  one  of  those  who  had  the  misfor- 
tune to  differ  from  a  majority  on  the  decision  of  the  various 
questions  referred  to  in  this  paper.  I  do  not  read  the  letter 
of  Mr.  Choate  in  the  same  sense  with  my  colleagues  who 
represent  J:he  Senate  in  that  institution,  [Messrs.  Pearce  and 
Mason,]  in  regard  to  its  spirit.  I  am  unable  to  perceive 
that  there  is  anything  disrespectful  or  unkind,  either  in  the 
terms  of  the  letter,  or  in  the  mode  in  which  he  has  expressed 
his  ideas.  I  have  listened  to  that  gentleman,  in  the  discus- 
sion before  the  Board  of  Regents,  with  admiration  for  his 
ability  and  his  eloquence,  and  with  equal  admiration  for 
that  high  courtesy  which  characterized  everything  that  he 
said  and  did.  Although  there  is  a  firmness  and  a  direct- 


THIRTY-THIRD    CONGRESS,    1853-55.  551 

ness  in  which  he  has  expressed  his  opinions  in  the  letter  of 
resignation,  I  am  unable  to  perceive  that  there  is  either  an 
arrogance  or  anything  else  which  ought  to  be  considered 
disrespectful.  After  expressing  his  opinions,  and  stating 
the  construction  of  a  majority  of  the  board  he  says  : 

*  In  this  interpretation  I  cannot  acquiesce  ;  and  with  entire  respect  for 
the  majority  of  the  board,  and  with  much  kindness  and  regard  to  all  its 
members,  I  am  sure  that  my  duty  requires  a  respectful  tender  of  my  resig- 
nation." 

In  other  places,  in  expressing  his  opinion,  he  says,  "  the 
law,  it  seems  to  me,  is  so  and  so."  I  think  there  is  a  re- 
spect and  kindness  running  through  the  whole  letter  which 
should  characterize  one  gentleman  of  high  attainments  and 
bearing  towards  another  who  is  his  equal,  accompanied, 
however,  with  the  firm  conviction,  on  his  part,  that  the  law 
has  not  been  interpreted  in  that  sense  in  which  it  should 
have  been  according  to  its  terms. 

I  confess,  sir,  that  I  concur  fully  in  that  firm  conviction 
of  his,  and  I  do  not  hesitate  to  express  it  boldly  and  plainly; 
and  yet  I  am  incapable  of  entering  an  unkind  feeling,  or 
giving  expression  to  an  unkind  inuendo,  or  of  entertaining 
for  a  moment  a  doubt  but  that  each  and  every  regent  has 
acted  conscientiously  according  to  his  sense  of  duty.  It  is 
a  case  where  there  is  a  diversity  of  opinion ;  where  each 
gentleman  intrusted  with  the  exercise  of  discretion,  where 
discretion  was  necessary,  and  interpretation  where  interpre- 
tation was  necessary,  has  performed  his  duty  conscientiously 
as  he  read  it  in  the  law.  Still,  I  must  say  that  my  inter- 
pretation of  that  law  is  different  from  that  of  the  honorable 
Senator  from  Virginia,  and  the  honorable  Senator  from 
Maryland,  and  of  a  majority  of  the  regents.  It  is  also  true 
that  the  gentleman  whose  great  name  and  many  public  ser- 
vices, and  private  and  public  virtues,  have  been  so  well 
portrayed  by  the  Senator  from  Maryland,  concurred  with 
the  majority,  and  to  that  extent  the  weight  of  authority  is 
cast  in  the  scale  against  the  side  which  I  embraced.  I  do 
not  wish  to  detract  one  iota  from  the  high  eulogium  which 
the  Senator  has  pronounced  on  those  gentlemen.  With  all 
respect  for  them,  and  for  their  opinions,  I  must  take  the  law 
itself  as  my  rule  of  guidance  while  performing  a  trust  im- 
posed on  me. 

It  may  be  that  my  mind  is  somewhat  biased  by  the  pro- 
ceedings, discussion,  and  action  in  the  House  of  Represent- 
atives when  this  institution  was  established.  I,  at  that  time, 
participated,  to  some  extent,  although  in  a  small  degree,  in 
the  proceedings  which  took  place  in  regard  to  the  creation 


552  CONGRESSIONAL    PROCEEDINGS. 

•of  the  institution.  I  at  no  time  allowed  my  feelings  to  be- 
come enlisted,  much  less  excited,  on  the  subject.  But  when 
.all  the  various  plans  were  presented  there  for  the  organiza- 
tion of  the  institution,  and  especially  the  library  plan,  as  a 
principal  feature,  not  an  exclusive  one,  in  antagonism  to  a 
plan  that  the  library  should  be  a  subordinate  feature,  or  that 
there  should  be  no  library  at  all,  it  is  my  firm  conviction 
that  Congress,  by  its  action,  did  sanction  the  policy  of  a 
library  as  a  principal,  but  not  an  exclusive,  feature  in  the 
institution.  In  other  words,  the  plan  proposed  by  Mr. 
Marsh,  of  Vermont,  in  opposition  to  that  of  Mr.  Hough,  •»}' 
New  York,  did  prevail,  and  the  main  features  of  Mr.  Marsh's 
plan  tended  to  the  establishment  of  a  library.  The  library 
plan,  as  it  was  called,  having  prevailed,  there  was  a  limita- 
tion on  the  amount  of  funds  to  be  devoted  to  that  plan,  in- 
serted in  the  law,  which  was,  that  out  of  the  $30,000  of  in- 
come of  the  institution,  not  exceeding  $25,000  should  be 
appropriated  to  the  library. 

I  do  not  hold  that  the  regents  are  compelled  to  appropriate 
to  a  library  the  sum  of  $25,000  each  year,  but  I  do  hold 
that  the  law  in  its  terms,  when  carefully  examined,  contem- 
plates the  library  as  a  prominent  object  in  the  institution,  and 
that  at  least  a  majority  of  the  funds  should  be  expended  in 
the  building  up  of  the  library.  That  is  my  interpretation.  I 
am  aware  that  when  the  institution  was  first  organized,  these 
same  diversities  of  opinion  arose,  and  a  compromise  was 
effected,  by  which  it  was  agreed  that  the  funds  should  be 
equally  divided.  When  I  came  into  the  institution,  a  feu- 
months  ago,  as  one  of  its  regents,  I  was  willing  to  abide  by 
that  compromise.  I  could  not  have  agreed  to  it  originally, 
because  I  think  the  fair  interpretation  of  the  law  contem- 
plated that  the  larger  portion  of  the  fund  should  be  applied 
to  the  establishment  of  a  library  ;  but,  as  they  made  an 
equal  division,  I  was  willing  to  acquiesce  in  it,  in  order  to 
avoid  the  appeal  which  is  now  made  to  Congress  and  to  the 
country,  and  thus  perhaps  endanger,  to  some  extent,  the 
reputation  of  the  institution. 

I  expressed  these  opinions  to  my  brother  regents  freely  ; 
but,  I  trust,  with  proper  respect.  I  differed  from  their 
opinion.  Such  was,  such  is,  my  conviction.  I  did  not 
deem  it  my  duty  to  resign  because  I  was  overruled.  I 
was  willing  to  acquiesce  in  the  decision,  because  I  had  not 
the  power,  according  to  the  law,  to  override  it ;  and  because 
every  other  regent  had  the  same  right  which  I  had  to  ex- 
press and  entertain  his  opinion.  Yet,  sir,  when  the  ques- 
tion arises,  no  matter  how  often  it  may  arise,  whether  that 


THIRTY-THIRD    CONGRESS,    1853-55.  553 

interpretation  of  the  law,  which  has  been  given  by  the 
board,  be  a  correct  one,  until  I  change  my  opinion,  or  until 
Congress  shall  modify  the  law,  I  must  adhere  to  my  original 
convictions. 

I  regret,  sir,  that  there  should  be  the  slightest  feeling  dis- 
played in  this  discussion.  Really,  a  charitable  fund  for  such 
high  and  noble  purposes,  ought  to  be  administered  in  a  spirit 
of  Idndness  and  charity.  1  cannot  accede,  therefore,  to  any 
intimation  that  those  who  act  with  me,  or  those  who  do  not 
concur  in  the  interpretation  which  has  been  given  to  the 
law,  are  actuated  by  any  but  the  highest  and  purest  mo- 
tives. 

Mr.  MASON.  Does  the  Senator  understand  that  anything 
fell  from  me  to  question  the  motives  of  the  gentlemen  who 
differed  from  us  in  that  matter  ? 

Mr.  DOUGLAS.  I  do  understand  that  the  Senator  from 
Virginia  supposed  it  to  be  prompted  by  improper  motives 
to  get  possession  of  the  fund,  on  the  part  of  some  persons. 

Mr.  MASON.  I  thought  I  was  understood.  I  said  that, 
unless  I  misconstrued  the  signs  of  the  times,  this  great  and 
eager  anxiety  out  of  doors,  manifested  by  popular  and  in- 
flammatory addresses  through  the  public  press,  showed  that 
there  was  an  earnest  design  outside  to  get  hold  of  the  fund. 
I  never  expressed,  for  I  certainly  never  entertained,  a  doubt- 
that  honorable  gentlemen  who  differed  with  me  in  our 
judgment  as  to  the  construction  of  the  statute,  were  actu- 
ated by  as  stern  a  sense  of  duty  as  I  was.  I  have  always  so 
expressed  it. 

Mr.  DOUGLAS.  Mr.  President.  Then  I  understand  the 
Senator  as  not  impugning  the  action  or  motives  of  any  of 
the  regents  with  whom  he  has  been  associated  ;  but  I  must 
Bay  that  I  have  not  seen  anything  to  leave  an  impression  on 
my  mind  that  whatever  action  was  prompted  out  of  doors, 
meant  to  get  possession  of  this  fund,  or  to  squander  it,  or 
to  apply  it  to  any  improper  purposes.  On  the  contrary,  I 
believe  it  arises  from  that  same  feeling  which  has  been 
evinced  in  the  differences  of  opinion  which  have  existed 
from  the  time  the  institution  was  first  proposed  to  be  organ- 
ized up  to  this  day,  as  to  what  was  the  true  application  of 
the  fund.  Those  who  supposed  tliat  their  opinions  had  re- 
ceived the  sanction  of  Congress  in  the  organic  law  of  the 
institution,  now  think  that  that  object  has  been  defeated  by 
•A  wrong  construction  given  to  that  organic  law.  It  is  a  firm 
conviction,  as  I  believe,  on  their  part,  that  the  law  lias  not 
been  carried  out  according  to  its  terms.  It  certainly  has 
not  been  according  to  their  understanding  of  its  terms.  I 


554  CONGRESSIONAL    PROCEEDINGS. 

believe  that  there  is  no  portion  of  our  community,  certainly 
there  are  no  persons  entitled  to  notice,  who  would  wish  to 
pervert  this  fund  to  any  other  object  than  that  to  which  it 
was  dedicated  by  Smithson's  will.  I  believe  the  persons  to 
whom  the  Senator  referred  are  stimulated  by  the  purest 
motives  to  carry  out  that  object,  under  the  conviction  that 
the  mode  in  which  the  trust  is  now  bein^  administered  is 
neither  in  accordance  with  the  will  nor  of  the  law.  It  is  a 
difference  of  opinion — a  difference  of  opinion  sincerely  en- 
tertained— and  one  which  we  should,  therefore,  meet  with 
the  spirit  of  firmness,  of  candor,  and  of  kindness. 

I  regret  that  the  discussion  has  arisen,  rendering  it  neces- 
sary to  go  into  an  argument  to  show  which  is  right,  and 
which  wrong,  in  the  construction  of  the  act.  In  tact,  sir, 
I  believe  I  will  not  allow  myself  to  be  drawn  into  an  argu- 
ment on  that  question.  If  this  matter  is  to  be  referred  to 
a  committee,  certainly  any  discussion  of  that  question  would 
be  more  appropriate  after  a  report  of  the  committee.  I 
shall,  therefore,  content  inv>rll'  with  saving  that  my  iirm 
conviction  is,  that  the  only  difference  which  has  arisen  in 
the  management  of  the  institution  is  a  difference  on  two 
points;  first,  as  to  what  direction  thi>  fund  ought  to  take  ; 
secondly,  the  belief  that  a  direction  has  been  given  to  it, 
which  is  not  authorized  by  the  law  creating  the  institution. 
I  am  under  the  impression  that  some  regents  have  voted  in 
the  minority  on  this  question,  not  because  they  believe  the 
original  plan  adopted  by  Congress  was  the  best,  but  because 
they  felt  themselves  compelled,  under  the  law  as  it  stood,  to 
vote  as  they  did. 

Mr.  BADGER.  Mr.  President,  I  do  not  exactly  agree  in 
the  suggestion  thrown  out  by  my  friend  from  Maryland, 
that  it  is  necessary  that  the  letter  which  is  before  the 
Senate,  should  become  the  subject  of  investigation  by  a 
committee  of  this  body  ;  but  I  shall,  notwithstanding,  read- 
ily yield  my  own  notions  upon  that  subject  to  the  wish  he 
has  expressed.  Allow  me,  however,  to  present  very  briefly 
the  views  which  have  struck  me  on  this  occasion. 

The  very  eminent  and  distinguished  gentleman  who  has 
sent  in  this  letter  of  resignation,  has  assigned  two  reasons 
why  he  retires  from  assisting  in  the  management  of  this 
trust  fund.  One  is,  that  he  cannot  give  the  time  necessary 
to  attend  the  meetings  of  the  Board  of  Regents.  As  has 
been  said  by  my  friend  from  Maryland,  this'is  a  full,  ample, 
and  perfect^  reason,  not  only  why  he  is  excusable  for  retiring, 
but  why  it  is  his  bounden  duty  to  retire ;  for,  while  he  holds 
a  place  there  the  public  has  a  right  to  expect  him  to  give 


THIRTY-THIRD   CONGRESS,    1853-55.  55 

the  necessary  time  to  discharge  its  duties.  So  soon  as  he 
ascertains  that  he  cannot,  consistently  with  his  other  engage- 
ments,  give  that  time,  he  is  bound  to  retire  and  to  give  way 
to  some  other  gentleman  who  may  have  both  the  inclination 
and  the  power  to  render  the  service  which  the  country  ex- 
pects from  a  member  of  that  board. 

I  wish,  very  sincerely,  Mr.  President,  that  the  letter  of 
resignation  had  there  closed,  because  I,  for  one,  am  unable 
to  give  any  appropriate  character  to  the  residue  of  the  let- 
ter. It  must  be  viewed  in  one  of  three  aspects ;  either  as 
an  appeal  to  Congress  from  the  judicial  decision  which  has 
been  pronounced  by  the  Board  of  Regents  upon  the  inter- 
pretation of  that  act ;  or  as  an  appeal  to  Congress  against 
the  malversation  of  a  certain  class  of  public  officers,  to  the 
extent  that  their  misconduct  may  be  exposed  and  that  some 
steps  may  be  taken,  either  for  their  punishment  or  removal; 
or  else  as  an  intimation  that  the  distinguished  gentleman 
who  writes  this  letter  thinks  that  there  should  be  some 
amendment  of  the  law  by  the  intervention  of  the  legislative 
power  of  the  two  Houses  of  Congress. 

In  regard  to  the  first  view,  I  cannot  myself  understand 
how  this  body,  or  the  other  House  of  Congress,  is  to  exercise 
a  judicial  supervision  upon  the  question  of  the  interpretation 
of  this  law.  It  is  our  business  to  make  laws ;  it  is  the  busi- 
ness of  other  officers  and  classes  of  persons  to  expound  and 
execute  those  laws.  In  a  strict  judicial  sense,  we  cannot 
exercise  any  jurisdiction  or  supervision  over  the  judgment 
which  may  be  so  pronounced;  and,  therefore,  considering 
the  letter  in^that  respect,  it  seems  to  me  totally  inappropriate 
to  any  functions  which  either  this  or  the  other  House  of  Con- 
gress can  legitimately  exercise. 

If  it  be  considered  as  a  letter  intended  to  communicate  ta 
the  two  Houses  of  Congress  malversation  in  the  conduct  of 
these  public  officers,  however  proper  that  application  may 
be  to  the  other  House,  it  is  plainly  out  of  place  here.  The 
other  House,  from  what  we  learn  of  their  published  proceed- 
ings, seems  to  have  taken  the  subject  up  in  that  idea — that 
this  is  an  imputation  by  the  writer  of  the  letter  that  a  gross 
abuse  has  been  practised  by  the  majority  of  the  Board  of 
Regents  in  the  administration  of  this  fund ;  and  they  have 
accordingly  raised  a  committee,  referred  the  letter  to  the 
committee,  and  vested  them  with  the  power  of  sending  for 
persons  and  papers— a  power  appropriate  to  the  investiga- 
tion, if  the  object  be  what  I  have  just  said,  but  utterly  in- 
appropriate and  absurd  supposing  it  to  be  a  mere  question 
of  legislative  inquiry  with  a  view  to  found  legislative  action. 


556  CONGRESSIONAL    PROCEEDINGS. 

thereupon.  If  it  is  a  question  of  the  interpretation  of  a  law, 
do  you  want  to  send  for  persons  and  papers  to  enable  you 
to  interpret  a  law  ?  What  papers  will  you  send  for  to  enable 
the  committee  of  the  House  of  Representatives  to  ascertain 
what  is  the  meaning  of  this  law?  Do  you  want  the  statute? 
Surely  the  committee  can  get  that  without  having  power  to 
send  lor  papers.  Do  you  want  the  proceedings  which  took 
place  at  the  time  when  this  law  was  enacted,  the  parlia- 
mentary history  of  it?  Surely  that  can  be  obtained  without 
a  power  in  the  committee  to  send  for  papers  or  for  persons. 
But  if  you  suppose  the  investigation  is  pursued  for  the  pur- 
pose of  ferreting  out  a  delinquency,  an  abuse,  a  malversa- 
tion, then  that  part  of  the  resolution  becomes  nil  appropriate, 
and  the  object  is  to  drag  up  witnesses  and  compel  them  to 
testify  to  the  conduct  of  the  perpetrators  in  this  stupendous 
fraud,  not  only  on  the  law  of  the  country,  but  on  the  noble 
charity  which  they  are  appointed  to  administer.  If  that  be 
the  aspect  in  which  this  subject  is  taken  up,  we  have  nothing 
to  do  with  it;  we  should  not  commit  ourselves  in  advance 
upon  it;  for,  suppose  the  proceedings  of  the  House  of  Repre- 
sentatives should  result  in  preferring  articles  of  impeach- 
ment, for  example,  against  the  Chief  Justice,  it  would  be 
very  indelicate  and  improper  for  us  in  advance  to  form  and 
deliver  a  solemn  opinion  upon  the  question  whether  there 
was  just  cause  for  the  impeachment. 

Then  there  is  only  one  other  respect  in  which  this  residue 
of  the  paper  can  be  supposed,  as  it  seems  to  me,  to  be  in- 
tended to  have  any  influence  upon  Congress;  and  that  is, 
that  the  honorable  and  distinguished  gentleman  who  writes 
this  letter,  knowing  that  we  have  no  judicial  power  over  the 
interpretation  of  the  law,  and  therefore  cannot,  by  any  judg- 
ment of  ours,  ascertain  that  what  has  been  heretofore  done 
in  its  interpretation  has  been  done  wrongfully,  in  a  judicial 
sense,  and  knowing  that  it  is  not  a  proper  subject  for  an  in- 
vestigation, with  a  view  to  a  criminal  prosecution  by  im- 
peachment, sends  it  to  the  two  Houses  of  Congress  as  a 
recommendation  that  they  shall  institute  an  inquiry,  with  a 
view  to  an  amendment  of  the  law.  In  this  latter  view,  it 
strikes  me  as  exceedingly  inappropriate  for  any  gentleman, 
not  a  member  of  these  bodies,  or  one  of  them,  and  not  corning 
here  in  the  character  of  a  petitioner  asserting  a  claim  against 
the  Government,  to  undertake  to  advise  us  of  the  propriety 
of  further  legislation. 

I  say,  therefore,  Mr.  President,  that  I  regret  very  much 
that  this  truly  distinguished  gentleman,  of  whom  the  Ameri- 
can people  have  reason  to  be  proud  as  one  of  their  sons, 


THIRTY-THIRD    CONGRESS,    1853-55.  557 

gifted  as  lie  is,  and  distinguished  as  he  has  been  in  his  past 
course,  did  not  content  himself  with  resigning  his  position 
for  the  very  ample  and  sufficient  reason  which  he  first  gives, 
that  he  is  unable  to  discharge  the  duties  required  of  him. 

regret  it  also,  because,  if  I  collected  the  scope  of  that  letter 
accurately  from  its  reading — for  I  had  not  seen  it  before — it 
seems  in  any  view  to  present  this  state  of  the  case — the  writer 
meets  with  his  brother  regents;  a  certain  question  arises, 
what  shall  be  done  in  the  management  of  the  institution  ? 
That  inquiry  involves  a  question  as  to  the  just  interpretation 
'of  the  law;  the  best  and  the  legal  means  of  carrying  out 
the  great  purpose  of  the  donor.  That  matter  is  the  subject 
of  discussion  and  debate  among  them.  The  majority  of  the 
regents  decide  against  him,  and  immediately  he  retires  from 
the  institution,  and  interposes  an  appeal  to  Congress  against 
the  majority  of  the  body,  of  which  he  is  a  member. 

Again,  sir,  it  seems  to  imply  this:  Distinguished  and  ele- 
vated as  that  gentleman  is,  and  high  and  important  as  are 
the  services  which  he  has  rendered  to  his  country,  and  which 
he  is  now  able  to  render  in  this  or  any  other  station  to  which 
the  voice  of  his  countrymen  or  the  public  authorities  may 
call  him,  I  think  the  whole  tone  of  that  part  of  the  letter 
slightly  exaggerates  the  importance  to  the  public  of  the  event 
which  it  communicates,  namely,  his  retiring  from  the  Board 
of  Regents. 

Besides,  considering  also — for  I  think  my  friend  from 
Illinois  did  not  succeed  exactly  in  vindicating  that  part  of 
the  letter — the  suggestion  which  my  friend  from  Maryland 
made,  that  there  ^is  a  tone  of  confidence,  of  unmistakable 
and  unmistaken  certainty,  with  which  the  distinguished 
writer  announces  his  opinions  upon  the  interpretation  of 
this  law,  which  I  think  my  friend  from  Illinois  will  pardon 
me  for  saying  at  least  borders  a  little,  very  little,  upon  the 
confines  of  arrogance,  for  I  beg  my  friend  to  consider  against 
what  an  array  of  judgments  the  opinion  of  that  distinguished 
writer  is  given. 

Mr.  DOUGLAS.     Consider  the  names  on  the  other  side. 

Mr.  BADGER.  The  names  on  the  other  side  have  not  been 
yet  given;  but  I  am  very  certain  that  my  friend  before  me, 
[Mr.  Douglas,]  whose  name  is  one  of  them — and  it  is  a  name 
of  weight  and  authority  in  this  country,  and  elsewhere,  where 
it  is  known — is  one  of  the  last  persons  who  would  announce 
his  opinion,  without  the  expression  of  some  deferential  con- 
ception that,  after  all,  perhaps  he  might  be  mistaken.  ^  Now, 
I  must  say,  I  think  it  is  due  to  truth  and  the  occasion,  to 
say — and  I  believe  the  whole  Senate  will  agree  with  me — 


558  CONGRESSIONAL    PROCEEDINGS. 

that,  whether  the  distinguished  writer  be  correct  or  not  in 
his  opinions,  that  part  of  the  letter  is  in  very  bad  taste. 

Believing,  Mr.  President,  that  there  is  nothing  for  us  to 
do  but  accept  the  resignation  of  this  gentleman,  and  to  ac- 
cept it  with  regret  because  of  his  eminent  talents  and  high 
position  arid  undoubted  patriotism,  and  therefore  his  capacity 
and  willingness  to  be  useful.  I  should  think  that  the  subject 
might  be  allowed  to  drop;  but,  nevertheless,  I  yield  to  the 
suggestion  of  my  friend  from  Maryland.  He  has  intimated 
that  he  desires  that  this  should  be  the  subject  of  investiga- 
tion, and  I  am  willing  to  move  that  it  shall  go  to  a  com- 
mittee ;  but  I  am  not  prepared  to  say  that  it  is  proper,  on 
this  occasion,  to  select  a  special  committee.  This  is  a  ques- 
tion of  judicial  interpretation — of  legislation  to  be  founded 
upon  a  judicial  interpretation — if  the  committee  in  the  Senate 
shall  be  of  opinion  that  the  regents  have  mistaken  the  true 
construction  of  this  law.  We  have  a  committee,  a  stand- 
ing committee  of  this  body,  composed  of  eminent  lawyers, 
abundantly  able  to  re-examine  this  subject,  so  far  as  it  nrc<N 
re-examination,  and  so  far  as  this  House  has  any  jurisdiction 
over  it.  I  am  not,  therefore,  for  passing  over  that  committee 
upon  a  judicial  question  to  raise  any  select  committee.  It 
is  a  question  of  law — the  interpretation  of  u  statute.  If  we 
are  not  satisfied  with  the  judgment  given  in  the  Board  of 
Regents;  if  such  a  board  of  men,  aided  in  their  opinions 
by  the  illustrious  Taney,  do  not  convey  to  us  a  conviction 
that  a  statute  has  been  rightly  interpreted,  let  it  go  to  that 
committee  of  this  body.  It  is  a  proper  organ  to  examine, 
and  investigate,  and  report  upon  strictly  legal  inquiries.  I 
therefore  move  the  reference  of  this  paper  to  the  Committee 
on  the  Judiciary. 

Mr.  SEWARD.  Mr.  President,!  should  not  speak  at  all  on 
this  question,  if  it  were  not  that  I  think  the  Senate  has  a 
duty  to  discharge  to  itself  and  to  its  dignity.  I  need  not 
say  that  I  entertain  as  profound  a  respect  and  admiration 
for  the  distinguished  gentleman  who  sent  this  communica- 
tion here  as  any  other  person  in  the  House,  or  in  the  country. 
I  take  the  occasion  thus  early  to  say  that  I  have  formed  iio 
opinion  upon  the  merits  of  the  question  which  has  been 
raised  by  that  communication.  I  deem  it  my  duty,  as  tar 
as  possible,  to  hold  my  mind  free  and  open  for  the  purpose 
of  forming  an  opinion  hereafter. 

Sir,  I  cannot  consent,  for  one  member  of  this  body,  to 
send  this  communication  to  the  Committee  on  the  Judiciary, 
or  to  a  select  committee,  because,  although  I  believe  it  to 
have  been  intended  with  the  best  motives,  and  to  have  been 


THIRTY-THIRD    CONGRESS,    1853-55.  559 

entirely  unexceptionable  in  the  view  of  the  writer,  yet  I 
think  it  is  derogatory  from  the  dignity  of  the  Senate.  What 
is  it,  sir?  It  is  a  resignation  of  an  officer.  Every  citizen 
of  the  United  States  has  a  right  to  hold  an  office  if  he  can  get 
it,  and  certainly  every  citizen  of  the  United  States  holding 
an  office  has  a  right  to  resign  it;  and  it  is  not  necessary  for 
him,  in  order  to  be  relieved  from  the  burden  of  the  office, 
to  assign  any  reason  or  excuse  whatever.  Whatever  may 
be  said  by  way  of  apology  or  excuse,  or  reason,  or  justifica- 
tion, does  not  alter  the  character  of  the  act  itself.  It  is  an 
absolute  resignation.  It  is  complete.  It  is  final.  The  Senate 
has  nothing  to  do  but  to  file  it.  It  is  done.  The  Senate 
cannot  compel  the  individual  to  retain  his  office.  They 
cannot  ask  him  to  take  it  back  again,  however  high  he  may 
be.  They  can  reappoint  him,  but  they  must  receive  his 
resignation  as  a  complete  act. 

According  to  my  humble  judgment,  what  this  retiring 
regent  ought  to  have  done,  was  to  send  a  letter  to  the  Presi- 
dent of  the  Senate,  saying,  in  so  many  words  :  "  Sir,  I  resign 
the  office  of  Regent  of  the  Smithsonian  Institution."  It  is 
true  that  a  regent,  like  every  other  public  officer,  has  a  right 
to  inform  the  public  and  to  inform  Congress,  if  he  pleases 
to  do  so,  of  the  grounds  why  he  declines  a  further  continu- 
ance in  the  discharge  of  a  public  trust;  but  that  should  be, 
not  by  a  letter  explaining  his  reasons  for  his  resignation, 
but  it  should  be  done  through  the  public  press,  or  otherwise, 
so  as  not  to  make  the  table  of  the  Senate  bear  the  burden 
of  all  personal,  and  political,  and  other  explanations  of  per- 
sons retiring  from  public  office. 

It  is  manifest  that  the  honorable  and  distinguished  gentle- 
man has  not  considered  the  legal  nature  and  the  official 
character  of  the  act  he  was  per  tor  mi  ug.  I  say,  then,  tlrs 
resignation  was  complete  and  absolute  when  the  words  "I 
resign  this  office"  were  written,  but  that  is  not  the  whole  of 
the  communication.  We  are,  besides,  favored  with  an  ex- 
planation of  the  reasons  why  he  resigns.  This  is  either  for 
the  information  of  the  public,  (and  if  so,  it  ought  not  to 
have  been  made  to  the  Senate  of  the  United  States,)  or  else 
it  is  for  the  purpose  of  instructing  the  Senate  in  regard  to  the 
question  which  is  discussed  in  the  paper.  If  that  honorable 
and  distinguished  gentleman  wished  to  instruct  the  Senate 
upon  the  merits  of^the  question  out  of  which  his  resignation 
has  arisen,  he  had  the  right  to  come  before  this  bod}7  in  a 
respectful  manner,  by  petition,  by  memorial,  or  by  official 
communication,  as  a  regent  of  the  institution;  but  he  dis- 
claims the  privilege  and  the  right  of  addressing  us  as  a 


5(JO  CONGRESSIONAL  PROCEEDINGS. 

Regent  of  the  Smithsonian  Institution,  because,  in  the  very 
act  of  representing  his  views  to  the  Senate,  he  resigns  that 
office,  and  shows  that  he  leaves  the  Senate  and  the  country 
to  take  care  of  the  question  as  they  best  may. 

I  think,  then,  that  what  is  due  to  this  occasion  is  to  lay 
this  letter  on  the  table.  Then,  I  agree  with  the  honorable 
Senator  from  Maryland,  and  the  honorable  Senator  from 
Virginia,  and  others,  that  there  is,  in  the  occasion  itself,  in 
the  subject-matter  which  has  come  to  the  knowledge  of  the 
Senate,  that  which  may  very  properly  require  an  inquiry. 
I  think  that  inquiry  ought  to  be  made  by  the  Senate,  out  of 
regard  to  the  public  interests,  the  public  welfare,  and  the 
honor  and  dignity  of  the  country,  and  not  upon  a  commu- 
nication which  is  of  so  unusual  and  extraordinary  a  character 
as  this. 

Mr.  BUTLER.  Mr.  President,  I  do  not  know  that  I  concur 
entirely  in  the  conclusion  of  the  honorable  Senator  from 
New  York,  but  I  must  say  that  I  agree,  in  the  main,  with 
the  purport  of  his  remarks.  I  hope  that  my  friend  from 
North  Carolina  will,  therefore,  withdraw  his  motion  to  refer 
this  paper  to  the  Committee  on  the  Judiciary.  What  is  the 
paper  ?  Is  it  the  resignation  of  an  office  ?  If  so,  there  it 
should  terminate.  Is  it  an  accusation  against  those  with 
whom  this  gentleman  has  been  associated?  If  so,  as  my 
friend  from  North  Carolina  has  remarked,  I  cannot  approve 
its  taste.  Is  it  for  the  purpose  of  bringing  this  subject  into 
debate  in  the  Senate  ?  If  so,  I  think  its  purpose  mischiev- 
ous.  Is  it  for  the  purpose  of  making  an  issue  in  relation  to 
this  fund,  which  is  calculated  to  involve,  perhaps,  as  has 
been  intimated,  different  views  in  different  parts  of  the 
country?  If  so,  it  is  a  purpose  which  is  criminal. 

In  every  point  of  view,  whether  I  regard  the  taste  of  the 
paper  as  an  accusation  of  those  with  whom  this  gentleman 
has  been  associated,  or  whether  I  regard  it  as  designed  to 
bring  this  subject  into  popular  discussion,  I  cannot  approve 
its  tone.  I  am  bound  to  say  that  much ;  but  if  it  be  for  the 
purpose  of  bringing  the  subject  before  the  Senate,  it  cannot 
be  so  effectually  done  as  it  would  be  by  making  the  report 
of  a  committee  the  vehicle  of  his  views.  I  hope,  therefore, 
my  friend  from  North  Carolina  will  withdraw  his  motion  to 
refer  this  paper  to  the  Committee  on  the  Judiciary. 

Mr.  BADGER.  I  am  satisfied,  sir,  after  the  remarks  made 
by  the  honorable  Senator  from  New  York,  that  my  first  in- 
clination on  this  subject  was  correct,  and  that  is,  that  we 
have  nothing  to  do  but  accept  the  resignation.  I  yielded, 
however,  because  my  friend  from  Maryland,  who  occupies 


THIRTY-THIRD    CONGRESS,    1853-55.  561 

a  peculiar  and  delicate  relation  to  this  subject,  intimated  his 
desire  for  a  committee  to  investigate  it. 

Mr.  PEARCE.  Will  my  friend  from  North  Carolina  allow 
me  to  interpose? 

Mr.  BADGER.     Certainly. 

Mr.  PEARCE.  I  am  anxious  that  the  question  should  be 
referred  to  a  committee.  I  am  quite  content  that  the  paper 
should  be  received  and  laid  upon  the  table;  but  I  do  desire, 
as  the  Senator  from  New  York  has  said,  that  the  subject- 
matters  which  are  referred  to  in  the  letter,  should  be  sub- 
mitted to  a  committee  of  this  body  for  consideration.  I 
hope,  therefore,  that  the  proposition  of  the  Senator  from 
New  York  will  be  adopted,  and  the  paper  laid  on  the  table; 
and  that  some  gentleman  will  move  a  resolution  directing  a 
committee  (and  I  now  prefer  that  it  should  be  the  Commit- 
tee on  the  Judiciary)  to  inquire  what,  if  any,  action  is  proper 
to  be  taken  by  the  Senate  in  regard  to  the  Smithsonian  In- 
stitution. That  committee  was  organized  at  the  beginning 
of  the  session,  without  reference  to  this  question.  I  am 
willing  and  desire  that  the  matter  should  take  the  regular 
course,  and  be  referred  to  that  committee,  whose  appropri- 
ate duty  it  is  to  construe  the  acts  of  Congress,  which  are 
drawn  into  question. 

Mr.  BADGER.  I  now  withdraw  my  motion  for  reference, 
and  move  that  the  paper  lie  on  the  table. 

Mr.  WELLER.  I  am  exceedingly  anxious  to  terminate  the 
debate,  and  proceed  to  the  consideration  of  some  practical 
business.  This  question,  however,  ought  to  be  decided. 
Here  are  three  regents  of  the  Smithsonian  Institution,  who 
have  brought  to  the  consideration  of  the  Senate  the  impor- 
tant fact  that  they  differ  as  to  the  construction  given  to  a 
law  of  Congress,  or  as  to  the  proper  mode  of  using  the  fund 
which  they  have  been  appointed  to  administer.  Now,  I 
think  it  very  important  that  Congress  should  determine  that 
question,  because  we  have  been  notified,  By  the  debate  to- 
day, that  that  difference  of  opinion  does  exist;  and  after  this 
paper  shall  have  been  disposed  of,  if  no  other  Senator  makes 
the  motion,  I  shall  submit  one  to  instruct  the  Committee  on 
the  Judiciary  to  consider  and  report  on  this  subject. 

The  PRESIDENT.  The  question  is  on  the  motion  of  the 
Senator  from  North  Carolina,  that  the  paper  lie  on  the- 
table. 

The  motion  was  agreed  to. 

Mr.  CLAYTON  subsequently  said :  Mr.  President,  as  the 
Senator  from  California  [Mr.  Weller]  did  not  follow  up  his 
proposition,  I  desire  to  offer  the  following  resolution : 


502  CONGRESSIONAL    PROCEEDINGS. 

Resolved,  That  the  Committee  on  the  Judiciary  inquire  whether  any, 
and  if  any,  what,  action  of  the  Senate  is  necessary  and  proper  in  regard  to 
the  Smithsonian  Institution. 

I  believe  that  this  resolution  is  in  accordance  with  the 
general  sentiment  of  the  body.  I  do  not  purpose  to  debate 
it;  but  I  will  say  now,  that  I  hold  it  to  be  the  duty  of  the 
Senate  of  the  United  States  to  sustain  the  regents  of  this 
institution,  whenever  the  Senate  thinks  they  are  right. 
When  an  imputation  is  cast  on  those  gentlemen,  it  ought 
not  to  be  left  to  be  a  matter  of  conjecture  or  doubt  in  the 
country,  whether  the  Senate  thinks  they  ought  to  be  sus- 
tained or  not.  For  my  own  part,  I  do  thoroughly  concur 
in  the  opinion  which  has  been  given  by  a  majority  of  the 
regency.  I  have  been  of  their  opinion  since  tin-  institution 
was  first  established. 

I  had  the  honor,  as  a  mcmberof  a  committee  of  this  body, 
some  eighteen  years  ago,  to  report  the  bill,  which  was  after- 
wards enacted  into  a  law,  accepting  the  l>e<|iiest  of  Smith- 
son;  and  I  well  remember  that,  upon  that  occasion,  there 
was  a  diversity  of  sentiment  in  this  body  in  regard  to  the 
propriety  of  accepting  the  bequest,  for  it  was  said  confi- 
dently, by  some  gentlemen,  that  it  would  turn  out  that  this 
Government  was  incapable  of  administering  the  fund  as  the 
testator  intended.  I  was  then  of  a  different  opinion,  and  I 
am  now.  I  have  observed,  with  some  interest,  the  progress 
of  this  institution,  and  the  course  adopted  by  the  regents, 
from  the  origin  of  the  institution,  and  their  course  has,  on 
all  occasions,  so  far  as  I  have  been  able  to  understand  it,  met 
with  my  unqualified  approbation. 

The  question  which  divided  the  regency  was  one  which 
arose  in  the  very  origin  of  the  institution.  There  were 
many  gentlemen  who  thought  the  funds  should  be  devoted 
to  the  purpose  of  a  library.  I  never  thought  so.  I  under- 
take to  say  that  was  not  the  sentiment  of  the  Senate  which 
accepted  the  bequest.  An  institution  whose  object  is  to  in- 
crease and  diffuse  knowledge  among  men,  to  be  confined,  or 
the  greater  part  of  its  action  to  be  confined,  to  the  mere 
purchase  of  books — books  to  be  placed  here  in  this  District, 
where  they  could  be  visited  by  gentlemen  of  wealth  from 
abroad,  to  be  sure,  and  where  they  could  be  searched  and 
examined  by  persons  who  are  on  the  spot!  That,  however, 
would  be  one  of  the  most  futile,  and,  in  my  humble  judg- 
ment, most  ineffectual  methods  which  could  be  devised,  to 
diffuse  knowledge  among  men.  The  plan  adopted  by  the 
regency  is  one  calculated  to  diffuse  it  among  men  in  all  parts 
of  the  civilized  world. 


THIRTY-THIRD   CONGRESS,    1853-55.  503 

But,  sir,  I  will  not  take  up  the  time  of  the  Senate  in  dis- 
cussing this  question.  The  Committee  on  the  Judiciary  are 
fully  capable  of  examining  and  deciding  on  judicial  ques- 
tions. I  think  they  ought  to  make  an  inquiry,  in  order 
that,  if  the  regents  are  right  in  the  interpretation  they  have 
given  to  the  law,  they  should  be  sustained  by  the  judgment 
of  the  committee,  and  by  the  judgment  of  the  Senate.  I 
move  the  adoption  of  the  resolution  which  I  have  sub- 
mitted. 

The  resolution  was  considered,  by  unanimous  consent, 
and  agreed  to. 

SENATE,  February  6,  1855. 

Mr.  ANDREW  P.  BUTLER,  of  South  Carolina,  from  the 
Committee  on  the  Judiciary,*  to  whom  was  referred  the  res- 
olution of  the  Senate,  directing  said  committee  to  inquire 
whether  any,  and  if  any,  what,  action  of  the  Senate  is  nec- 
essary and  proper  in  regard  to  the  Smithsonian  Institution, 
made  the  following  report,  which  was  ordered  to  be  printed  : 

It  seems  to  be  the  object  of  the  resolution  to  require  the 
committee  to  say  whether,  in  its  opinion,  the  Regents  of 
the  Smithsonian  Institution  have  given  a  fair  and  proper 
construction,  within  the  range  of  discretion  allowed  to 
them,  to  the  acts  of  Congress  putting  into  operation  the 
trust  which  Mr.  Smithson  had  devolved  on  the  Federal 
Government.  As  the  trust  has  not  been  committed  to  a 
Jegal  corporation  subject  to  judicial  jurisdiction  and  con- 
trol, it  must  be  regarded  as  the  creature  of  congressional 
legislation.  It  is  a  naked  and  honorable  trust,  without  any 
profitable  interest  in  the  Government  that  has  undertaken 
to  carry  out  the  objects  of  the  benevolent  testator.  The 
obligations  of  good  faith  require  that  the  bequest  should 
be  maintained  in  the  spirit  in  which  it  was  made.  The  acts 
of  Congress  on  this  subject  were  intended  to  effect  this 
end,  and  the  question  presented  is  this :  Have  the  Regents 
clone  their  duty  according  to  the  requirements  of  the  acts 
of  Congress  on  the  subject? 

In  order  to  determine  whether  any,  and  if  any,  what, 
action  of  the  Senate  is  necessary  and  proper  in  regard  to 
the  Smithsonian  Institution,  it  is  necessary  to  examine 
what  provisions  Congress  have  already  made  on  the  sub- 
ject, and  whether  they  have  been  faithfully  carried  into 
execution. 

The  money  with  which  this  institution  has  been  founded 

*  Measrs.  Butler,  Toucey,  Bayard,  Geyer,  Pettit,  and  Toombs. 


£64  CONGRESSIONAL    PROCEEDINGS. 

was  bequeathed  to  the  United  States  by  James  Smithson,  of 
London,  to  found  at  Washington,  under  the  name  of  the 
"  Smithsonian  Institution,"  an  establishment  "  for  the  in- 
crease and  diffusion  of  knowledge  among  meir."  It  is  not 
bequeathed  to  the  United  States  to  be  used  for  their  own 
benefit  and  advantage  only,  but  in  trust  to  apply  to  "the 
increase  and  diffusion  of  knowledge"  among  mankind 
generally,  so  that  other  men  and  other  nations  might  share 
in  its  advantage  as  well  as  ourselves. 

Congress  accepted  the  trust,  and  by  the  act  of  August 
10th,  1846,  established  an  institution  to  carry  into  effect  the 
intention  of  the  testator.  The  language  of  the  will  left  a 
very  wide  discretion  in  the  manner  of  executing  the  trust, 
and  different  opinions  might  very  naturally  be  entertained 
on  the  subject.  And  it  is  very  evident  by  the  law  above 
referred  to  that  Congress  did  not  deem  it  advisable  to  pre- 
scribe any  definite  and  fixed  plan,  and  deemed  it  more 
proper  to  confide  that  duty  to  a  Board  of  Regents,  carefully 
selected,  indicating  only  in  general  terms  the  objects  to 
which  their  attention  was  to  be  directed  in  executing  the 
testator's  intention. 

Thus,  by  the  fifth  section,  the  regents  were -required  to 
cause  a  building  to  be  erected  of  sufficient  size,  and  with 
suitable  rooms  or  halls,  for  the  reception  and  arrangement, 
upon  a  liberal  scale,  of  objects  of  natural  history,  including 
a  geological  and  mineralogical  cabinet;  also  a  chemical 
laboratory,  a  library,  a  gallery  of  art,  and  the  necessary 
lecture  rooms.  It  is  evident  that  Congress  intended  by 
these  provisions  that  the  funds  of  the  institution  should  be 
applied  to  increase  knowledge  in  all  the  branches  of  science 
mentioned  in  this  section — in  objects  of  natural  history,  in 
geology,  in  mineralogy,  in  chemistry,  in  the  arts — and  that 
lectures  were  to  be  delivered  upon  such  topics  as  the 
regents  might  deem  useful  in  the  execution  of  the  trust. 
And  publications  by  the  institution  were  undoubtedly  nec- 
essary to  diffuse  generally  the  knowledge  that  might  be 
obtained;  for  any'increase  of  knowledge  that  might  thus 
be  acquired  was  not  to  be  locked  up  in  the  institution  or 
preserved  only  for  the  use  of  the  citizens  of  Washington, 
or  persons  who  might  visit  the  institution.  It  was  by  the 
express  terms  of  the  trust,  which  the  United  States  was 
pledged  to  execute,  to  be  diffused  among  men.  This  could 
be  done  in^no  other  way  than  by  publications  at  the  expense 
of  the  institution.  Nor  has  Congress  prescribed  the  sums 
which  shall  be  appropriated  to  these  different  objects.  It  is 
left  to  the  discretion  and  judgment  of  the  regents. 


THIRTY-THIRD    CONGRESS,    1853-55.  565 

The  fifth  section  also  requires  a  library  to  be  formed,  and 
the  eighth  section  provides  that  the  regents  shall  make 
from  the  interest  an  appropriation,  not  exceeding  an  aver- 
age of  twenty-five  thousand  dollars  annually,  for  the 
gradual  formation  of  a  library  composed  of  valuable  works 
pertaining  to  all  departments  of  human  knowledge. 

But  this  section  cannot,  by  any  fair  construction  of  its 
language,  be  deemed  to  imply  that  any  appropriation  to 
that  amount,  or  nearly  so,  was  intended  to  be  required.  It 
is  not  a  direction  to  the  regents  to  apply  that  sum,  but  a 
prohibition  to  apply  more ;  and  it  leaves  it  to  the  regents 
to  decide  what  amount  within  the  sum  limited  can  be 
.advantageously  applied  to  the  library,  having  a  due  regard 
to  the  other  objects  enumerated  in  the  law. 

Indeed,  the  eighth  section  would  seem  to  be  intended  to 
prevent  the  absorption  of  the  funds  of  the  Institution  in  the 
purchase  of  books.  And  there  would  seem  to  be  sound 
reason  for  giving  it  that  construction;  for  such  an  applica- 
tion of  the  funds  could  hardly  be  regarded  as  a  faithful 
execution  of  the  trust ;  for  the  collection  of  an  immense 
library  at  Washington  would  certainly  not  tend  "to  increase 
or  diffuse  knowledge"  in  any  other  country,  not  even 
among  the  countrymen  of  the  testator ;  very  few  even  of 
the  citizens  of  the  United  States  would  receive  any  benefit 
from  it.  And  if  the  money  was  to  be  so  appropriated,  it 
would  have  been  far  better  to  buy  the  books  and  place  them 
at  once  in  the  Congress  Library.  They  would  be  more  ac- 
ceptable to  the  public  there,  and  it  would  have  saved  the 
expense  of  a  costly  building  and  the  salaries  of  the  officers ; 
yet  nobody  would  have  listened  to  such  a  proposition,  or 
consented  that  the  United  States  should  take  to  itself  and 
for  its  own  use  the  money  which  they  accepted  as  a  trust 
for  "  the  increase  and  diffusion  of  knowledge  among  men." 

This  is  the  construction  which  the  regents  have  given  to 
the  acts  of  Congress,  and,  in  the  opinion  of  the  committee, 
it  is  the  true  one;  and,  acting  under  it,  they  have  erected  a 
commodious  building,  given  their  attention  to  all  the 
branches  of  science  mentioned  in  the  law,  to  the  full  extent 
of  the  means  afforded  by  the  fund  of  the  institution,  and 
have  been  forming  a  library  of  choice  and  valuable  books, 
amounting  already  to  more  than  fifteen  thousand  volumes. 
The  books  are,  for  the  most  part,  precisely  of  the  character 
calculated  to  carry  out  the  intentions  of  the  donor  of  the 
fund  and  of  the  act  of  Congress.  They  are  chiefly  com- 
posed of  works  published  by  or  under  the  auspices  of  the 
numerous  institutions  of  Europe  which  are  engaged  in  sci- 


CONGRESSIONAL    PROCEEDINGS. 

entific  pursuits,  giving  an  account  of  their  respective- 
researches  and  of  new  discoveries  whenever  they  are  made. 
These  works  are  sent  to  the  "  Smithsonian  Institution,"  in 
return  for  the  publications  of  this  institution,  which  are 
transmitted  to  the  learned  societies  and  establishments 
abroad.  The  library  thus  formed,  and  the  means  by  which 
it  is  accomplished,  are  peculiarly  calculated  to  attain  the 
objects  for  which  the  munificent  legacy  was  given  in  trust 
to  the  United  States.  The  publication  of  the  results  of  sci- 
entific researches  made  by  the  institution  is  calculated  to 
stimulate  American  genius,  and  at  the  same  time  enable  it 
to  bring  before  the  public  the  fruits  of  its  labors.  And  the 
transmission  of  these  publications  to  the  learned  societies  in 
Europe,  and  receiving  in  return  the  fruits  of  similar  re- 
searches made  by  them,  gives  to  each  the  benefit  of  the 
"increase  of  knowlege"  which  either  may  obtain,  and  at 
the  same  time  diffuses  it  throughout  the  civilized  world. 
The  library  thus  formed  will  contain  books  suitable  to  the 
present  state  of  scientific  knowledge,  and  will  keep  pace 
with  its  advance;  and  it  is  certainly  far  superior  to  u  vast 
collection  of  expensive  works,  most  of  which  may  be  found 
in  any  public  library,  and  many  of  which  lire  mere  objects 
of  curiosity  or  amusement,  and  seldom,  if  ever,  opened  by 
any  one  engaged  in  the  pursuits  of  science. 

These  operations  appear  to  have  been  carried  out  by  the 
regents,  under  the  immediate  superintendence  of  Professor 
Henry,  with  zeal,  energ}7,  and  discretion,  and  with  the 
strictest  regard  to  economy  in  the  expenditure  of  the  funds. 
Nor  does  there  seem  to  be  any  other  mode  which  Congress 
could  prescribe  or  the  regents  adopt  which  would  better- 
fulfill  the  high  trust  which  the  United  States  have  under- 
taken to  perform.  ISTo  fixed  and  immutable  plan  prescribed 
by  law  or  adopted  by  the  regents  would  attain  the  objects 
of  the  trust.  It  was  evidently  the  intention  of  the  donor 
that  it  should  be  carried  into  execution  by  an  institution  or 
establishment,  as  it  is  termed  in  his  will.  Congress  has 
created  one,  and  given  it  ample  powers,  but  directing  its 
attention  particularly  to  the  objects  enumerated  in  the  law; 
and  it  is  the  duty  of  that  institution  to  avail  itself  of  the 
lights  of  experience,  and  to  change  its  plan  of  operations 
when  they  are  convinced  that  a  different  one  will  better 
accomplish  the  objects  of  the  trust.  The  regents  have 
done  so,  and  wisely,  for  the  reasons  above  stated.  The 
committee  see  nothing,  therefore,  in  their  conduct  which 
calls  for  any  new  legislation  or  any  change  in  the  power* 
now  exercised  by  the  regents. 


THIRTY-THIRD    CONGRESS,    1853-55.  567 

For  many  of  the  views  and  statements  in  the  foregoing 
report,  the  committee  are  indebted  to  the  full  and  luminous 
reports  of  the  Board  of  Regents.  From  the  views  enter- 
tained by  the  committee,  after  an  impartial  examination  of 
the  proceedings  referred  to,  the  committee  have  adopted 
the  language  of  the  resolution,  "  that  no  action  of  the  Sen- 
ate is  necessary  and  proper  in  regard  to  the  Smithsonian 
Institution  ;"  and  this  is  the  unanimous  opinion  of  the  committee. 

SENATE,  March  1,  1855. 

The  PRESIDENT  pro  tempore  laid  before  the  Senate  a  letter 
of  the  Secretary  of  the  Smithsonian  Institution,  communi- 
cating the  ninth  annual  report  of  the  Board  of  Regents  of 
that  Institution;  which  was  ordered  to  lie  on  the  table  and 
be  printed. 

A  motion  by  Mr.  BRODHEAD  to  print  ten  thousand  addi- 
tional copies  of  the  report,  was  referred  to  the  Committee 
on  Printing. 

SENATE,  March  2,  1855. 

Mr.  JOHNSON,  from  the  Committee  on  Printing,  reported 
the  following: 

Ordered,  That  ten  thousand  additional  copies  of  the  ninth  annual  report 
of  the  Board  of  Regents  of  the  Smithsonian  Institution  be  printed. 

Mr.  PEARCE.  I  move  to  amend  that  order  by  adding 
"twenty-five  hundred  of  which  shall  be  for  the  use  of  the 
Secretary  of  the  said  Institution." 

Mr.  JOHNSON.     I  am  willing  to  accept  that. 

The  amendment  was  agreed  to;  and  the  order,  as  amend- 
ed, was  adopted. 


PROCEEDINGS  IN  THE  HOUSE  OF  REPRESENTATIVES. 

HOUSE  OF  REPRESENTATIVES,  December  5,  1854. 
Mr.  CHANDLER  offered  the  following  resolution : 

Resolved,  That  the  special  committee  to  whom,  at  the  last  session  of  Con- 
gress, was  referred  the  subject  of  the  investment  of  the  funds  of  the  Smith- 
sonian Institution,  be  continued  with  its  powers  and  duties. 

The  SPEAKER.  With  the  permission  of  the  House,  the 
Chair  would  remark  that  all  the  select  committees  appointed 
at  the  last  session  expired,  as  a  matter  of  course,  with  the 
last  session.  If  not  objected  to,  a  general  order  will  be  en- 
tered to  continue  those  committees  which  did  not  report  in 
full  at  the  last  session. 

Mr.  ROWE.     I  object. 


.568  CONGRESSIONAL    PROCEEDINGS. 

The  SPEAKER.  The  question  will  then  be  upon  the  reso- 
lution offered  by  the  gentleman  from  Pennsylvania. 

The  question  was  taken;  and  the  resolution  was  agreed  to. 

HOUSE  OF  REPRESENTATIVES,  December  11,  1854. 

A  message  was  received  from  the  Senate  announcing  that 
that  body  had  passed  a  joint  resolution  (No.  28)  for  the  ap- 
pointment of  two  regents  of  the  Smithsonian  Institution. 

HOUSE  OF  REPRESENTATIVES,  December  22,  1854. 

Mr.  MEACHAM.  I  wish  to  state  that  there  is  a  bill  upon 
the  Speaker's  table  providing  for  the  reappointment  of  re- 
gents of  the  Smithsonian  Institution.  I  will  state  that  it  is 
necessary  to  transact  some  business  which  cannot  be  done 
without  the  reappointment  of  these  regents.  I  ask  that  the 
bill  may  be  taken  up  and  passed.  It  will  take  but  a  minute, 
and  I  hope  there  will  be  no  objection. 

Mr.  COBB.     I  object. 

After  the  intervention  of  some  other  business — 

Mr.  MEACHAM.  I  now  ask  the  House  to  take  up  the  bill 
for  the  reappointment  of  the  regents  of  the  Smithsonian 
Institution,  and  pass  it.  It  will  occupy  but  a  moment. 

Mr.  FLORENCE.     Oh,  no;  there  is  no  quorum  here. 

HOUSE  OF  REPRESENTATIVES,  December  26,  1854. 

Mr.  ENGLISH.  I  ask  the  unanimous  consent  of  the  House 
to  take  from  the  Speakers  table  a  Senate  joint  resolution 
proposing  to  appoint  Rufus  Choate  of  Massachusetts,  and 
Oideon  Hawley  of  New  York,  regents  for  the  Smithsonian 
Institution;  and  if  the  House  will  allow  me,  I  propose  to 
ask  that  the  resolution  may  be  put  upon  its  passage. 

I  will  state,  as  a  reason  why  the  resolution  should  be  put 
upon  its  passage  at  an  early  day,  that  there  is  to  be  a  regular 
meeting  of  the  regents  of  that  institution  the  next  week,  and 
it  is  desirable  that  there  should  be  a  full  board  upon  that 
occasion.  These  gentlemen  have  been  regents  heretofore, 
and  I  presume  there  will  be  no  objection  to  their  reappoint- 
ment. I  ask  that  the  resolution  may  be  taken  up,  and  put 
upon  its  passage. 

The  resolution  was  read,  as  follows : 

Resolved,  #c.,  That  the  vacancies  in  the  Board  of  Regents  of  the  Smith- 
sonian Institution  of  the  class  otherwise  than  members  of  Co-:gre?s,  be 
filled  by  the  reappointment  of  the  late  incumbents,  viz:  Rufus  Choate  of 
Massachusetts,  and  Gideon  Hawley  of  New  York. 

Mr.  HAVEN.  I  presume  there  is  no  objection  to  the  pas- 
sage of  the  resolution. 


THIRTY-THIRD    CONGRESS,    1853-55.  569 

The  resolution  was  then  ordered  to  a  third  reading ;  and 
-was  accordingly  read  the  third  time,  and  passed. 

HOUSE  OF  EEPRESENTATIVES,  January  17,  1855. 

The  SPEAKER  laid  before  the  House  a  communication 
received  from  Hon.  Rufus  Choate,  resigning  his  office  as 
regent  of  the  Smithsonian  Institution. 

The  letter  was  read.  (See  Senate  Proceedings,  January 
17,  1855.) 

Mr.  MEACHAM.  I  ask  the  unanimous  consent  of  the  House 
to  introduce  a  resolution  of  inquiry,  founded  upon  that  let- 
ter ;  and  upon  the  resolution  I  demand  the  previous  ques- 
tion. 

The  resolution  was  reported,  as  follows  : 

Resolved,  That  the  letter  of  Hon.  Kufus  Choate,  resigning  his  place  as 
regent  of  the  Smithsonian  Institution,  be  referred  to  a  select  committee  of 
five,  and  printed;  and  that  said  committee  be  directed  to  inquire,  and  re- 
port to  the  House,  whether  the  Smithsonian  Institution  has  been  managed, 
and  its  funds  expended,  in  accordance  with  the  law  establishing  the 
institution  ;  and  whether  any  additional  legislation  be  necessary  to  carry 
out  the  designs  of  its  founders  ;  and  that  said  committee  have  power  to  send 
for  persons  and  papers. 

Mr.  ENGLISH.  If  I  have  a  right  to  object  to  the  reception 
of  the  resolution  just  proposed  by  the  gentleman  from  Ver- 
mont, [Mr.  Meacham,]  I  do  so ;  and  I  move  that  the  com- 
munication submitted  by  Mr.  Choate  be  laid  on  the  table, 
and  ordered  to  be  printed. 

The  SPEAKER.  The  resolution  of  the  gentleman  from 
Vermont,  to  refer  to  a  select  committee  the  letter  which 
has  just  been  read,  is  in  order,  in  the  opinion  of  the  Chair. 
Upon  the  adoption  of  the  resolution,  the  gentleman  from 
Vermont  demands  the  previous  question.  It  is  in  order  to 
make  a  motion  to  lay  the  matter  on  the  table. 

Mr.  ENGLISH.     Then  I  make  that  motion. 

Mr.  MEACHAM.  Will  that  motion  carry  the  resolution 
•with  it  ? 

The  SPEAKER.     It  will. 

Mr.  MEACHAM.     Am  I  not  still  entitled  to  the  floor  ? 

The  SPEAKER.  The  gentleman  from  Vermont  cannot  re- 
tain the  floor  after  moving  the  previous  question.  It  is  in 
order  for  the  gentleman  from  Indiana  to  make  the  motion 
he  does,  as  it  is  a  privileged  question. 

Mr.  MEACHAM.  The  resolution  I  offer  is  simply  one  of 
inquiry,  made  in  respectful  terms,  and  it  appears  to  me  that 
there  can  be  no  objection  to  it.  If  the  motion  of  the  gen- 
tleman from  Indiana  is  pressed,!  shall  demand  the  yeas  add 
nays. 


570  CONGRESSIONAL    PROCEEDINGS. 

Mr.  BAYLY,  of  Virginia.  I  ask  my  friend  from  Indium 
to  withdraw  the  motion  to  lay  upon  the  table.  The  resolu 
tion  ought  to  go  to  the  Judiciary  Committee,  and  the  clause 
providing  for  sending  for  persons  and  papers  ought  to  be 
stricken  out. 

The  yeas  and  nays  were  ordered. 

Mr.  CHANDLER.  I  would  ask  whether  the  motion  to  laj 
upon  the  table  includes  the  motion  to  print  ? 

The  SPEAKER.     It  does  include  that  motion. 

Mr.  CLINGMAN.  The  motion  to  lay  upon  the  table  and 
print  wrould  be  a  debatable  motion. 

The  SPEAKER.  It  would  scarcely  be  debatable  pending 
the  demand  for  the  previous  question. 

Mr.  CLINGMAN.  The  demand  for  the  previous  question 
has  not  been  seconded. 

The  SPEAKER.  It  could  not  be  until  theiv  was  a  u-si 
vote. 

Mr.  CLINGMAN.  If  the  gentleman  from  Indiana  couple* 
the  motion  to  lay  upon  the  table  with  the  motion  to  print 
I  should  think  it  would  l>e  debatable. 

The  SPEAKER.  It  cannot  be  a  debatable  motion,  for  tin 
reason  that  the  previous  question  is  di-mandi'd  upon  th( 
adoption  of  the  resolution.  The  demand  for  the  previous 
question  must  be  first  disposed  of  before  discussion  can  Ix. 
had. 

Mr.  JONES,  of  Tennessee.  I  would  remark  that  no  per 
son  has  called  for  a  division  of  the  question  to  lay  upon  tht 
table  and  print. 

Mr.  ENGLISH.  If  I  have  the  right  to  do  so,  I  propose  tc 
modify  my  motion  so  as  to  lay  the  communication  anc 
resolution  upon  the  table,  and  withdraw  the  motion  tc 
print. 

The  SPEAKER.  The  gentleman  has  a  right  to  modify  hi? 
motion  and  withdraw  the  motion  to  print. 

Mr.  ENGLISH.     I  then  so  modify  my  motion. 

The  SPEAKER.  The  yeas  and  nays  have  not  been  orderec" 
upon  the  modification  proposition. 

Mr.  BAYLY,  of  Virginia.  The  proposition  being  modi- 
fied, how  does  the  previous  question  apply  ? 

The  SPEAKER.  The  demand  for  the  previous  question 
will  come  up,  should  the  House  refuse  to  lay  the  resolution 
upon  the  table  ;  and  it  cuts  off  debate  until  the  House  de- 
termine whether  or  not  it  will  sustain  the  demand. 

Mr.  MEACIIAM.  I  ask  for  the  yeas  and  nays  upon  the 
modified  motion. 

The  yeas  and  nays  were  ordered. 


THIRTY-THIRD    CONGRESS,    1853-55.  571 

The  question  was  then  taken,  and  there  were — yeas  81r 
nays  84  ;  as  follows  : 

YEAS — Messrs.  Aiken,  James  C.  Allen,  Willis  Allen,  Thomas  H.  Bayly, 
Bark.«dale,  Bell,  Boyce,  Breckinridge,  Bridges,  Caruthers,  Caskie,  Chand- 
ler, Chastain,  Chrisman,  Cobb,  Colquitt,  Craige,  John  G.  Davis,  Dawson, 
Disney,  Drum,  Dunbar,  Eddy,  Edgerton,  Edmundson,  John  M.  Elliott, 
English,  Everhart,  Faulkner,  Franklin,  Goode,  Green,  Greenwood,  Hamil- 
ton, Sampson  W.  Harris,  Hendricks,  Hillyer,  Houston,  George  W.  Jones, 
J.  Glancy  Jones,  Roland  Jones,  Keitt,  Kerr,  Kurtz,  Lamb,  Latham, 
Macdonald,  Matteson,  Maxwell,  Millson,  Morgan,  Nichols,  Orr,  Packer, 
Pennington,  Bishop  Perkins,  John  Perkins,  Phelps,  Pringle,  Reese,  Thomas 
Ritchey,  Robbins,  Rogers,  Ruffin,  Shannon,  Shaw,  Shower,  Skelton,  George 
W.  Smyth,  Sellers,  Frederick  P.  Stanton,  Andrew  Stuart,  John  J.  Taylor, 
John  L.  Taylor,  Nathaniel  G.  Taylor,  Teller,  Trout,  Yansant,  Walbridge, 
Walkar,  and  Warren— 81. 

NAYS — Messrs.  Appleton,  David  J.  Bailey,  Ball,  Bennett,  Benson, 
Bliss,  Campbell,  Carpenter,  Chamberlain,  Chase,  Clark,  Clingman,  Cook, 
Corwin,  Cox,  Crocker,  Cullom,  Cutting,  Thomas  Davis,  Dickinson,  Ellison, 
Farley,  Fenton,  Flagler,  Fuller,  Goodrich,  Goodwin,  Grey,  Grow,  Aaron 
Harlan,  Wiley  P.  Harris,  Harrison,  Haven,  Hibbard,  Hiester,  Hill, 
Hughes,  Hunt,  Johnson,  Kittredge,  Knox,  Letcher,  Lilly,  Lindley,  Linds- 
ley,  McDougall,  Mace,  Macy,  Maurice,  Mayall,  Meacham,  Middleswarth, 
Murray,  Norton,  Andrew  Oliver,  Mordecai  Oliver,  Parker,  Peck,  Pratt, 
Puryear,  Ready,  Rowe,  Russell,  Sabin,  Sapp,  Seward,  Simmons,  Samuel  A. 
Smith,  William  R.  Smith,  Richard  H.  Stanton,  Hester  L.  Stevens,  Strat- 
ton,  Thurston,  Upham,  Wade,  Ellihu  B.  Washburne,  Israel  Washburn, 
Wells,  Tappan  Wentworth,  Westbrook,  Wheeler,  Yates,  and  Zollicoffer 
—84. 

So  the  House  refused  to  lay  the  resolution  upon  the  table. 

Pending  the  call. 

Mr.  KERR  said  :  Is  it  in  order  to  make  an  inquiry  of  the 
Chair  at  this  time  ? 

The  SPEAKER,  Only  by  the  unanimous  consent  of  the 
House. 

Mr.  KERR.  There  seems  to  be  some  misapprehension  in 
regard  to  this  matter.  I  suppose  by  laying  the  resolution 
upon  the  table  that  we  do  not  accept  the  resignation  of  Mr. 
Choate. 

The  SPEAKER.  The  Chair  understands  the  resignation  to 
have  been  already  received.  The  House  received  the  letter, 
and  it  was  read. 

Mr.  KERR.  There  seems  to  be  some  diversity  of  opinion 
in  relation  to  the  matter.  My  only  desire  is,  that  it  shall 
be  understood. 

The  question  then  recurred  upon  the  demand  for  the  pre- 
vious question. 

Mr.  FRANKLIN.  I  would  like  to  inquire  of  the  Chair,  if 
it  is  in  order  to  move  to  refer  this  matter  to  the  select  com- 
mittee already  in  existence  upon  the  subject  of  the  Smith- 
sonian fund  ? 

The  SPEAKER.     The  demand  for  the  previous   question 


.57'^  CONGRESSIONAL    PROCEEDINGS. 

cuts  off  any  motion,  until  the  House  determine  whether 
they  will  second  the  demand. 

Mr.  FRANKLIN.  I  give  notice  that  I  shall  make  the  mo- 
tion to  refer  these  papers  to  the  select  committee  already 
existing  upon  the  subject  of  the  Smithsonian  fund,  which 
has  this  matter  in  charge,  and  is  expecting  to  make  a  report 
upon  it  in  a  few  days. 

Mr.  WASHBURN,  of  Maine,  demanded  tellers  on  the  sec- 
ond to  the  demand  for  the  previous  question  ;  which  were 
ordered  ;  and  Messrs.  Grey  and  Walker  were  appointed. 

The  House  was  then  divided  ;  and  the  tellers  reported — 
ayes  74,  noes  72. 

So  there  was  a  second ;  and  the  main  question  was  then 
ordered  to  be  put. 

The  question  now  being  on  the  adoption  of  the  reso- 
lution, 

Mr.  PRINGLE  demanded  the  yeas  and  nays ;  which  were 
ordered. 

The  question  was  then  put ;  and  it  was  decided  in  the 
affimative — yeas  93,  nays  91 ;  as  follows  : 

YEAS — Messrs.  Abercrombie,  Appleton,  David  J.  Bailey,  Ball,  Banks, 
Bennett,  Benson,  Bristow,  Bugg,  Campbell)  Carpenter,  Chamberlain, 
Chase,  Clark,  Cook,  Corwin,  Crocker,  Cullom,  Curtis,  Cutting,  Thomua 
.Davis,  Dawson,  DeWitt,  Dickinson.  Eastman,  Edgerton,  Edmands,  Ellison, 
Etheridge,  Farley,  Fenton,  Flagler,  Fuller,  Goodrich,  Goodwin,  Grow, 
Aaron  Harlan,  Wiley  P.  Harris,  Haven,  Henn,  Hiostor,  Hill,  Hugh*-.*, 
Hunt,  Johnson,  Kittredge.  Knox,  Latham,  Letcher,  Lilly,  Lindley,  Linds- 
ley,  McDougall,  Mace,  Macy,  Matteson,  Maurice,  Mayall,  Mracharn,  Mid- 
-dleswarth,  Murray,  Norton,  Andrew  Oliver,  Parker,  Peck,  John  Perkins, 
Pratt,  Preston,  Puryear,  Ready,  David  Ritchie,  Rowe,  Russell,  Sabin,  Sapp, 
Simmons,  Singleton,  William  R.  Smith,  Richard  H.  Stanton,  He<tor  L. 
'Stevens,  Stratton,  Thurston,  Upham,  Wade,  Walsh,  Ellihu  H.  Washburne, 
Israel  Washburn,  Wells,  Tappan  Wentworth,  Westbrook,  Wheeler,  Yates, 
and  Zollicoffer— 93. 

NAYS— Messrs.  Aiken,  James  C.  Allen,  Willis  Allen,  Belcher,  Bocock, 
Boyce,  Breckinridge,  Bridges,  Caruthers,  Caskie,  Chandler,  Chastain, 
-Chrisman,  Clingman,  Cobb,  Colquitt,  Cox,  Craige,  John  G.  Davis,  Dunbar, 
Eddy,  Edmundson,  English,  Everhart,  Faulkner,  Florence,  Franklin, 
XJoode,  Greenwood,  Grey,  Hamilton,  Harrison,  Hendricks,  Hillyer,  Hous- 
ton, Ingersoll,  George  W.  Jones,  J.  Glancy  Jones,  Roland  Jones,  Keitt, 
Kerr,  Kurtz,  Lamb,  Macdonald,  McMulVm,  McQueen,  Maxwell^  Smith 
Miller,  Millson,  Morgan,  Nichols,  Olds,  Mordecai  Oliver,  Orr,  Packer, 
Pennington,  Bishop,  Perkins,  Phelps,  Powell,  Pringle,  Reese,  Richardson, 
Thomas  Ritchey,  Robbins,  Rogers,  Ruffin,  Snsje,  Seward,  Shannon,  Shaw, 
-Shower,  Skelton,  Samuel  A.  Smith,  George  W.  Smyth,  Sollers,  Fredorick 
P.  Stanton,  Straub,  Andrew  Stuart,  John  J.  Taylor,  John  L.  Taylor, 
Nathaniel  G.  Taylor,  Teller,  Trout,  Vansant,  and  Walker— 91. 

So  the  resolution  was  adopted. 

Mr.  MEACHAM.  I  move  to  reconsider  the  vote  by  which 
the  resolution  was  adopted,  and  to  lay  the  motion  to  re- 
consider upon  the  table. 


THIRTY-THIRD    CONGRESS,    1853-55.  57o 

Mr.  FLORENCE.  I  call  for  the  yeas  and  nays  upon  the 
motion  to  lay  upon  the  table. 

The  yeas  and  nays  were  ordered. 

The  question  was  then  put ;  and  it  was  decided  in  the 
Affirmative — yeas  94,  nays  82  ;  as  follows  : 

YEAS — Messrs.  Abercrombie,  James  C.  Allen,  Appleton,  David  J.  Bai- 
ey,  Ball,  Banks,  Barksdale,  Barry,  Bennett,  Benson,  Bristow,  Bugg, 
Campbell,  Carpenter,  Chamberlain,  Chase,  Clark,  Cook,  Corwin,  Crocker  r 
Thomas  Davis,  Dawson,  DeWitt,  Dickinson,  Eastman,  Edgerton,  Edmands, 
Allison,  Etheridge,  Farley,  Fenton,  Flagler,  Fuller,  Goodrich,  Goodwin,, 
jrrow,  Aaron  Harlan,  Sampson  "VV.  Harris,  Wiley  P.  Harris,  Hastings, 
Javen,  Henn,  Hiester,  Hill,  Hughes,  Hunt,  Johnson,  Kittredge,  Knoxr 
Latham,  Letcher,  Lilly,  Lindsley,  McDougall,  Mace,  Macy,  Matteson, 
Maurice,  Mayall,  Meacham,  Middleswarth,  Murray,  Noble,  Norton,  Au- 
Irew  Oliver,  Mordecai  Oliver,  Parker,  Peck,  Bishop  Perkins,  John  Per- 
dns,  Pratt,  Puryear,  Keady,  David  Ritchie,  Rowe,  Sabin,  Sapp,  Seward,. 
Simmons,  Singleton,  William  R.  Smith,  Richard  H.  Stanton,  Hestor  L. 
Stevens,  Stratton,  Thurston,  Upham,  Wade,  Ellihu  B.  Washburne,  Israel. 
.Vashburn,  Wells,  Tappan  Wentworth,  Westbrook,  Wheeler,  and  Yate& 
—94. 

NAYS— Messrs.  Willis  Allen,  Thomas  H.  Bayly,  Belcher,  Bell,  Bocock, 
Boyce,  Breckinridge,  Bridges,  Caskie,  Chandler,  Chastain,  Chrisman,  Cobbr 
Colquitt,  Craige,  John  G.  Davis,  Drum,  Dunbar,  Eddy,  Edmundson,  John 
M.  Elliott,  English,  Everhart,  Faulkner,  Florence,  Franklin,  Goode, 
Greenwood,  Grey,  Hamilton,  Harrison,  Hendricks,  Hillyer,  Ingersoll, 
George  W.  Jones,  J.  Glancy  Jones,  Roland  Jones,  Keitt,  Kerr,  Kurtzr 
Lamb,  Lewis,  Macdonald,  McMullin,  McQueen,  Maxwell,  Smith  Miller, 
Millson,  Morgan,  Nichols,  Olds,  Orr,  Packer,  Pennington,  Phelps,  Pringle, 
Reese,  Thomas  Ritchey,  Robbins,  Rogers,  Ruffin,  Sage,  Shannon,  Shaw, 
Shower,  Skelton,  Samuel  A.  Smith,  William  Smith,  George  W.  Smyth,. 
Frederick  P.  Stanton,  Straub,  Andrew  Stuart,  John  J.  Taylor,  John  L. 
Taylor,  Nathaniel  G.  Taylor,  Teller,  Trout,  Vansant,  Walker,  Walsh, 
Warren,  and  Witte— 82. 

So  the  motion  to  reconsider  was  laid  upon  the  table. 

HOUSE  OF  REPRESENTATIVES,  January  18,  1855. 

The  SPEAKER  announced  the  following  as  the  members  of 
the  select  committee,  raised  for  the  purpose  of  investigating 
the  management  of  the  Smithsonian  Institution : 

Mr.  Upham  of  Massachusetts,  Mr.  Witte  of  Pennsylvania, 
Mr.  Taylor  of  Tennessee,  Mr.  Wells  of  Wisconsin,  and  Mr. 
Puryear  of  North  Carolina. 

The  SPEAKER,  The  Chair  would  state  that  the  gentleman 
from  Vermont,  [Mr.  Meacham,]  at  whose  instance  the  com- 
mittee was  raised,  was  not  placed  on  it  at  his  own  request. 
He  is  one  of  the  regents  of  the  Smithsonian  Institution,  and 
thought  that,  under  the  circumstances,  he  ought  not  to  serve 
on  the  committee.  Had  he  not  requested  to  be  excused  from 
service,  he  would  have  been  put,  according  to  custom,  at  the 
head  of  the  committee. 


,574  CONGRESSIONAL    PROCEEDINGS. 

HOUSE  OF  REPRESENTATIVES,  February  20,  1855. 

Mr.  UPHAM.  I  wish,  by  the  unanimous  consent  of  the 
House,  to  ask  for  the  appointment  of  a  clerk  to  the  Com- 
mittee on  the  Smithsonian  Institution.  We  have  been  at 
work  nearly  one  month,  most  laboriously,  and  have  been 
compelled  to  employ  a  clerk,  and  sometimes  more  than  one. 
I  have  not  had  an  opportunity  to  bring  my  motion  for  the 
appointment  of  a  clerk  before  the  House,  because  every 
morning  gentlemen  insisted  on  the  regular  order  of  busi- 
ness; and  T  now  ask  the  House  to  allow  that  committee  to 
employ  a  clerk. 

[General  cries  of  "Oh  yes — let  them  have  a  clerk!"] 

Mr.  HUGIIES.  If  the  House  give  unanimous  consent  to 
the  gentleman's  proposition,  I  will  withdraw  the  motion  to 
adjourn. 

Mr.  PERKINS  of  New  York,  and  others.     I  object. 

Mr.  UPHAM.  Then  I  move  that  the  rules  be  suspended, 
to  enable  me  to  submit  my  proposition. 

The  SPEAKER  pro  tempore.  That  cannot  be  done,  as  there 
is  a  motion  to  suspend  the  rules  pending. 

Mr.  HUGHES.     I  now  renew  my  motion  to  adjourn. 

The  question  was  taken;  and  the  motion  was  agreed  to. 

HOUSE  OF  REPRESENTATIVES,  February  27,  1855. 

The  House  being  in  the  Committee  of  the  Whole  on  the 
state  of  the  Union,  Mr.  WM.  II.  KV.LISII,  of  Indiana,  said: 

I  propose  occupying  the  attention  of  the  committee, 
for  a  short  time  in  submitting  some  practical  remarks 
in  reference  to  the  present  condition  and  management 
of  the  Smithsonian  Institution.  It  is  not  a  subject,  sir, 
the  introduction  of  which  into  Congress  has  received  any 
favor  from  me.  I  regretted  to  see  it  brought  here;  and 
when  the  gentleman  from  Vermont,  [Mr.  Meacham,]  upon  a 
late  occasion,  introduced  a  resolution  to  raise  a  special  com- 
mittee of  inquiry,  I  felt  it  my  duty  to  oppose  its  adoption. 
I  knew  that  such  an  examination  would  be  attended  with 
expense,  and  a  consumption  of  time  which  at  that  late 
period  of  the  session,  could  not  well  be  spared  from  other 
and  more  important  public  business — that  it  would  tend  to 
irritate  the  feelings  of  gentlemen  heretofore  or  now  con- 
nected with  the  institution,  and,  in  a  word,  might  do  evil, 
but  could  not  result  in  practical  good.  My  knowledge  of 
the  subject  satisfied  me  that  nothing  had  occurred  to  demand 
the  raising  of  a  special  committee,  clothed  with  power  to 
send  for  persons  and  papers,  thus  giving  to  the  disappointed 


THIRTY-THIRD    CONGRESS,    1853-55.  575 

and  dissatisfied  an  opportunity  of  assailing  the  institution 
or  its  officers  at  the  public  expense. 

Sir,  I  felt  conscious  then,  as  I  do  now,  that  the  manage- 
ment has  been  such  in  all  material  respects  as  ought  to  elicit 
commendation.  This  I  may  say  with  the  greater  propriety 
arid  freedom,  for  the  reason  that  the  causes  which  led  to  this 
investigation  originated  and  were  fully  developed  before  my 
connection  with  the  institution  as  a  regent;  a  position,  I 
may  add,  supposed  to  be  of  some  honor,  but  certainly  one 
of  considerable  labor,  much  responsibility,  and  no  pecuniary 
benefit  whatever. 

That  the  management  of  an  institution  having  so  large 
an  endowment,  and  a  design  so  comprehensive,  should  occa- 
sion difference  of  opinion  and  difficulty  is  not  surprising  in 
the  least.  It  would  be  more  surprising  were  it  otherwise. 
Whilst  all  concur  in  desiring  the  accomplishment  of  the 
great  object  Smithson  had  in  view — "The  increase  and  dif- 
fusion of  knowledg'e  among  men" — the  wisest  and  best  may 
well  differ  as  to  the  proper  means  to  be  used  to  attain  that 
end. 

Although  not  entirely  approving  all  that  has  been  done,  I 
must  say,  in  view  of  the  vastness  of  the  subject,  and  that 
Congress  was  ten  years  in  adopting  even  the  outlines  of  a 
plan,  that  the  present  condition  of  the  institution  is  not 
only  encouraging,  but  a  subject  of  congratulation  rather 
than  of  censure,  to  those  charged  with  the  management  of 
its  affairs.  Sir,  I  ask  where  there  has  been  any  material 
departure  from  the  act  of  Congress  or  the  will  of  Smithson? 
Have  the  funds  been  squandered  or  improperly  applied?  Is 
the  institution  in  debt  or  its  income  exhausted?  Have  the 
officers  neglected  their  duty?  Is  there  corruption  or  im- 
proper conduct  in  any  quarter?  Sir,  it  is  an  easy  matter  to 
criticise,  to  find  fault,  to  indulge  in  loose  statements  and 
undefined  insinuations,  but  I  have  yet  to  hear  alleged  any 
just  and  definite  cause  of  complaint.  Look  at  the  financial 
department,  where  corruption  would  most  likely  exist,  if  it 
existed  at  all,  and  you  will  find  the  gratifying  fact  that  it 
has  been  so  judiciously  managed  that  after  paying  all  the 
current  expenses  the  funds  and  property  are  this  day  actually 
worth  double  the  amount  of  the  original  bequest.  Where,  sir,  in 
this  age  of  extravagant  expenditure  of  public  money  and 
deficiency  bills,  will  .you  find  a  parallel  to  this? 

The  regents  are  authorized  to  expend  all  the  accruing  in- 
terest, but,  so  far  from  doing  this,  they  have,  by  husbanding 
the  resources  and  by  constant  watchfulness  over  the  disburse- 
ments, actually  saved  the  sum  of  $130,000,  which  they  have 


576  CONGRESSIONAL   PROCEEDINGS. 

now  on  hand  to  apply  as  a  permanent  addition  to  the  principal. 
What,  then,  is  the  result?  A  magnificent  building,  of  ample 
dimensions,  has  been  erected  at  a  cost  of  $300,000.  Books, 
apparatus,  and  other  articles  have  been  provided  for  the 
library,  museum,  laboratory,  and  gallery  of  art,  worth 
$85,000.  Lecturers  have  been  employed,  original  researches 
made,  many  valuable  scientific  works  published  and  dis- 
tributed, the  current  expenses  entirely  paid,  and  yet  the 
principal  is  increased  §130,000.  And  of  the  interest  ex- 
pended I  have  yet  to  hear  where  one  dollar  was  devoted  to 
an  improper  purpose.  Does  this  look  as  if  the  institution 
was  badly  managed  ? 

If  I  am  asked,  Mr.  Chairman,  what  the  institution  has 
done  to  carry  out  the  object  for  which  it  was  designed,  I 
reply  that  it  has  not  had  time  to  do  much.-  It  is  in  its 
infancy.  The  building  is  but  just  completed,  and  it  is  not 
to  be  expected  that  a  great  establishment  which  is  to  exist 
as  long  as  this  Government  itself,  is  to  be  built  up  in  u  day. 
The  foundation  is  being  laid  deep  and  wide,  and  the  noble 
work  will  gradually  but  surely  advance. 

But,  sir,  I  think  it  can  be  shown  that  something  has 
already  been  accomplished;  that  a  good  beginning,  at  least, 
has  been  made,  especially  in  view  of  the  limiu  <1  annual  in- 
come, which  from  the  original  fund,  is  less  than  .S-'J  1,000. 
Why,  a  single  report  of  the  Patent  Office  costs  three  times 
as  much  as  the  entire  income  of  the  Smithsonian  fund  for  a 
year. 

Sir,  the  official  report  to  be  made  at  the  present  session 
of  Congress  will  show  that  "  liberal  provision  has  been  made 
for  a  library,  museum,  and  gallery  of  art,  in  the  construction 
of  a  building  which  has  cost  §300,000.  A  library  has  been 
commenced,  and  means  devised  for  its  extension,  which  at 
present  is  valued  at  §40,000. 

"  A  museum,  the  most  complete  to  be  found  in  the  United 
States,  in  the  natural  history  of  the  North  American  conti- 
nent, has  been  collected,  which  is  valued  at  not  less  than 
§30,000. 

UA  cabinet  of  apparatus,  consisting  of  instruments  of 
illustration  and  research,  which  is  worth  more  than  §15,000, 
has  been  obtained. 

^  "A  beginning  has  been  made  of  a  gallery  of  art,  consist- 
sisting  of  a  choice  collection  of  a  series  of  specimens  of  en- 
gravings of  the  old  masters." 

A  correspondence  has  been  opened  and  friendly  relations 
established  with  most  of  the  leading  colleges  and  literary 
institutions,  not  only  in  this  country,  but  throughout  the 


THIRTY-THIRD    CONGRESS,    1853-55.  577 

world,  thus  securing  scientific  co-operation,  and  often  ah  ex- 
change of  valuable  researches  and  publications.  Such  rela- 
tions exist  with  no  less  than  three  hundred  and  forty-two 
foreign  institutions,  scattered  over  Sweden,  Norway,  Iceland, 
Denmark,  Russia,  Holland,  Germany,  Switzerland,  Belgium, 
France,  Italy,  Spain,  Portugal,  Great  Britain,  Ireland,  South 
America,  Mexico,  and  even  Greece,  Turkey,  Africa,  Asia, 
and  Van  Dieman's  Land.  Lectures  upon  popular  and  scien- 
tific subjects  have  been  regularly  delivered  at  the  institution 
during  the  sessions  of  Congress,  and  have  been  open  to  "  all 
men,"  free  of  charge.  Original  researches  have  been  stimu- 
lated, and  many  valuable  memoirs  upon  scientific  subjects 
published  and  distributed  to  all  the  principal  libraries  and 
learned  societies  in  the  world.  To  show  conclusively  what 
has  already  been  done  in  this  direction,  I  will  give  a  list  of 
some  of  the  publications,  premising,  in  the  language  of  the 
secretary  of  the  board,  that  "the  institution  up  to  this  time 
has  scarcely  published  a  single  paper  the  production  of  which 
has  not  been  stimulated  and  assisted,  or  whose  character  has 
not  been  improved  by  the  agency  of  the  institution ;  and,  as 
a  whole,  they  are  such  as  could  not  have  been  given  to  the 
world  without  the  aid  of  the  Smithsonian  bequest."  They 
are  the  products  of  American  genius,  and  have  reflected  the 
highest  honor  on  American  science: 

WORKS   PUBLISHED    BY    THE   SMITHSONIAN    INSTITUTION. 

Quarto  Volumes. 
Smithsonian  Contributions  to  Knowledge.  ^  1848.  Vol.  I,  4°,  pp.  346,  with 

48  plates  and  207  woodcuts. 
Smithsonian  Contributions  to  Knowledge.    1851.  Vol.  II,  4°,  pp.  464,  and 

24  plates. 
Smithsonian  Contributions  to  Knowledge.    1852.  Vol.  Ill,  4°,  pp.  564,  and 

35  plates. 

Smithsonian  Contributions  to  Knowledge.    1852.  Vol.  IV,  4°,  pp.  426. 
Smithsonian  Contributions  to  Knowledge.    1853.  Vol.  V,  4°,  pp.  538,  and 

45  plates. 

Smithsonian  Contributions  to  Knowledge.    1854.  Vol.  VI,  4°,  pp.  476,  and 
53  plates. 

Mathematics  and  Physics. 

The  Law  of  Deposit  of  the  Flood  Tide :  its  dynamical  action  and  office 
By  Charles  Henry  Davis,  Lieutenant  United  States  Navy. 

Observations  on  Terrestrial  Magnetism  :  By  John  Locke,  M.  D.,  M.  A. 
P.  S. 

Researches  on  Electrical  Kheometry :  By  A.  Secchi. 

Astroriomy. 

Six  Memoirs  upon  the  Occulations  Visible  in  the  United  States  during 
the  years  from  1848  to  1853,  inclusive.     Computed  under  the  direction  of 
the  Smithsonian  Institution  :  By  John  Downes.     1848.     4°,  pp.  12. 
Researches  Relative  to  the  Planet  Neptune :   By  Sears  C.  Walker,  Esq. 
Ephemeris  of  Neptune  for  the  Opposition  of  1848:  By  Sears  C.  Walker, 
Esq. 

37 


578  CONGRESSIONAL  PROCEEDINGS. 

Ephemeris  of  the  Planet  Neptune  from  the  Date  of  the  Lalande  Observa- 
tions of  May  8  and  10,  1795,  and  for  the  Oppositions  of  1846,  1847,  1848,  and 
1849:  By  Sear's  C.  Walker,  Esq. 

Three  Memoirs  upon  the  Ephemeris  of  the  Planet  Neptune  for  the  years 
1850,  1851,  and  1852. 

On  the  History  of  the  Discovery  of  the  Planet  Neptune :  By  B.  A.  Gould, 
Jr.  1850. 

Meteorology. 

On  the  Winds  of  the  Northern  Hemisphere:  By  Professor  J.  H.  Coffin. 
November,  1853.  4°,  pp.  200,  and  13  plates. 

Directions  for  Meteorological  Observations,  intended  for  the  First  Class 
of  Observers  :  By  Arnold  Guyot. 

A  Collection  of  Meterological  Tables,  with  other  tables  useful  in  Practical 
Meteorology  :  Prepared  by  order  of  the  Smithsonian  Institution  by  Arnold 
Guyot. 

Chemistry  and  Technology. 

Memoir  on  the  Explosiveness  of  Nitre,  with  a  view  to  elucidate  its  agency 
in  the  tremendous  explosion  of  July,  1845,  in  New  York  :  By  Robert  Hare, 
M.  D. 

On  Recent  Improvements  in  the  Chemical  Arts  :  By  Professor  James  C. 
Booth  and  Campbell  Morfit. 

Geography,  Ethnology,  and  Philology. 

Ancient  Monuments  of  the  Mississippi  Valley  ;  comprising  the  results  of 
extensive  original  surveys  and  explorations:  By  E.  G.  Squier,  A.  M.,  and 
E.  H.  Davis,  M.  D.;  pp.  346,  48  plates,  and  207  woodcuts. 

Aboriginal  Monuments  of  the  State  of  New  York  ;  comprising  the  results 
of  original  surveys  and  explorations;  with  an  illustrative  appendix:  By  E. 
G.  Squier,  A.  M.  1850;  pp  188,  14  plates,  and  72  woodcuts. 

Description  of  Ancient  Works  in  Ohio:    By  Charles  \Vlnttlcs«'y.     1851. 

Catalogue  of  Portraits  of  North  American  Indians,  with  sketches  of 
scenery,  etc. 

Contributions  to  the  Physical  Geography  of  the  United  States.  Part  I. — 
On  the  Physical  Geography  of  the  Mississippi  Valley,  with  suggestions  for 
the  improvement  of  the  navigation  of  the  Ohio  and  other  rivers  :  By  Charles 
Ellet,  Jr.,  Civil  Engineer. 

On  the  Vocal  Sounds  of  Laura  Bridgeman,  the  Blind  Deaf  Mute  at  Bos- 
ton;  compared  with  the  Elements  of  Phonetic  Language:  By  Dr.  Francis 
Lieber. 

A  Grammar  and  Dictionary  of  the  Dakota  Language :  Collected  by  the 
members  of  the  Dakota  Mission;  edited  by  Rev.  S.  it.  Riggs,  A.  M.,  Mis- 
sionary of  the  American  Board  of  Commissioners  for  Foreign  Missions. 

Vocabulary  of  the  Jargon  of  Trade  Language  of  Oregon  :  By  Dr.  B. 
Rush  Mitchell,  U.  S.  N.;  with  additions  by  Professor  W.  W.  Turner. 

Microscopical  Science. 

Microscopical  Examination  of  Soundings  made  by  the  United  States  Coast 
Survi-y  off  the  Atlantic  coast  of  the  United  States  :  By  Professor  J.  W. 
Bailey. 

Microscopical  Observations  made  in  South  Carolina,  Georgia,  and 
Florida:  By  Professor  J.  W.  Bailey. 

Notes  on  New  Species  and  Localities  of  Microscopical  Organisms :  By 
Professor  J.  W.  Bailey. 

A  Flora  and  Fauna  within  Living  Animals:  By  Joseph  Leidy,  M.  D. 
April,  1853. 

Zoology  and  Physiology. 

The  Classification  of  Insects  from  Embryological  Data:  By  Professor 
Louis  Agassiz.  1850. 


THIRTY-THIRD    CONGRESS,    1853-55.  579 

Catalogue  of  the  Described  Coleoptera  of  the  United  States:  By  Fred- 
erick Ernst  Melsheimer,  M.  D.  Kevised  by  S.  S.  Haldeman  and  J.  L.  Le 
•Conte. 

Synopsis  of  the  Marine  Invertebrata  of  Grand  Manan,  or  the  Region 
about  the  mouth  of  the  Bay  of  Fundy,  New  Brunswick  :  By  W.  Stimpson. 

Contributions  to  the  Natural  History  of  the  Fresh  Water  Fishes  of  North 
.America  :  By  Qharles  Girard. 

Anatomy  of  the  Nervous  System  of  Rana  pipiens,  L.:  By  Jeffries  Wyman, 
.M.  D. 

Catalogue  of  North  American  Reptiles,  in  the  museum  of  the  Smithsonian 
Institution.  Part  I.— Serpents  :  By  S.  F.  Baird  and  C.  Girard. 

Botany. 

Plantae  Wrightianse  Texano-Neo  Mexicans :  By  Asa  Gray,  M.  D.  Part 
I— pp.  146,  and  10  plates. 

Plantse  Wrightianse  Texano-Neo  Mexican*.  Part  II. — An  account  of  a 
collection  of  plants,  made  by  Charles  Wright,  in  Western  Texas,  New 
Mexico,  and  Sonora,  in  the  years  1851  and  1852 :  By  Asa  Gray,  M.  D. — 
pp.  120,  and  4  plates. 

Nereis  Boreali  Americana,  or  Contributions  to  a  History  of  the  Marine 
Algse  of  North  America.  Part  I. — Melanospermeae :  By  William  Henry 
Harvey,  M.  D.,  M.  R.  I.  A.;  pp.  152  and  12  colored  plates. 

Nereis  Boreali-Americana,  or  Contributions  to  a  History  of  the  Marine 
Algse  of  North  America.  Part  II. — Rhodospermse :  By  William  H. 
.Harvey,  M.  D.,  M.  R.  I.  A.;  pp.  262,  and  24  plates,  colored. 

Plantae  Fremontianse ;  or  descriptions  of  plants  collected  by  Colonel  J. 
C.  Fremont  in  California  :  By  John  Torrey,  F.  L.  S.  1853 ;  pp.  24,  and  10 
plates. 

Observations  on  the  Bails  Maritima  of  Linnaeus  :  By  John  Torrey, 
F.  L.  S. 

On  the  Darlingtonia  Calif ornica ;  a  new  pitcher  plant  from  Northern 
California :  By  Jo^n  Torrey,  F.  L.  S. 

Palce.oniology . 

A  Memoir  on  Mosasaurus,  and  the  three  allied  new  genera,  Holcodus, 
-Conosaurus,  and  Amphorosteus:  By  Robert  W.  Gibbes,  M.  D. 

Memoir  upon  the  Extinct  Species  of  Fossil  Ox :  By  Joseph  Leidy,  M.  D. 

The  Ancient  Fauna  of  Nebraska;  or,  a  description  of  remains  of  extinct 
Mammalia  and  Chelonia  from  the  Mauvaises  Torres  of  Nebraska :  By 
.Joseph  Leidy,  M.  D.;  pp.  124,  and  25  plates. 

Bibliography. 

Bibliography  of  American  Natural  History,  for  the  year  1851 :  By 
Charles  Girard. 

Notices  of  Public  Libraries  in  the  United  States :  By  Professor  C.  C. 
Jewett. 

Directions  for  Collecting,  Preserving,  and  Transporting  Specimens  of 
Natural  History.  Prepared  for  the  use  of  the  Smithsonian  Institution. 
Two  editions. 

These  works  are  distributed  gratuitously  to  most  of  the 
incorporated  colleges  and  libraries  in  the  United  States,  and 
to  the  leading  literary  institutions  of  other  countries.  They 
are  not  copyrighted,  and  are  sold  by  the  trade  at  a  low  rate. 

It  may  be  contended  that  researches  and  publications  of 
a  character  so  purely  scientific  are  not  calculated  directly  to 
diffuse  knowledge  among  the  great  mass  of  mankind. 

This  is,  no  doubt,  to  a  certain  extent,  true,  and  I  shall  be 


580  CONGRESSIONAL   PROCEEDINGS. 

glad  to  see  the  operations  of  the  institution  made  as  plain 
and  practical  as  the  nature  of  the  subjects  will  admit :  but 
it  should  not  be  forgotten  that  the  grand  object  of  the  insti- 
tution is  to  add  to  the  sum  total  of  the  knowledge  now  exist- 
ing in  the  world,  and  to  diffuse  it  "  among  men,"  rather  than 
to  scatter  that  more  widely  which  is  already  accessible,  in  a, 
greater  or  less  degree,  to  all. 

"  Scientific  researches,"  says  a  committee  of  the  Board  of 
Regents,  "are  often  supposed  by  the  uninformed  to  be  of 
little  or  no  real  importance;  and,  indeed,  are  frequently 
ridiculed  as  barren  of  all  practical  utility;  but  nothing  is 
more  mistaken  than  this.  The  most  valuable  and  productive 
of  the  arts  of  life,  the  most  important  and  wonder-working 
inventions  of  modern  times,  owe  their  being  and  value  to 
scientific  investigations.  By  these  have  been  discovered 
physical  truths  and  laws,  the 'intelligent  application  ot  which 
to  practical  inventions  has  given  immense  benefits  to  the 
world.  The  germs  of  these  valuable  improvements  and  in- 
ventions have  been  found  and  developed  by  scientific  research, 
the  original  forms  of  which  have  often  seemed  to  the  many 
to  be  as  idle  and  useless  as  they  were  curious.  A  proposi- 
tion relating  to  the  pendulum,  which  for  many  years  re- 
mained only  a  curious  theoretical  relation,  ultimately  fur- 
nished a  unit  for  the  standard  measures  of  states  and  nations. 
The  discovery  that  a  magnetic  needle  could  be  moved  by  a 
galvanic  current  seemed  for  a  long  time  more  curious  than 
useful,  and  yet  it  contained  the  germ  of  all  that  was  after- 
wards developed  in  the  telegraph.  It  has  been  well  remarked 
that  numerous  applications  and  inventions  always  result  from 
the  discovery  of  a  scientific  principle;  so  that  there  are  many 
Fultons  for  every  Franklin." 

Besides  this,  it  must  be  recollected  that  Smithson  restricted 
his  bequest  to  no  particular  branch  of  knowledge.  He  con- 
sidered all  intimately  connected  with  the  improvement  and 
happiness  of  the  human  family,  and  as  an  answer  to  what- 
ever may  be  said  against  the  character  of  the  publications 
of  the  institution,  it  may  be  stated  that  they  relate  to  pre- 
cisely the  same  subjects  as  those  which  occupied  the  life  of 
Smithson  himself. 

Now,  sir,  I  will  proceed  to  state  what  I  conceive  to  be  the 
true  origin  of  all  the  difficulties  that  have  existed  in  the  in- 
stitution. They  have  grown  out  of  the  question  whether 
the  income  should  be  used  to  build  up  a  library,  as  the  para- 
mount object,  or  whether  they  should  be  applied  not  only 
for  a  library,  but  for  such  other  purposes  "to  increase  and 
diffuse  knowledge"  as  would,  in  the  judgment  of  the  regents,. 


THIRTY-THIRD    CONGRESS,    1853-55.  581 

accord  with  the  will  of  Smithson  and  the  law  of  Con- 
gress organizing  the  institution. 

This  is  the  starting  point  of  the  whole  controversy.  It 
is  not  pretended  by  any  one  that  the  funds  have  not  been 
expended  in  an  honest  effort  to  increase  and  diffuse  knowl- 
edge, but  that  they  have  not  been  chiefly  devoted  to  a  library 
.as  the  proper  instrument  to  effect  the  desired  end. 

Now,  as  this  Government  is  only  the  trustee  to  carry  out 
.the  will  of  the  gentleman  whose  money  supports  the  insti- 
tution, it  becomes  important  to  examine  into  the  nature  of 
that  instrument,  for  the  law  declares  its  true  intent  to  be  to 
carry  out  "the  will  of  the  liberal  and  enlightened  donor." 
Sir,  what  is  that  will  ?  I  ask  gentlemen  to  read  it,  and  answer 
whether  there  is  anything  indicating  that  a  library  was  re- 
garded as  the  paramount  object,  which,  like  the  rod  of  Aaron, 
was  to  swallow  up  everything  else  ?  The  bequest,  in  the 
language  of  the  testator,  is  "  to  found  at  Washington  an  estab- 
lishment under  the  name  of  the  Smithsonian  Institution,  for  the 
increase  and  diffusion  of  knowledge  AMONG  MEN."  I  submit  that 
to  devote  the  money  of  Smithson  to  the  building  up  of  a 
library  as  a  paramount  object  would  neither  carry  out  the 
letter  nor  the  spirit  of  his  will.  The  benefit  to  be  derived 
from  such  an  expenditure  would  necessarily  be  local  in  its 
character,  and,  instead  of  being  useful  to  "men"  in  the  com- 
prehensive sense  used  by  Smithson,  would  enure  to  the  benefit 
of  citizens  of  Washington,  and  the  privileged  and  fortunate 
few  who  might  from  time  to  time  visit  the  capital.  Such 
.an  expenditure,  in  my  judgment,  neither  accords  with  the 
evident  intent  of  the  will  or  the  character  and  sentiments 
of  the  man  who  made  it.  He  did  not  bequeath  his  fortune 
to  found  a  library  alone,  or  to  increase  and  diffuse  knowledge 
among  the  citizens  of  the  United  States,  much  less  among 
the  residents  and  visitors  of  Washington,  but  "  among 
men  " — men  of  all  classes  and  everywhere,  and  to  increase 
and  diffuse  every  species  of  human  knowledge. 

James  'Smithson,  Mr.  Chairman,  was  a  foreigner — the 
natural  son  of  the  Duke  of  Northumberland  and  of  Eliza- 
beth, the  niece  of  the  Duke  of  Somerset — but  he  was  not 
possessed  of  that  intolerant  spirit — that  species  of  religious 
fanaticism  and  sectional  prejudice  which,  I  regret  to  see,  is 
entertained  by  many  of  our  own  nation.  A  truly  wise  and 
enlightened  people  should  not  arrogate  to  themselves  a  supe- 
riority in  all  things  over  every  other  part  of  the  world,  and 
Avrap  themselves  in  a  rigid  exclusiveness  like  the  Japanese, 
but  should  rather  pursue  that  policy  which  would  gather 
irom  other  nations  their  best  and  most  valuable  citizens. 


582  CONGRESSIONAL    PROCEEDINGS. 

arts,  and  inventions.  A  Chinese  map  of  the  world  consist? 
of  China;  other  countries,  if  indicated  at  all,  occupying  no- 
larger  space  than  that  usually  allotted  to  the  smaller  class 
of  islands.  The  wild  Indians  and  the  roving  Tartars  con- 
sider the  customs  of  their  respective  tribes  or  clans  the  per- 
fection of  human  life,  and  regard  with  savage  suspicion  all 
who  do  not  judge  of  perfection  by  their  standard;  and,  in 
fact,  every  savage,  and  most  all  half-civilized  people,  think 
that  within  the  boundaries  of  their  own  country  are  to  be 
found  all  virtue,  intelligence,  heroism,  and  happiness.  They 
are  ever  jealous  of  strangers,  (foreigners,)  deny  them  all  po- 
litical rights,  and  sometimes  persecute  them  to  the  death. 

8ir,  I  have  some  place  read  an  account  of  a  visit  paid  by 
the  officers  of  a  French  vessel  to  an  African  chief  in  the 
wilds  of  his  native  country.  His  sable  majesty,  plentifully 
besmeared  with  grease,  seated  on  a  log  for  a  throne,  and 
wonderfully  impressed  with  the  vast  superiority  of  every- 
thing and  everybody  within  his  own  dominions,  eagerly  in- 
quired of  the  officers  whether  he  was  much  talked  about  in  France. 
I  have  met  some  men  in  this  country — even  the  sons  or 
foreigners — equally  puffed  up  in  self-importance  with  the 
idea  that  America  is  the  world,  and  they  the  chief  instru- 
ments in  "  governing  America."  No  man  can  have  a  more 
exalted  opinion  of  this  Republic  than  I,  for  it  is  my  native 
land,  but  I  shall  not,  therefore,  be  blinded  to  the  merit  of 
those  whose  destiny  it  happened  to  be  to  come  into  the  world 
elsewhere,  and  especially  those  who,  from  choice,  have  se- 
lected this  as  their  permanent  home;  neither  shall  I  forget 
how  much  our  own  career  of  greatness  and  glory  has  been 
facilitated  by  emigration.  Most  sincerely  do  I  trust  that 
narrow  bigotry,  sectional  prejudice,  and  barbarian  exclusive- 
ness  will  never  control  the  destinies  of  the  United  States! 

Mr.  Chairman,  James  Smithson  was  elevated  far  above- 
all  selfish,  narrow-contracted,  sectional  views.  He  is  be- 
lieved never  to  have  set  his  foot  on  our  soil,  and  yet  he 
passes  the  splendid  monarchies  of  the  Old  World,  and  in- 
trusts, with  confidence  unqualified,  to  the  honor  of  repub- 
lican America,  the  dispensation  of  his  bequest  for  the  good 
of  all  men.  Of  noble  descent  himself,  and  of  ample  fortune, 
his  sympathies  were  not  alone  with  those  of  his  own  class, 
or  his  own  country,  but  with  "  MEN,"  without  limit  or  restric- 
tion. ^  He  declares  in  exalted  language,  which  deserves  to 
be  written  in  letters  of  gold,  that  "the  man  of  science  is  of 
no  country ;  the  world  is  his  countrv,  and  all  men  his  country- 
men." ^  Though  he  could  boast  thaUhe  best  blood  of  England 
flowed  in  his  veins,  yet  he  said  that  availed  him  not,  for  his 


THIRTr-THIRD    CONGRESS,    1853-55.  583 

name  would  live  in  the  memory  of  men  when  the  titles  of 
the  Northumberlands  and  Percies  were  extinct  or  forgotten. 

Sir,  the  language  used  in  the  bequest  corresponds  with 
what  might  naturally  be  expected  from  one  possessing  the 
enlarged  views  of  Smithson. 

The  great  ideas  of  the  will  are  those  of  increase  and  uni- 
versal benefit.  The  benefit  is  not  for  one  nation,  but  for 
"men'7 — who  make  up  all  nations.  It  is  for  mankind — for 
humanity.  The  truths  of  science  admit  of  universal  appli- 
cation. A  truth  that  tends  to  enlarge  and  to  elevate  the 
mind ;  a  discovery  that  furnishes  a  new  power,  or  makes  a 
new  application  of  an  old  one,  to  administer  in  a  greater 
degree  to  the  wants  of  men ;  a  fact  that  opens  to  the  analytic 
mind  a  new  source  of  evidence  to  determine  what  before 
was  doubtful,  are  blessings  for  a  world. 

Mr.  Chairman,  it  is  contended  by  some  that  the  act  of 
Congress  organizing  the  institution  contemplated  a  library 
as  the  leading  and  paramount  object  of  the  plan.  Sir,  I  do 
not  so  understand  the  law.  I  am  unable  to  find  anything  in 
it  which  conflicts  with  the  will  of  Smithson.  The  object 
of  the  law  is  declared  to  be  to  carry  out  his  wishes  as'  ex- 
pressed in  the  will.  It  provides  a  general  outline  for  the 
execution  of  the  trust,  but  necessarily  leaves  much  to  the 
judgment  of  the  regents,  who  are  intrusted  with  the  general 
management  of  the  institution.  It  mentions  a  library,  mu- 
seum, &c.,  as  objects  to  be  regarded,  but  does  not  require 
that  all  the  income  shall  be  applied  to  the  objects  specially 
mentioned,  or  a  particular  amount  to  any  one  of  them;  and 
the  ninth  section  expressly  authorizes  the  regents  to  make 
such  disposition  of  the  income,  not  required  to  carry  out  the 
provisions  specified  elsewhere  in  the  act,  "as  they  shall  deem 
best  suited  for  the  promotion  of  the  purpose  of  the  testator,'* 
which  purpose  is  declared  in  the  title  of  the  act  to  be  "  to 
establish  the  Smithsonian  Institution,  (not  Library,)  for  the 
increase  and  diffusion  of  knowledge  among  men." 

The  law  does  not  specify  the  sum  that  shall  be  expended 
upon  the  museum,  or  any  of  the  objects  mentioned.  No- 
amount  is  required  to  be  annually  applied  to  a  library,  but 
there  is  a  limitation  that  it  shall  not  exceed  a  certain  sum. 
It  may  be  less,  much  less,  but  in  no  event  more.  Pains  seem 
to  have  been  taken  to  secure,  for  all  time,  the  services  of 
gentlemen  of  talent  and  standing  upon  the  Board  of  Regents, 
and  they  are  wisely  and  necessarily  intrusted  with  some  dis- 
cretion in  the  expenditure  of  the  income  and  the  general 
management  of  the  affairs  of  the  institution.  Take,  as  an 
example,  the  item  of  books.  They  are  an  article  of  trade, 


584  CONGRESSIONAL    PROCEEDINGS. 

and  their  prices  fluctuate  in  the  market  as  other  articles  of 
merchandise ;  one  year  it  might  be  expedient  to  make  large 
purchases,  and  another  less.  Who  is  to  determine?  Surely 
the  Board  of  Regents  would  best  know  what  to  buy,  when, 
and  in  what  quantities,  and  the  law  very  properly  confers 
upon  them  such  discretion.  It  does  not  require  the  rapid 
accumulation  of  a  library ;  but,  on  the  contrary,  expressly 
provides,  in  the  eighth  section,  "for  the  gradual  formation 
of  a  library,  composed  of  valuable  works;"  and  that,  sir,  is 
exactly  what  I  understand  to  be  the  wish  and  design  of  a 
majority  of  the  present  Board.  Why,  sir,  the  institution 
has  alre.-idy,  by  purchase  and  through  the  medium  of  ex- 
changes,  collected  fourteen  thousand  volumes  and  eleven 
thousand  parts  of  volumes,  estimated  to  be  worth  §40,000; 
and  if  any  regent  or  officer  contemplates  the  abandonment 
of  the  gradual  formation  of  a  library  of  valuable  works,  as 
prescribed  in  the  act  of  Congress,  I  am  ignorant  of  the  fact, 
and  believe  no  such  disposition  is  entertained. 

While  lam  opposed  to  making  the  library  tin-  principal 
and  controlling  feature  of  the  institution,  I  regard  it  as  one 
of  the  important  instruments  to  be  used  in  accomplishing 
the  desired  end,  and  hold  that  it  ought  neither  to  be  aban- 
doned nor  neglected.  This  was  my  opinion  in  the  begin- 
ning. It  is  my  decided  opinion  now. 

But,  sir,  I  do  not  understand  that  even  the  distinguished 
secretary  of  the  institution,  Professor  Henry,  who  is  gener- 
ally supposed  to  be  hostile  to  what  is  commonly  called  the 
library  plan — especially  favored  by  Mr.  Choate  and  Pro- 
fessor Jewett — to  differ  essentially,  or  even  materially,  from 
my  position  upon  this  subject. 

Professor  Henry,  in  a  late  communication,  solemnly  as- 
sures the  board  that,  so  long  as.  the  present  law  of  Congress 
remains  unchanged,  and  until  other  means  can  be  afforded 
for  their  support,  he  has  no  idea  of  proposing  to  dispense 
with  a  library,  museum,  or  gallery  of  art,  He  expressly 
says,  "A  library  such  as  the  "institution  may  collect  by  its 
exchanges,  and  judicious  purchases,  and  a  museum  of -spe- 
cial objects  of  research,  though  not  absolutely  necessary  to 
carry  on  the  active  operations,  would  form  one  harmonious 
system,  and  could  be  properly  supported  by  the  present  in- 
come." 

I  repeat,  Mr.  Chairman,  that  there  is  no  disposition  to 
destroy  the  plan  of  a  library  such  as  the  law  contemplates, 
but  there  is  a  disposition  to  prevent  a  library  from  overtop- 
ping and  destroying  other  measures  of  equal  or  greater  im- 
portance to  the  success  of  the  institution — and  this  is  the 


THIRTY-THIRD    CONGRESS,    1853-55.  585 

fwhole  issue.  Sir,  I  am  sure  it  is  the  sincere  wish  of  those 
charged  with  the  management  of  this  institution,  to  con- 
duct its  affairs  in  such  manner  as  will  further  the  interests 
of  science,  and  be  productive  of  the  greatest  amount  of  good. 
It  is  their  chief  desire  to  carry  out,  in  good  faith,  the  design 
of  the  noble  and  generous  Smithson,  and  the  act  of  Congress 
made  in  furtherance  of  his  will.  Where  that  law  is  clear,  it 
is  implicitly  followed;  where  doubts  exist,  that  mode  of  ac- 
tion is  adopted  best  calculated,  in  the  judgment  of  the 
regents,  "to  carry  out  the  design  of  the  liberal  and  enlight- 
ened donor;"  which  design,  in  the  clearest  language,  is  de- 
clared to  be,  "the  increase  and  diffusion  of  knowledge 
iimong  men."  Is  it  at  all  likely  that  such  a  high  trust 
would  be  abused  by  a  Board  of  Regents  presided  over  by 
the  Chief  Justice  of  the  United  States,  and  composed  of 
such  men  as  Mr.  Rush,  Mr.  Berrien,  Mr.  Hawley,  Mr. 
Pearce,  Mr.  Douglas,  Mr.  Mason,  Professor  Bache,  General 
Totten,  and  others  of  much  less  name  but  of  equally  good 
intentions  ? 

It  may  be  that  the  operations  of  the  Smithsonian  Institu- 
tion have  not  attracted  the  public  eye,  or  made  a  favorable 
impression  upon  the  minds  of  the  popular  masses;  but  I 
have  confidence  in  their  judgment,  and  believe  the  reverse 
to  be  true.  Be  that  as  it  may,  it  is  certain  that  wherever 
science  and  literature  are  cultivated,  the  institution  is  be- 
coming favorably  known,  and  it  is  receiving  the  warmest 
commendations  of  gentlemen  of  the  highest  standing  and 
most  exalted  scholastic  attainments. 

I  might  adduce  much  evidence  to  sustain  this  assertion, 
but  believe  the  following  will  be  considered  ample  and  con- 
clusive. The  first  extract  I  shall  read  is  from  a  memorial 
recently  presented  to  this  House  from  the  American  Philo- 
sophical- Society.  "  It  appears  to  them,"  say  the  memorial- 
ists, "that  the  institution  has  been,  since  its  establishment, 
ever  honestly  and  wisely  administered,  and  the  funds  ex- 
pended to  the  best  advantage  in  the  fulfillment  of  the  pur- 
poses of  the  trust.  Your  memorialists  believe  that,  by  di- 
verting the  funds  of  the  said  institution  to  the  formation  of 
a  public  library,  its  power  of  diffusing  knowledge  among 
men  will  be  materially  diminished,  and  that  of  increasing 
knowledge  entirely  destroyed.  Our  country  abounds  in 
men  with  intellects  adequate  to  the  discovery  of  new 
truths,  and  with  tastes  and  educations  which  fit  them  for 
the  development  and  beneficial  application  of  all  discov- 
eries; but  is,  on  the  other  hand,  deficient  in  the  means  of 
encouraging  such  men  to  devote  their  time  and  energies  to 


586  CONGRESSIONAL    PROCEEDINGS. 

such  pursuits,  and  of  publishing  their  results  to  the  world,, 
and  on  this  account  much  useful  knowledge,  for  which  we 
ought  to  have  the  credit,  is  published  in  foreign  countries, 
and  inures  to  the  honor  and  advantage  of  other  nations. 
Your  memorialists,  therefore,  sincerely  believing  that  many 
disinterested  men  throughout  our  country,  who  are,  by  ed- 
ucation and  position,  qualified  to  form  an  opinion  as  to 
what  is  most  useful  for  the  increase  and  diffusion  of  knowl- 
edge among  men,  concur  in  the  opinions  herein  expressed. 
respectfully  ask  your  honorable  body  to  leave  to  the  Smith- 
sonian Institution  its  present  efficient  constitution  and  ad- 
ministration, and  to  refuse  any  legislation  tending  to  im- 
pair its  usefulness,  by  converting  it  into  a  library,  or  other- 
wise." 

The  following  interesting  letter  from  Mr.  Felton,  the  dis- 
tinguished professor  of  languages  at  Harvard  University, 
will  show  the  estimation  in  which  the  institution  is  held  in 
Europe : 

CAMBRIDGE,  MASSACHUSETTS,  June  30,  1854. 

MY  DEAR  PROFESSOR:  I  have  but  recently  returned  from  Europe,  and 
I  now  desire  to  acknowledge  the  service  you  did  me  by  your  circular  letter 
of  introduction  to  the  libraries  of  the  European  establishments  which  are 
in  correspondence  with  the  Smithsonian  Institution.  NVht-n-vcr  I  pre- 
sented it  I  was  received  with  great  kindness  and  attention,  and  had  the 
opportunity  of  seeing  whatever  was  curious,  interesting,  and  valuable  in 
the  libraries  and  collections. 

It  gave  me  pleasure  to  notice  the  high  estimation  in  which  the  Smith- 
sonian Institution,  under  its  present  management,  is  held  everywhere  in 
Europe.  The  volumes  published  under  its  auspices  have  done  the  highest 
honor  to  American  science,  and  are  considered  most  valuable  contribu- 
tions to  the  stock  of  knowledge  among  men.  They  are  shown  to  visitors  as 
among  the  most  creditable  publications  of  the  age,  and  as  highly  interest- 
ing illustrations  of  the  progress  of  science  and  arts  in  the  United  States  ; 
and  the  eagerness  to  possess  them  is  very  great  among  the  savans  of  the 
Old  World.  They  were  shown  to  me  wherever  I  went,  and  the  commend- 
ations bestowed  on  the  civilization  of  America,  as  evinced  by  the  excel- 
lence of  these  works,  both  in  matter  and  form,  was  deeply  .gratifying  to 
me.  The  last  time  I  had  an  opportunity  of  seeing  them  was  in  the  Uni- 
versity Library,  at  Athens.  The  librarian  pointed  them  out  to  me,  and 
expressed  the  greatest  anxiety  to  complete  the  set,  one  or  two  volumes  of 
which  were  wanting.  I  have  a  memorandum  somewhere  which  I  will  for- 
ward to  you. 

I  promised  a  gentleman,  with  whom  I  became  acquainted  on  my  voyage 
from  England,  that  I  would  write  to  inquire  whether  it  is  possible  to  pur- 
chase  an  entire  set.  He  was  desirous  of  adding  them  to  his  library.  Will 
you  oblige  me  by  answering  this  question  at  your  convenience. 

C.  C.  FELTON. 

Professor  Agassiz — wrell  known  to  the  literary  and  scien- 
tific world — has  recently  written  a  letter  upon  this  subject, 
in  which  he  says  : 

"  Every  scientific  man  in  the  country  has  been  watching,  with  intense 
interest,  the  proceedings  of  the  Smithsonian  Institution  L-ver  since  its  foun- 


THIRTY-THIRD    CONGRESS,    1853-55.  587" 

dation,  satisfied,  as  all  must  be,  that  upon  its  prosperity,  the  progress  of 
science  in  America  depends  in  a  very  great  measure. 

u  The  controversies  which  have  lately  been  carried  on  respecting  the 
management  of  the  institution  have  increased  the  solicitude  of  its  friends 
with  regard  to  its  future  prospects  in  a  degree  which  can  hardly  be  real- 
ized by  those  who  are  not  immediately  connected  with  the  great  cause  of 
science."  *  *  *  * 

"  The  votaries  of  science  may  diifer  in  their  views  about  the  best  means 
of  advancing  science,  according  to  the  progress  they  have  themselves  made 
in  its  prosecution  ;  but  there  is  one  standard  of  appreciation  which  cannot 
fail  to  'guide  rightly  those  who  would  form  a  candid  opinion  about  it.  I 
mean  the  life  of  those  who  have  most  extensively  contributed  in  enlarging 
the  boundaries  of  knowledge.  There  are  two  individuals  who  may,  with- 
out qualification,  be  considered  as  the  most  prominent  scientific  men  of  the 
nineteenth  century,  Cuvier  and  Humboldt.  By  what  means  have  they 
given  such  a  powerful  impulse  to  science?  How  have  they  succeeded,  not 
only  in  increasing  the  amount  of  knowledge  of  their  age,  but  also  in  found- 
ing new  branches  of  science?  It  is  by  their  own  publications  and  by  aid- 
ing in  the  publications  of  others;  by  making  large  collections  of  specimens 
and  other  scientific  apparatus,  and  not  by  the  accumulation  of  large  libra- 
ries. Humboldt  never  owned  a  'book,  not  even  a  copy  of  his  own  works, 
as  I  know  from  his  own  lips.  '  He  was  too  poor,'  he  once  said  to  me  '  to 
secure  a  copy  of  them,'  and  all  the  works  he  receives  constantly  from  his 
scientific  friends  and  admirers  are  distributed  by  him  to  needy  students. 
Again,  there  is  hardly  a  scientific  man  living  on  the  continent  of  Europe 
who  is  not  indebted  to  him  for  some  recommendation  in  the  proper  quarters 
for  assistance  in  the  publication  of  their  works.  I  mention,  more  particu- 
ularly,  these  details  about  Humboldt,  because  he  is  happily  still  among  the 
living,  and  his  testimony  may  be  asked  in  a  matter  of  such  deep  import- 
ance to  the  real  progress  of  science.  But  the  same  is  equally  true  of  the 
part  Cuvier  took,  in  his  day,  in  promoting  science.  All  his  efforts  were 
constantly  turned  towards  increasing  the  collections  of  the  Jardin  des 
Piantes  and  supporting  the  publication  of  original  researches,  giving  him- 
self the  example  of  the  most  untiring  activity  in  publishing  his  own.  In 
this  connection  I  ought  not  to  omit  mentioning  a  circumstance  to  which 
the  United  States  owe  the  legacy  of  Smithson,  which  I  happen  accidentally 
to  know,  and  which  is  much  to  the  point  in  reference  to  the  controversy 
concerning  the  management  of  the  Smithsonian  Institution.  Smithson 
had  already  made  his  will,  and  had  left  his  fortune  to  the  Royal  Society  of 
London,  when  certain  scientific  papers  were  offered  to  that  learned  body 
for  publication.  Notwithstanding  his  efforts  to  have  them  published  in 
their  Transactions,  they  were  refused,  upon  which  he  changed  his  willr 
and  made  his  bequest  to  the  United  States.  It  would  be  easy  to  collect  in 
London  more  minute  information  upon  this  occurrence,  and  should  it  ap- 
pear desirable,  I  think  I  can  put  the  committee  in  the  way  of  learning  all 
the  circumstances.  Nothing  seems  to  indicate  more  plainly  what  were  the 
testator's  views  respecting  the  best  means  of  promoting  science  than  this 
fact. 

"  I  will  not  denv  the  great  importance  of  libraries  ;  and  no  one  has  felt 
more  keenly  the  Want  of  an  extensive  scientific  library  than  I  have  since  I 
have  been  in  the  United  States  ;  but,  after  all,  libraries  are  only  tools  of  a 
secondary  value  to  those  who  are  really  endowed  by  nature  with  the  power 
of  making  original  researches,  and  thus  increasing  knowledge  among  men. 
And  though  the  absence  or  deficiencies  of  libraries  is  nowhere  so  deeply 
felt  as  in  America,  the  application  of  the  funds  of  the  Smithsonian  Institu- 
tion to  the  formation  of  a  library  beyond  the  requirements  of  the  dally  prog- 
ress of  science,  would  only  be,  in  my  humble  opinion,  a  perversion  of  the 
real  object  of  the  trust,  inasmuch  as  it  would  tend  to  secure  facilities  only 
to  the  comparatively  small  number  of  American  students  who  may  have 
the  time  and  the  means  to  visit  Washington  whenever  they  need  to  consult 


588  CONGRESSIONAL    PROCEEDINGS. 

a  library.  Such  an  application  of  the  funds  would,  indeed,  lessen  the  abil- 
ity of  the  institution  to  accomplish  its  great  object,  which  is  declared  by 
its  founder  to  be,  to  increase  and  diffuse  knowledge  among  men,  to  the  full 
extent  to  which  they  may  be  spent  unduly  to  increase  the  library.  More- 
over, American  students  hav«  a  just  claim  upon  their  own  country  for  such 
local'  facilities  as  the  accumulation  of  books  affords. 

"  If  I  am  allowed  to  state,  in  conclusion,  my  personal  impression  re- 
specting the  management  of  the  institution  thus  far,  I  would  only  express 
my  concurrence  with  the  plan  of  active  operations  adopted  by  the  regents, 
which  has  led  to  the  publication  of  a  series  of  volumes  equal,  in  scientific 
value,  to  any  productions  of  the  same  kind  issued  by  learned  societies  any- 
where.  The  distribution  of  the  Smithsonian  Contributions  to  Knowledge 
has  already  carried  the  name  of  the  institution  to  all  parts  of  the  civilized 
world,  and  conveyed  with  them  such  evidence  of  the  intellectual  activity 
of  America  as  challenges  everywhere  admiration;  a  result  which  could 
hardly  be  obtained  by  applying  a  large  part  of  the  resources  of  the  institu- 
tion to  other  purposes." 

Mr.  Chairman,  with  the  following  letter  from  Professor 
Benjamin  Pierce,  I  shall  yield  the  floor,  satisfied  to  submit 
the  question  whether  the  Smithsonian  Institution  is  being 
properly  managed,  to  the  judgment  of  Congress  and  the 
scientific  world : 

"Of  all  men,  none  can  be  more  sensible  of  the  value  of  the  great  store- 
houses of  the  wisdom  of  past  ages  than  they  who  are  obliged  to  resort  to 
them  in  the  development  of  their  own  researches.  The  knowledge  which 
has  already  been  given  to  the  world,  and  which  is  accumulated  in  the 
library,  stimulates  and  invigorates  the  mind  for  original  thought,  and  sup- 
plies important  materials  for  investigation.  It  is  to  the  author  what  the 
collection  of  models  in  the  Patent  Office  is  to  the  inventor  ;  but,  neverthe- 
less, the  increase  of  knowledge  depends  chiefly  upon  the  native  vigor  of  in- 
tellect, and  its  diffusion  is  performed  by  the  press.  To  the  strong  mind 
the  collections  of  the  Vatican  are  a  golden  opportunity,  richer  than  the 
; mineral  harvest  of  California;  but  not  richer  than  the  hills  and  streams 
which  abound  within  every  man's  siirht;  not  richer  than  the  stone  beneath 
our  feet  on  which  is  written  the  history  of  the  world ;  than  the  leaf  of  the 
forest,  on  which  is  inscribed  the  thought  of  its  Creator  ;  or  than  the  cloud 
'in  the  lightnings  of  which  the  laws  and  the  glory  of  God  are  as  distinctly 
revealed" to  the^faithful  of  the  present  generation"^  they  were  upon  Mount 
Sinai. 

"The  valuable  contributions  to  knowledge  which  have  already  been 
made  by  the  Smithsonian  Institution  are  a  living  proof  that  vast  libraries 
are  not  necessary  to  the  development  of  new  thoughts.  If  you  will  com- 
pare these  memoirs  with  the  scientific  productions  of  the  same  period  in 
Europe,  you  may  find  them,  perchance,  inferior  in  erudition,  but  not  in 
profoundness  and  originality  of  thought.  Do  you  believe  that  Smkhson, 
who  was  himself  engaged  in  chemical  investigations,  could  have  intended  a 
library  by  his  words  'an  institution  for  the  increase  and  diffusion  of  knowl- 
edge among  men?'  If  you  will  examine  his  nine  memoirs  to  the  Royal 
Society,  of  which  he  was  an  active  member,  and  his  eighteen  other  contri- 
butions to  science,  you  will  not  find  one  of  them  which  required  a  library 
for  its  production.  Each  was  the  natural  growth  of  a  deeply  thinking 
mind.  Smithson  was  emphatically  a  maker  and  not  a  collector  of  books; 
and  in  the  scientific  circle  to  which  he  belonged,  the  ordinary  use  of  lan- 
guage would  have  totally  precluded  the  interpretation  which  some  men  of 
quite  a  different  cast  of  mind  have  presumed  to  impose  upon  his  words. 
Expand  his  largeness  of  expression  to  its  utmost  extent,  include  in  it  all 
that  a  generous  mind  like  his  own  would  desire  it  to  embrace;  but  let  it 


THIRTY-THIRD    CONGRESS,    1853-55.  589 

not  be  cramped  and  twisted  out  of  shape,  and  so  forced  from  its  original 
design  that  it  shall  wholly  fail  to  accomplish  the  object  of  the  munificent 
testator. 

"  Most  earnestly,  then,  in  the  name  of  science,  and  especially  of  Amer- 
can  science,  do  I  protest  against  such  a  gross  perversion  of  this  important 
trust.  I  assure  you,  sir,  that  the  great  body  of  scientific  men  throughout 
the  country  warmly  approve  Professor  Henry  n  plan  of  conducting  the 
Smithsonian  Institution,  and  regard  it  as  a  faithful  exponent  of  the  almost 
undivided  opinion  of  scientific  and  learned  men  as  to  the  proper  execution 
of  Smithson's  will  and  of  the  law  of  Congress." 

HOUSE  OF  REPRESENTATIVES,  March  3,  1855. 

Mr.  UPHAM.  Mr.  Speaker,  I  would  ask  the  unanimous 
consent  of  the  House  for  leave,  in  this  connection,  to  submit 
a  report  and  accompanying  papers  from  the  select  commit- 
tee raised  to  investigate  the  management  and  condition  of 
the  Smithsonian  Institution.* 

There  was  no  objection,  and  the  report  was  received. 
Mr.  UPHAM.     A  minority  report  will  be  submitted;  and 
I  move  that  both  reports  be  laid  upon  the  table,  and  ordered 
to  be  printed.     The  motion  was  agreed  to. 

The  following  is  the  report  made  by  Mr.  Chas.  W.  Up- 
ham,  of  Massachusetts : 

The  Select  Committee  of  the  House  of  Representatives,  to 
whom  were  referred  the  letter  of  the  Hon.  Rufus  Choate, 
resigning  his  place  as  a  regent  of  the  Smithsonian  Insti- 
tution, with  instructions  to  inquire  and  report  to  the 
House  \vhether  the  Smithsonian  Institution  has  been 
managed  and  its  funds  expended  in  accordance  with  the 
law  establishing  the  institution,  and  whether  any  addi- 
tional legislation  be  necessary  to  carry  out  the  designs  of 
the  founder;  the  memorial  of  Lorin  Blodget  for  a  rem- 
edy against  the  Smithsonian  Institution  for  labor  and 
researches  in  physical  science,  made  for  the  benefit  of  said 
institution;  and" the  petition  of  John  Grable  and  sundry 
others,  citizens  of  St.  Josephs,  Missouri,  praying  for  the 
publication  of  a  monthly  periodical,  exhibiting  ^the  prog- 
ress of  knowledge  and  of  society,  and  to  be  distributed 
by  said  institution  among  the  people,  beg  leave  to  submit 
the  following  report : 

The  short  time  allowed  for  investigating  the  matters  re- 
ferred to  the  committee,  and  the  pressure  of  other  duties 
during  the  few  crowded  last  weeks  of  the  session,  render 
anything  like  a  full  and  thoroughly  satisfactory  report  im- 
possible. The  transactions,  to  which  their  attention  has 
been  called,  are  so  complicated  in  their  nature  and  extensive 

*Mr.  Upham  only  signed  this  report.    Mr.  Witte  and  Mr.  Taylor  submitted  another, 
report,  and  Messrs.  "Puryear  and  Wells  declined  to  sign  either. 


.590  CONGRESSIONAL    PROCEEDINGS. 

in  their  details,  that  it  was  soon  found  entirely  out  of  the 
^question  to  attempt  to  examine  them  with  sufficient  fullness 
and  minuteness  to  be  qualified  or  justified  in  pronouncing 
-or  even  forming  a  decisive  judgment  on  the  merits  of  the 
questions  involved.  The  evidence  taken  and  submitted  will 
guide  the  members  of  the  House  to  so  much  of  a  conclusion 
on  the  several  points  and  issues  as  the  committee  have  been 
able  to  reach. 

So  far  as  the  case  of  Mr.  Lorin  Blodget  is  concerned,  the 
committee  would  observe  that  he  does  not  claim  to  have 
made  any  explicit  contract,  in  writing  or  in  conversation, 
with  the  secretary  of  the  Board  of  Regents;  that  the  com- 
pensation he  received  appears  to  have  been  all  that  was  ever 
expressly  or  distinctly  agreed  upon  :  and  that  as  it  respects 
the  value  of  his  labors  above  the  compensation  he  received, 
or  the  degree  to  which  he  acquired  any  separate,  private, 
scientific  or  literary  property  in  any  papers  or  documents 
prepared  by  him  while  in  the  institution,  they  have  been 
wholly  unable  to  derive  any  definite  ideas  from  his  state- 
ments. In  reference  to  his  assertion  that  certain  equitable 
or  legal  rights  are  withheld  from  him,  the  committee  can 
only  say  that,  although  the  hearing  afforded  him  occupied 
a  large  portion  of  their  time,  he  failed  to  make  his  own  view 
of  the  point  clearly  intelligible,  and  that  it  is  utterly  impos- 
sible for  them  at  this  period  of  the  session  to  enter  into  sucii 
an  examination  of  the  vast  amount  of  documents,  resulting 
more  or  less  from  his  labors,  as  would  be  necessary  in  order 
to  begin  to  form  an  opinion.  An  impartial  arbitration  by 
scientific  persons  would,  if  the  committee  may  be  allowed 
to  offer  a  suggestion  to  the  Board  of  Regents,  probably  be 
the  best  way  to  determine  whether  there  is  any  foundation 
for  the  complaints  he  makes,  or  for  the  claim  of  rights  which 
he  imagines  himself  to  possess.  The  committee  feel  it  due. 
to  candor  to  say  that  they  have  not  been  able  to  appreciate 
any  clear  ground  for  his  claims,  but  due  also  to  justice  to 
eay  that  he  is  unfortunate  in  not  having  a  facility  in  render- 
ing easily  intelligible  the  ideas  which  he  very  earnestly,  an  1 
no  doubt  very  honestly,  entertains  on  the  subject.  Indeed, 
a  personal,  laborious  and  patient  examination,  by  direct  in- 
spection, of  ^the  records,  tables,  maps  and  other  papers  or 
documents,  in  which  he  avers  that  he  has  rights  that  as  e 
withheld,  and  claims  for  compensation  beyond  what  he  ac- 
knowledges to  have  received,  will  be  found  absolutely  indis- 
pensable to  enable  any  one  to  understand  precisely  what  he 
means,  or  to  determine  whether  there  is  any  foundation  for 
his  claims,  either  of  authorship  or«for  compensation.  The 


THIRTY-THIRD    CONGRESS,    1853-55.  591 

Committee  would  have  been  willing  to  encounter  the  task; 
but  the  want  of  time  absolutely  forbids  the  attempt,  and, 
-after  all,  it  would,  perhaps,  have  been  useful  scarcely  for 
.any  other  purpose  than  to  satisfy  their  own  minds.  They 
could  not  advise,  in  any  event,  the  action  of  Congress  upon 
the  subject,  as  the  whole  transaction,  according  to  Mr. 
Blodget's  own  account,  was,  from  first  to  last,  placed  and 
kept  by  him  in  the  discretion  and  decision  of  the  Board  of 
Regents. 

In  discharging  the  main  part  of  their  duty,  relating  to 
the  management  of  the  institution,  \vhether  it  has  been  in 
.accordance  with  the  law,  and  to  the  question,  whether  any 
further  legislation  is  necessary,  the  committee  will,  in  the 
first  place,  present  such  a  history  of  the  whole  matter,  as 
will,  in  conjunction  with  the  evidence  presented  in  the  ap- 
pendix to  this  report,  enable  every  member  of  the  House  to 
form  a  judgment  on  the  subject. 

[The  committee 'then  reproduce  the  will  of  James  Smith- 
son  and  the  act  to  authorize  the  President  of  the  United 
States  to  accept  the  bequest,  and  pledging  the  faith  of  the 
United  States  to  use  the  funds  as  directed  in  the  will  of  the 
testator,  and  then  proceeds:] 

It  will  be  perceived  that  in  the  foregoing  act  the  Govern- 
ment of  the  United  States  pledged  itself  that  "  any  and  all 
sums  of  money  and  other  funds  which  shall  be  received  for  or 
on  account  of  the  said  legacy  shall  be  applied  in  such  manner 
AS  CONGRESS  may  hereafter  direct,"  &c.  It  is  presumed  that 
it  is  our  duty  to  consider,  not  whether  the  funds  have  been 
.applied  to  such  objects,  and  in  such  way  as  Congress  ought 
to  have  directed,™  the  opinion  of  any  individuals,  but  to  such 
objects  and  in  such  a  way  as  Congress,  in  fulfilment  of  the 
foregoing  pledge,  has  directed.  The  next  step,  therefore,  is 
to  ascertain  what  was  the  determination  of  Congress  on  the 
subject. 

Great  caution  and  deliberation  were  exercised  in  determ- 
ining the  matter.  The  country  felt  that  it  was  a  solemn  and 
momentous  trust.  The  gratitude,  pride,  honor,  and  wisdom 
of  the  nation  were  involved;  not  only  the  then  present  gen- 
eration, but  future  ages  were  interested.  The  field  to  be 
surveyed  was  the  whole  country,  and  the  whole  world  be- 
yond the  limits  of  the  country.  It  was  obvious  that  the 
nature  of  our  institutions  presented  some  peculiar  difficul- 
ties in  the  way  of  executing  the  trust.  If  the  testator  had 
understood,  as  indeed  but  few  foreigners  ever  have  done, 
those  difficulties,  he  might,  perhaps,  have  made  some  ar- 


592  CONGRESSIONAL    PROCEEDINGS. 

rangement  to  avoid  them.  It  is  clearly  not  within  the- 
sphere  allotted  to  this  Federal  Government  to  enter  the 
fields  of  science  and  literature.  In  point  of  fact,  the  actioa 
of  Congress  in  accepting  the  bequest,  and  agreeing  to  carry 
it  into  execution,  was  justified  at  the  time  on  the  ground  of 
its  peculiar  and  complete  jurisdiction  over  the  District  of 
Columbia.  More  than  ten  years  were  consumed  in  discus- 
sions, debates,  and  conflicting  views  and  schemes,  in  and  out 
of  Congress. 

A  few  of  the  prominent  facts  illustrating  this  stage  of  the 
case  will  be  cited.  On  the  19th  of  July,  1838,  the  Secretary 
of  State,  by  direction  of  the  President,  of  the  United  States, 
addressed  letters  to  a  number  of  the  distinguished  men  of 
the  country  thought  to  be  best  qualified  to  advise  on  the 
subject.  Answers  were  received  from  John  Quincy  Adams; 
Francis  Wayland,  D.D.,  president  of  Brown  University;  Di\ 
Thomas  Cooper,  of  Columbia,  South  Carolina;  lion.  Rich- 
ard Rush;  and  President  Chapin.  The  diversity  of  views 
which  must  ever  be  expected  in  reference  to  such  a  subject, 
was  revealed,  in  all  its  extent,  at  the  very  outset.  Mr. 
Adams  recommended  an  observatory ;  President  Wayland 
a  higher  university;  Dr.  Cooper  a  university,  and,  to  escape 
constitutional  objections,  to  transfer  the  fund  to  the  corpor- 
ation of  Georgetown;  Mr.  Rush  recommended  a  more  com- 
plicated system,  for  the  collection  from  all  countries,  through 
ministers,  consuls,  and  naval  and  military  officers,  of  seeds 
and  plants,  objects  of  natural  history  and  antiquities;  a 
standing  board  of  the  chief  officers  of  the  Government;  the 
institution  to  have  a  printing  press;  the  board  to  determine 
wThat  should  be  printed  ;  the  democratic  principle,  as  de- 
veloped in  our  institutions,  to  be  particularly  discussed;  lec- 
turers to  be  appointed  by  the  President  and  Senate,  with 
salaries  large  enough  to  command  the  highest  talent;  a  cer- 
tain number  of  young  men  from  each  State  to  attend  the 
lectures,  their  expenses  being  paid  by  the  institution,  &c. 
President  Chapin  was  in  favor  of  professorships  being  estab- 
lished on  a  liberal  scale;  a  library,  apparatus,  and  an  astro- 
nomical observatory. 

On  the  14th  of  December,  1838,  a  memorial  was  presented 
to  Congress  recommending  an  agricultural  institution,  with 
a  large  farm,  beet-sugar  manufactory,  mill,  workshops,  &c. 
As  propositions  multiplied,  the  difficulties  in  the  way  be- 
came, at  each  step,  and  in  view  of  every  scheme,  more  and 
more  apparent. 

In  January,  1839,  Congress  began  to  grapple  with  the 
subject.  The  university  plan  was  defeated  in  the  Senate 


THIRTY-THIRD    CONGRESS,    1853-55.  593 

on  the  25th  of  February,  1839.  Congress  provided  for  an 
observatory  out  of  its  own  funds,  and  that  matter  was  dis- 
posed of  and  taken  out  of  the  question.  An  institution  like 
the  Garden  of  Plants  at  Paris  was  strongly  urged  in  the 
Senate,  but  the  proposition  did  not  prevail.  In  1845,  Mr. 
Choate  proposed  in  the  Senate  the  library  plan,  and  it 
passed  that  body  on  the  23d  of  January.  In  the  House, 
several  members  offered  different  propositions.  One  pro- 
posing a  normal  school  was  rejected — yeas  72,  nays  42 ;  one 
proposing  lectures  and  professors  was  rejected — 77  to  42. 
The  plan  of  lectures,  as  a  leading  feature,  was  rejected  by 
similar  strong  votes  on  several  occasions. 

[Various  bills  were  reported,  substitutes  offered  in  both 
houses,  and  sundry  amendments  made,  until  in  August, 
1846,  a  bill  as  passed  by  the  House  was  passed  by  the  Sen- 
ate without  amendment,  and  became  THE  LAW  on  which  the 
institution  has  existed  to  the  present  date.  The  committee 
then  quote  the  act  approved  August  10, 1846,  and  proceed  :] 

The  foregoing  act  of  Congress  is  "  the  law  establishing 
the  Smithsonian  Institution."  It  is  the  directory  which  the 
regents  are  bound  to  follow  in  administering  its  affairs  and 
applying  its  funds.  An  idea  seems  to  have  crept  into  the 
discussions  that  are  prevalent  on  this  subject,  that  the  will 
requires  one  thing  and  the  law  another.-  There  can  be  no 
ground  for  this  distinction,  as  a  few  words  will  show. 

The  will  declares  a  certain  object,  najnely,  "  for  the  in- 
crease and  diffusion  of  knowledge  among  men."  In  accept- 
ing the  bequest,  the  Government  of  the  United  States 
pledged  its  faith  that  the  funds  shouldbe  "  applied  as  Congress 
may  hereafter  direct,  to  the  purposes  of  founding  and  en- 
dowing at  Washington,  under  the  name  of  the  Smithsonian 
Institution,  an  establishment  for  the  increase  and  diffusion 
of  knowledge  among  men." 

The  act  establishing  the  institution  also  inserts  into  its 
title,  and  into  its  body,  the  words  of  the  will,  so  that  what- 
ever the  will  requires  the  act  ordains,  and  there  can  be  no 
conflict  between  them.  No  one  can  question  the  obligation 
of  those  who  administer  the  institution,  under  the  act,  to 
assume  that  its  requirements  are  in  accordance  with  the 
will,  and  to  carry  them  out,  in  good  faith  and  good  earnest. 
So  far  as  the  act  leaves  the  officers,  who  exist  by  its  author- 
ity, to  their  discretion,  that  discretion  is  to  be  guided  by 
their  sense  of  the  import  and  design  of  the  language  of  the 
will.  All  in  the  will  that  relates  to  the  subject  is  incorpor- 
ated into  the  act.  We  have  occasion,  therefore,  to  look 


594  CONGRESSIONAL    PROCEEDINGS. 

only  at  the  act,  in  ascertaining  the  duty  of  those  who  ad- 
minister the  affairs  of  the  institution,  and  there  can  be  no 
ground  for  a  controversy  in  reference  to  the  meaning  of  the 
will,  as  against  the  act,  or  vice  versa. 

The  will  and  the  two  acts  of  Congress  that  have  been 
spread  out  on  the  foregoing  pages  in  full,  interpret  them- 
selves to  the  common  sense  and  adequate  apprehension  of 
every  reader.  It  is  only  necessary  to  regard  the  words  as 
used  in  their  ordinary  sense,  to  avoid  a  mental  interpolation 
of  language  not  in  the  text,  and  to  allow  its  natural  mean- 
*ing  to  flow  out  from  all  the  language  used  in  the  instrument. 
In  this  spirit  of  fair  and  unstrained  interpretation,  we  pro- 
pose to  consider  for  a  moment  the  language  of  the  act 
establishing  the  Smithsonian  Institution,  of  which  different 
and  conflicting  interpretations  are  advocated. 

The  word  "  INCREASE"  is  held  by  some  of  the  zealous  com. 
batants  in  the  Smithsonian  controversy  to  be  identical  with 
"  DISCOVERY."  The  idea  seems  to  be  that  knowledge 
can  only  be  increased  by  the  discovery  of  new  truth.  This  is 
an  arbitrary  and  untenable  position.  A  mind  experiences 
an  increase  of  knowledge  if  it  knows  more  than  it  did  be- 
fore, although  all  the  ideas  it  has  received  may  be  in  the 
commonest  text  books.  There  has  been  an  increase  of 
knowledge  in  the  school,  in  the  congregation,  in  the  lecture 
room,  if  ideas  not  before  known  to  them  have  been  received 
into  the  minds  of  the  hearers ;  even,  indeed,  it  matters  not 
if  those  ideas  have  been  recorded  for  thousands  of  years  in 
languages,  classical  or  sacred,  that  have  been  dead  long 
ago.  Knowledge  has  been  increased,  if  one  mind  has  re- 
ceived more,  whether  it  be  new  or  old  truth.  The  language 
of  Smithson  is  perfectly  simple,  and  in  its  natural  sense 
covers  the  whole  ground — it  includes,  but  does  not  require, 
new  truth.  Truth  discovered  a  thousand  years  ago  is  as  good 
us  truth  discovered  yesterday.  Knowledge  embraces  it  all 
alike,  and  Smithson's  object  was  to  carry  knowledge  where 
it  was  not  before,  and  to  increase  it  where  it  was  ;  to  spread 
it  over  a  wider  area,  and  to  a  greater  depth. 

In  like  manner  a  particular  meaning  has  been  crowded 
upon  the  word  "  KNOWLEDGE" — not  its  ordinary  meaning  in 
common  usage;  but  a  narrow,  technical,  and  special  mean- 
ing. This  has  been  done  by  confounding  it  with  "  SCIENCE." 
It  is  true  that,  in  their  primitive  origin,  or  roots,  in  the 
languages  from  which  they  are  derived,  these  words  may  be 
identical  in  their  meaning,  but  not  so  as  actually  used  in 
common  conversation  and  familiar  and  general  literature. 
"  Knowledge  "  is  all-comprehensive — embracing  science,  art, 


THIRTY-THIRD    CONGRESS,    1853-55.  595 

literature,  politics,  business,  the  whole  world  of  nature  and 
culture,  the  entire  realm  of  facts  and  reality,  all  ages  and 
all  that  the}7  have  contained.  "  Science  "  .is  almost  univer- 
sally employed  to  denote  those  branches  of  knowledge 
which  are  systematized  iiito  a  distinct  organization  or  ar- 
rangement, based  upon  definite  principles,  and  reduced  to 
particular  rules.  In  the  progress  of  knowledge  new  sciences 
are  added  to  the  list,  and  in  the  establishment  of  new  classi- 
fications the  boundary  lines  are  altered.  There  is  a  vast 
amount  of  knowledge  not  included  in  any  science.  Fur- 
ther, the  word  science  is  sometimes  used  to  embrace  only  a 
part  of  what,  in  a  broader  sense,  is  included  in  the  sciences. 
It  is  getting  to  become  quite  generally  used  to  denote  what 
are  called  the  physical  sciences,  excluding  political,  moral, 
and  intellectual  science — excluding  history,  the  arts,  and  all 
general  literature.  Surely,  it  cannot  be  maintained  that 
"  knowledge  "  was  used  by  Smithsori  as  merely  identical 
with  "science"  in  this  last  mentioned  and  most  limited 
sense. 

The  words  "among  men"  were  used  merely  to  corrobor- 
ate the  idea  expressed  by  the  word  "  diffusion."  They  do 
not  necessarily  imply  that  the  institution  should  confine  it- 
self to  world-wide  operations.  The  word  is  not,  as  some 
seem  to  suppose,  "  mankind,"  but  "men;"  and  he  diffuses 
knowledge  u  among  men"  as  truly,  and  in  as  full  a  sense, 
when  he  enlightens  the  minds  of  his  neighbors,  as  of  per- 
sons at  the  farthest  pole.  He  best  fulfils  the  idea  of  Smith- 
son  who  increases  human  intelligence,  whenever  and 
wherever  he  has  an  opportunity,  in  every  circle  of  influence, 
however  near  or  however  remote. 

The  seventh  section  of  the  act  establishing  the  institution 
has  given  occasion  to  a  difference  of  interpretation  that  has 
been  brought  to  the  notice  of  the  committee.  The  section 
relates  to  the  duties  and  powers  of  the  secretary,  and  goes 
on  to  say  that  "  the  said  secretary  shall  also  discharge  the 
duties  of  librarian  and  keeper  of  the  museum,  and  may, 
with  the  consent  of  the  Board  of  Regents,  employ  assist- 
ants ;  and  the  said  officers  shall  receive  for  their  services 
such  sums  as  may  be  allowed  by  the  Board  of  Regents,  to 
be  paid  semi-annually,  on  the  first  days  of  January  and 
July ;  and  the  said  officers  shall  be  removable  by  the  Board 
of  Regents  whenever,  in  their  judgment,  the  interests  of 
the  institution  require  any  of  the  said  officers  to  be 
changed." 

The  committee  cannot  but  think  it  strange  that,  in  the 
face  of  this  express  language,  it  has  been  made  a  question 


596  CONGRESSIONAL    PROCEEDINGS. 


where  the  power  of  removal  is  lodged.  "  Said  officers- 
shall  be  removable  by  the  Board  of  Regents."  Can  any- 
thing be  plainer  ?  In  defence  of  the  idea  that  the  secretary 
can  remove  his  assistants,  a  practice  is  cited  in  certain  de- 
partments of  the  Government  where  the  power  of  removal 
is  exercised  by  intermediate  officials.  But  there  is  no  anal- 
ogy, inasmuch  as  the  Constitution  of  the  United  States  is 
silent  in  reference  to  the  removal  of  such  officers.  But  the 
constitution  of  the  Smithsonian  Institution  is  not  silent,  but 
expressly  defines  in  whom  the  power  to  remove  the  assist- 
ants of  the  secretary  resides— namely,  in  the  Board  of  Re- 
gents. They  have  no  more  right  to  delegate,  or  pass  over 
to  another  that  power,  than  they  have  to  transfer  any  of 
their  other  functions. 

The  concluding  sentence  of  the  eighth  section  of  the  act 
is  as  follows : 

"  And  the  said  regents  shall  make,  from  the  interest  of  said  fund,  an  ap- 
propriation not  exceeding  an  average  of  twenty-five  thousand  dollars  annu- 
ally, for  the  gradual  formation  of  a  library,  composed  of  valuable  work* 
pertaining  to  all  departments  of  human  knowledge." 

The  expression,  "not  exceeding,"  is  inconstant  use  in 
the  legislation  of  Congress,  and  in  all  legislation  every- 
where, in  which  appropriations  are  made,  and  it  will  not  be 
disputed  that,  in  all  instances,  the  expectation  and  general 
understanding  of  the  legislature  is,  that  about  the  amount 
thus  specified  will  be  expended — the  word  "  average  "  ean 
only  be  considered  as  indicating  the  expectation  of  the 
legislature  that  the  sum  expended  in  some  years  might  ex- 
ceed twenty -five  thousand  dollars — the  word  was  used  in 
order  to  give  the  managers  authority,  in  case  a  sum  less 
than  $25,000  were  expended  one  year,  to  expend  just  so 
much  more  the  next,  and  rice  versa.  No  doubt,  we  think, 
can  be  entertained  that  the  framers  and  enactors  of  the  law 
expected  that  about  $200,000  would  be  expended  "  for  the 
gradual  formation  of  a  library,  composed  of  valuable  works 
pertaining  to  all  departments  of  human  knowledge,"  in 
eight  years.  If  the  law  does  not  contemplate  that  the  an- 
nual expenditure  for  the  formation  of  a  library  shall  be- 
something  like  $25,000,  any  other  figures  might  as  well 
have  been  used.  If  the  administrators  of  the  law  are  at 
liberty  to  spend  as  little  as  they  please  for  a  library,  in  the 
face  of  the  sum  thus  indicated  in  the  law,  they  would  have 
been  equally  at  liberty  whatever  sum  might  have  been 
named,  whether  $30,000  or  $40,000.  In  other  words,  if 
the  clause  of  the  act  under  consideration  can  be  construed 
as  justifying  an  annual  average  expenditure  for  the  gradual 


1853-55.  597 

formation  of  a  library  of  less  than  $2,000,  any  intermediate 
«um  between  that  and  the  entire  income  of  the  fund  would 
have  been  of  equal  authority  and  significance,  as  indicating 
the  intention  of  the  legislature,  whichever  of  the  said  inter- 
mediate sums  might  have  been  inserted  in  the  act.  That  is 
to  say — those  who  maintain  that  the  language  and  design 
of  the  act  are  carried  out  by  expending  less  than  $2,000 
annually  for  books,  assume  and  assert  that  it  would  not 
have  altered  the  sense  of  the  act  had  $2,000  or  $10,000  or 
$40,000  been  the  sum  actually  named  in  it,  instead  of 
.$25,000! 

The  ninth  section  of  the  act  is  as  follows  : 

"  And  be  it  further  enacted,  That  of  any  other  moneys  which  have  ac- 
crued, or  shall  hereafter  accrue,  as  interest  upon  the  said  Smithsonian  fund, 
not  herein  appropriated,  or  not  required  for  the  purposes  herein  provided, 
the  said  managers  are  hereby  authorized  to  make  such  disposal  as  they  shall 
deem  best  suited  for  the  promotion  of  the  purpose  of  the  testator,  anything 
herein  contained  to  the  contrary  notwithstanding." 

The  discretion  allowed  to  the  managers  in  the  latter  part 
of  this  section  must  be  considered  as  limited,  in  some  sense 
by  the  word  "  other,"  applied  to  u  moneys,"  and  more  defi- 
nitely and  more  absolutely  by  the  clauses,  "  not  herein  ap- 
propriated," and  "  not  required  for  the  purposes  herein  pro- 
vided." 

The  meaning  of  the  ninth  section  seems  to  us  to  be  simply 
•this — that  if,  after  all  has  been  done  required  by  the  forego- 
ing provisions  of  the  act,  that  is,  for  the  maintenance  and 
preservation  of  a  geological  and  mine-ralogical  cabinet,  a 
laboratory,  library,  gallery  of  art,  lecture  room,  lectures, 
the  purchase  of  books  on  the  scale  indicated  in  the  eighth 
section,  and  the  discharge  of  all  current  obligations,  an 
unexpended  balance  of  the  annual  income  remains,  the 
managers  may  do  with  it  just  what  they  please;  may  ex- 
pend it  upon  books  if  they  like,  even  although  the  expendi- 
tures for  that  object  may  have  already  reached  the  assigned 
limit,  or  upon  any  objects  not  named  or  alluded  to  in  the 
.act,  if,  in  their  judgment,  "  suited  for  the  promotion  of  the 
purpose  of  the  testator." 

The  committee  are  wholly  unwilling  to  enter  at  all  into 
the  discussion  of  the  private  grievances,  or  personal  contro- 
versies, or  official  misunderstandings  which  were  brought 
before  them  in  the  course  of  the  investigation.  They  regard 
the  evidence  that  was  educed  on  these  matters  as  important 
only  because  it  illustrates  the  difficulties  encountered  in 
administering  an  institution  of  this  sort  upon  the  plan  that 
has  been  attempted.  They  are  particularly  desirous  to  have 
it  understood  that  they  attach  no  blame  to  any  person,  in 


598  CONGRESSIONAL  PROCEEDINGS. 

any  quarter;  the  evils  are  the  result  of  the  system.  At  the 
same  time  they  do  not  cast  blame  or  censure  of  any  sort 
upon  those  who  suggested,  and  have  labored  to  carry  out, 
that  system.  The  design  was,  in  itself,  commendable  ana 
elevated.  It  has,  unquestionably,  been  pursued  with  zeal, 
sincerity,  integrity,  and  high  motives  and  aims,  but  it  is, 
we  think,  necessarily  surrounded  with  very  great  difficul- 
ties. 

There  is  nothing  in  our  constitutional  system  that  au- 
thorizes this  Government  to  enter  the  sphere  of  literature 
and  science.  Education  is  left  to  the  States.  This  Govern- 
ment cannot,  without  violating  the  principles  on  which  it 
rests,  become,  directly  or  indirectly,  through  its  official 
agents  or  in  the  expenditure  of  funds,  a  censor  of  any  de- 
partment of  the  press,  an  arbiter  of  science,  or  a  publisher 
of  works  of  mere  literature  or  philosophy  any  more  than  of 
morals  or  theology. 

2s"o  amount  of  money  that  could  possibly  be  raised  would 
enable  this  Government  to  perform  these  functions,  with  a 
just,  equal,  and  liberal  hand,  for  the  benetit  of  all  depart- 
ments of  knowledge.  Of  course,  it  has  no  right  to  make 
discriminations;  not  only  natural  history  and  physical 
science,  but  every  branch  of  learning  and  inquiry  lias  a 
right  to  demand  patronage,  if  it  is  extended  to  any.  What- 
ever project  in  this  line  may  be  attempted  will  be  found 
surrounded  with  insuperable  embarrassments.  If,  for  in- 
stance, the  funds  of- the  Smithsonian  Institution  should  be 
appropriated  in  the  manner  proposed  in  the  petition  from 
citizens  of  Missouri,  referred  to  this  committee,  for  the 
preparation  and  distribution  of  a  monthly  report  of  the 
general  progress  of  knowledge,  who  shall  write  those  re- 
ports? To  what  school  of  philosophy,  or  medicine,  or  pol- 
itics shall  he  belong?  Shall  he  confine  himself,  as  the 
Smithsonian  Institution  has,  for  the  most  part,  very  wisely 
done,  to  particular  provinces  of  natural  science,  to  reptiles, 
defunct  species  of  animals,  mathematical  and  astronomical 
computations  and  researches,  to  aboriginal  antiquities  and 
the  glossaries  of  vanishing  tribes  of  Indians,  or  shall  he 
rise  above  dead  and  brute  nature,  and  treat  the  subject  of 
MAN,  of  civil  society,  of  government,  of  politics,  and  reli- 
gion ?  If  he  confines  himself  to  the  former,  not  one  in  ten 
thousand  of  the  people  will  be  interested  or  satisfied;  if  he 
attempts  the  latter,  he  is  on  forbidden  ground,  and  cannot 
escape  being  torn  to  pieces  by  parties,  sects,  and  sections. 

Moving  in  the  most  cautious  manner,  acting  within  the* 


T  HIRTY-THIRD    CONGRESS,    1853-55.  599 

most  limited  sphere,  grudges  are  multiplied,  jealousies  en- 
gendered, resentments  kindled,  and  complaints  encountered 
in  all  directions.  Authors  whose  pieces  are  rejected  will  be 
likely,  in  the  course  of  time,  to  outnumber  those  who  are  ad- 
mitted to  the  favored  circle ;  one  man  has  the  gratification  of 
seeing  his  works  printed,  at  the  public  charge,  in  a  splendid 
style,  and  circulated,  without  trouble  or  expense  on  his  part, 
to  all  the  learned  societies  and  persons  of  Christendom,  and. 
of  feeling  that  a  world-wide  reputation  is  secured  to  him ; 
but  others,  whose  treatises  have  been  condemned  by  a  se- 
cret tribunal,  and  returned  with  the  stigma  of  rejection, 
are  brooding  in  sullen,  or  breaking  out  in  vehement  resent- 
ment and  indignation. 

Men  of  genius  are  sensitive — scientific  authors  and  discov- 
erers particularly  so.  To  attain  to  great  excellence  in  any 
department,  it  must  be  studied  and  prosecuted  with  exclu- 
sive arid  all-absorbing  zeal.  There  is  a  divinity  in  truth, 
and  whoever  attains  any  portion  of  it  is  prone  to  worship  it 
with  a  concentrated  devotion,  and  to  cherish  it  as  more  pre- 
cious than  all  things  else.  However  minute  the  objects,  or 
narrow  the  provinces,  or  apparently  useless  the  results  of 
the  researches  of  the  man  of  science,  he  is  wholly  wrapt  up 
in  them,  and  feels,  to  his  very  heart's  core,  that  nothing 
transcends  them  in  importance.  This  makes  him  sensitive 
to  reputation,  tenacious  of  rights,  and  morbidly  alive  to  any 
encroachment  upon  his  labors  or  attainments.  No  office  is 
more  thankless  than  to  attempt  to  arbitrate  the  differences 
of  men  of  science — no  offence  more  keenly  resented  than 
to  discredit  their  claims  or  slight  their  productions.  It  is  a 
curious  circumstance,  and  most  instructive  in  this  connec- 
tion, strikingly  illustrating  the  fact  we  are  presenting,  that 
James  Smithsom,  who  was  a  fellow  of  the  Royal  Society,  had 
made  a  will,  leaving  his  whole  fortune  to  that  institution, 
which  had  honored  many  of  his  productions  by  publishing 
them  in  its  Transactions.  At  length,  certain  papers  offered 
to  them  for  publication  were  refused.  Under  the  sting  of 
resentment  and  wounded  pride,  he  changed  his  will,  and  left 
his  fortune  to  the  United  States  of  America.  In  this  way  a 
harvest  of  dissatisfaction  and  animosities  is  constantly  ma- 
turing. Patronage  in  politics  is  the  fatal  bane  of  parties. 
In  literature  and'science  it  works  disastrously,  in  all  direc- 
tions— upon  him  who  dispenses,  upon  those  who  receive, 
and  upon  all  from  whom  it  is  withheld. 

The  organization  of  the  Smithsonian  Institution  is  as  fol- 
lows : 


•600  CONGRESSIONAL    PROCEEDINGS. 

The  "  Establishment,"  by  the  name  of  the  "Smithsonian  Institution." 

FRANKLIN  PIERCE,  President  of  the  United  States. 

,  Vice  President  of  the  United  States. 

WILLIAM  L.  MARCY,  Secretary  of  State. 

JAMES  GUTHRIE,  Secretary  of  the  Treasury. 

JEFFERSON  DAVIS,  Secretary  of  War. 

JAMES  C.  DOBBIN,  Secretary  of  the  Navy. 

JAMES  CAMPBELL,  Postmaster  General. 

CALEB  CUSHING,  Attorney  General. 

ROGER  B.  TANEY,  Chief  Justice  of  the  United  States. 

CHARLES  MASON,  Commissioner  of  Patents. 

JOHN  T.  TOWERS,  Mayor  of  the  city  of  Washington. 

HONORARY  MEMBERS. 

EGBERT  HARE,  WASHINGTON  IRVING,  BENJAMIN  SILLIMAN,  PARKER 
CLEAVELAND. 

BOARD  OF  REGENTS. 
-,  Vice  President  of  the  United  States. 


ROGER  B.  TANEY,  Chief  Justice  of  the  United  States. 
JOHN  T.  TOWERS,  Mayor  of  the  city  of  Washington. 
JAMES  A.  PEA.RCE,  member  of  the  Senate  of  the  United  States. 
JAMES  M.  MASON,  member  of  the  Senate  of  the  United  States. 
STEPHEN  A.  DOUGLAS,  member  of  the  Senate  of  the  United  States. 
WILLIAM  H.  ENGLISH,  member  of  the  House  of  Representatives. 
DAVID  STUART,  member  of  the  House  of  Representatives. 
JAMES  MEACHAM,  member  of  the  House  of  Representatives. 

,  citizen  of  Massachusetts. 

GIDEON  HAWLEY,  citizen  of  New  York. 

J.  MACPHERSON  BERRIEN,  citizen  of  Georgia. 

RICHARD  RUSH,  citizen  of  Pennsylvania. 

ALEXANDER  D.  BACHE,  member  of  the  National  Institute,  Washington. 

JOSEPH  G.  TOTTEN,  member  of  the  National  Institute,  Washington. 

The  active  government  of  the  Institution  is  in  the  hands 
of  the  following  officers  and  committees : 

FRANKLIN  PIERCE,  ex-ojficio  Presiding  Officer  of  the  Institution. 
ROGER  B.  TANEY,  Chancellor  of  the  Institution. 
JOSEPH  HENRY,  Secretary  of  the  Institution. 

,  Assistant  Secretary,  in  charge  of  Library. 

SPENCER  F.  BAIRD,  Assistant  Secretary,  in  charge  of  the  Museum. 

ALEXANDER  D.  BACHE,  ^ 

JAMES  A.  PEARCE,  L  Executive  Committee. 

JOSEPH  G.  TOTTEN,         J 

RICHARD  RUSH,     "| 

WM.  H.  ENGLISH,  I   Building  Committee. 

JOSEPH  HENRY,     J 

W.  W.  SEATON,  Treasurer. 

The  committee  feel  it  their  duty  to  submit  a  few  remarks 
in  relation  to  this  organization. 

It  appears  by  the  evidence  that  so  much  of  it  as  is  called 
the  ^Establishment"  has  never  performed  any  part  what- 
ever in  the  administration  of  the  Institution.  It  is  obvious 
that  those  regents  who  reside  at  a  great  distance  from  Wash- 
ington can  have  but  little  to  do  with  its  management.  Those 


THIRTY-THIRD   CONGRESS,    1853-55. 

of  them  who  are  members  of  the  Senate  or  House  of  Kepre- 
sentatives,  unless  their  residence,  during  the  recess  of  Con- 
gress, is  in  the  vicinity  of  Washington,  cannot  be  expected, 
for  the  most  part,  to  have  that  influence  over  its  operations 
which  those  who  reside  permanently  at  the  seat  of  govern- 
ment, or  in  its  immediate  vicinity,  will  more  naturally  exer- 
cise. The  Executive  Committee  is  the  body  in  which  the 
government  substantially  exists. 

3  It  may  well  be  questioned  whether  it  is  expedient  to  sur- 
round such  an  institution  with  an  array  of  high  official  dig- 
nitaries. Their  great  offices  and  characters  are  committed 
to  all  the  proceedings  of  the  institution,  while  it  is  impossi- 
ble for  them  to  give  much  time  and  attention  to  their  exam- 
ination. When  the  venerable  Chief  Justice  of  the  United 
States,  after  hearing  both  parties  and  a  thorough  scrutiny 
ot  the  merits  of  all  questions  involved,  and  in  the  exercise  of 
the  high  function  to  which  his  life  is  consecrated  and  set 
apart,  pronounces  a  solemn  judgment  from  the  bench,  we 
bow  to  his  learning  and  wisdom ;  but  it  may,  perhaps,  be 
doubted  whether  it  is  expedient  to  attempt  to  make  him  re- 
sponsible for  all  the  doings  of  an  institution  entirely  out  ot 
the  sphere  of  his  duties  and  pursuits,  and  with  whose  officers 
he  cannot  have  much  communication.  As  it  has  been  as- 
certained that  the  institution  is  not  a  corporation,  and  its 
anomalous  character  in  that  respect  may  give  rise  to  per- 
plexine  and  unforeseen  difficulties  that  will  reach  the  legal 
tribunals,  it  may  well  be  questioned  whether  that  august 
judicial  personage  ought  to  be  mixed  up  at  all  with  H 

ness  details.  .      ,      c 

If  the  institution  could  be  organized  in  a  simpler  form, 
and  its  secretary  made  the  head  of  a  bureau  in  the  Depart- 
ment of  the  Interior,  and  subject,  like  other  heads  of  bureaus, 
to  the  Secretary  of  the  Interior,  he  might  pursue  substantially 
the  same  course  as  at  present,  if  that  should  continue  to  be 
thought  advisable,  with  a  clearly  ascertained  line  of  duty 
and  responsibility,  and  a  full  adjustment  of  all  his  relations, 
above  to  the  head  of  the  department,  around  to  his  asso- 
ciates, and  to  all  subordinates  of  every  grade, 
ever,  we  desire  to  have  considered  as  a  mere  suggestion, 
made  in  passing.  If  all  other  plans  are  found  detective, 
Tnd  besetPwithtoinconveniences,  this  may,  at  some  future 
flflv  be  tried  in  the  last  resort. 

Whatever  arrangements  may  be  made  for  the  admimrfru- 
tionof  the  institution,  it  is  of  extreme  importance  that  the 
relations  among  the  several  officers  attached  to  it  be  defined 
and  settled  by  law,  or,  at  any  rate,  by  by-laws.  In  eveiy 


602  CONGRESSIONAL    PROCEEDINGS. 

organization  to  which  several  officers  are  attached  such  a 
provision  is  highly  desirable,  but  pre-eminently  so  where  the 
said  officers  are  gentlemen  of  scientific  and  literary  attain- 
ment and  reputation.  The  spirit  of  self-respect  and  a  sen- 
sitiveness to  personal  rights  prevail  nowhere  with  greater 
keenness  and  intensity  than  in  the  republic  of  letters. 

The  Smithsonian  Institution  stands  on  a  different  footing 
from  any  in  this  country,  and,  in  some  particulars,  especially 
in  regard  to  the  peculiar  character  of  our  Government,  in 
any  other  country.  In  some  leading  features  it,  perhaps. 
bears  a  closer  resemblance  to  the  British  Museum  than  to 
any  other.  The  recent  history  of  that  institution  may,  per- 
haps, be  found  instructive  to  us. 

The  British  Museum  was  founded  about  a  hundivd  ycais 
ago,  upon  the  conditional  bequest  by  an  individual  of  prop- 
erty less  in  amount  than  the  bequest  of  Smithson.  It  lias 
since  received  some  two  millions  of  pounds  sterling  of  thr 
public  funds. 

Within  the  last  twenty  years  then-  have  been  two  >rlrrt 
committees  of  the  House  of  Commons  and  one  royal  com- 
mission appointed  to  inquire  into  the  condition,  manage- 
ment, and  affairs  of  this  institution. 

Its  government  is  vested  in  a  board  of  trustees,  in  num- 
ber forty-eight,  one  of  whom  (II.  R.  II.  the  Duke  of  Cam- 
bridge) is  directly  named  by  the  crown,  twenty-three  are 
regents  ex  officio,  nine  are  named  by  the  representatives  or 
executors  of  parties  who  have  been  donors  to  the  institution, 
and  fifteen  are  elected. 

The  following  is  a  list  of  the  trustees : 

EX  OFFICIO. 

The  Archbishop  of  Canterbury,  the  Lord  Chancellor,  the  Speaker  of  the 
House  of  Commons,  principal  trustees  ;  the  President  of  the  Council ;  the 
First  Lord  of  the  Treasury  ;  the  Lord  Privy  Seal  ;  the  First  Lord  of  the 
Admiralty;  the  Lord  Steward ;  the  Lord  Chamberlain;  the  Colonial  Sec- 
retary of  State;  the  Foreign  Secretary  of  State ;  the  Home  Secretary  of 
State  ;  the  Bishop  of  London  ;  the  Chancellor  of  the  Exchequer  ;  the  Lord 
Chief  Justice  of  the  Queen's  Bench  ;  the  Lord  Chief  Justice  of  the  Common 
Pleas  ;  the  Master  of  the  Rolls  :  the  Attorney  General  ;  the  Solicitor  Gen- 
eral; the  President  of  the  Royal  Society ;  the  President  of  the  College  of 
Physicians  ;  the  President  of  the  Society  of  Antiquaries  ;  the  President  of 
the  Royal  Academy. 

FAMILY    TRUSTEES. 

The  Earl  of  Cadogan,  Lord  Stanley,  Sloane  family  ;  George  Booth  Tyn- 
dale,  Esq.,  Rev.  Francis  Annesley,  Cotton  family;  Lord  H.  W.  Bontinck, 
the  Earl  of  Cawdor,  Harlein  family;  Charles  Townlcy,  Esq.,  Townlcv 
family;  the  Earl  of  Elgin,  Elgin  family;  John  Knight,  Esq.,  Knight 
family. 

ELECTED    TRUSTEES. 

The  Earl  of  Aberdeen  ;  the  Earl  of  Derby  ;  the  Duke  of  Rutland  ;  the 
Marquis  of  Lansdowne ;  Sir  Robert  Peel,  bart. ;  the  Duke  of  Hamilton; 


THIRTY-THIRD   CONGRESS,    1853-55. 

Sir  Kobert  H.  Inglis,  bart. ;  Henry  Hallam,  Esq.  ;  William  R.  Hamilton, 
Esq. ;  the  Duke  of  Sutherland  ;  the  Right  Hon.  T.  B.  Macaulay ;  Wiliian* 
Buokland,  D.  D.,  Dean  of  Westminster;  the  Right  Hon.  Sir  David  Dun- 
das  ;  the  Right  Hon.  H.  Goulburn  ;  the  Marquis  of  Northampton. 

Complaints  against  the  management  of  the  institution 
became  so  prevalent  that,  notwithstanding  the  mighty  array 
of  elevated  functionaries  and  illustrious  literary  and  scien- 
tific persons  behind  which  it  was  entrenched,  it  became 
necessary  for  the  House  of  Commons  to  turn  its  attention 
to  it. 

On  the  27th  of  March,  1835,  it  was  ordered  in  the  House 
of  Commons,  "that  a  select  committee  be  appointed  to  in- 
quire into  the  condition,  management,  and  affairs  of  the 
British  Museum,"  with  power  to  send  for  persons  and  papers. 
The  committee  consisted  of  thirty-three,  including  many  or 
the  leading  men  of  the  House. 

The  committee  held  nineteen  meetings,  and  on  the  6th  of 
August,  1835,  reported  a  mass  of  testimony  making  a  folio 
volume  of  623  pages. 

On  the  llth  of  February,  1836,  the  subject  was  again  taken 
up,  and  became  the  occasion  of  a  debate.  Among  other 
complaints  made  by  members,  it  was  affirmed  that  the  state- 
ment made  by  Sir  Humphry  Davy  was  correct,  "that  the 
Archbishop  of  Canterbury,  the  Lord  Chancellor,  and  the 
Speaker  of  the  House  of  Commons  were  considered  as  the 
real  acting  governors  of  the  institution."  A  new  committee 
of  fifteen  was  appointed,  composed  of  distinguished  persons, 
and  authorized  to  send  for  persons,  papers,  and  records.  It 
held  twenty-eight  meetings,  and  reported  to  the  House  of 
Commons  on  the  14th  day  of  July,  1836.  Certain  improve- 
ments were  made  in  the  condition  of  the  institution,  as  the 
result  of  these  parliamentary  proceedings. 

The  public  mind  seems  to  have  become  again  excited  on 
the  subject,  by  complaints  arising  from  the  community  and 
from  officers  of  the  institution  ;  and  in  1847  a  royal  commis- 
sion was  formed,  consisting  of  four  noblemen  and  eight  com- 
moners, all  eminent  persons.  They  prosecuted  their  re- 
searches with  $reat  diligence,  and  the  result  of  their  labors, 
in  1850,  was  a  folio  volume  of  more  than  1,000  pages.  1  he 
whole  number  of  questions  and  answers  is  10,933.  The 
chairman  of  the  commission  was  the  Earl  of  Ellesmere.  He 
presented  an  elaborate,  full,  and  independent  report.  One 
or  two  extracts  may  be  read  with  advantage  Dy  those  who- 
have  the  management  of  literary  and  scientific  institutions: 

"Such  a  board  of  trustees,  to  anyone  who  considers  the  individuals  who- 
compose  it,  with  reference  to  their  rank,  intelligence,  and   ability,  woul 
give  assurance  rather  than  promise  of  the  most  unexceptionable,  and,  in 


.£04  CONGRESSIONAL   PROCEEDINGS. 

wisest  administration  in  every  department.  High  attainments  in  literature 
and  in  science,  great  knowledge  and  experience  of  the  world  and  its  affairs, 
and  practiced  habits  of  business,  distinguish  many  of  them  in  an  eminent 
degree  ;  and  it  would  be  unjust  either  to  deny  the  interest  which  all  of  them 
feel  in  the  prosperity  of  the  institution  or  refrain  from  acknowledging  tho 
devoted  services  which  some  of  them  have  rendered  in  its  administration. 
But,  on  the  other  hand,  absorbing  public  cares,  professional  avocations,  and 
the  pursuits  of  private  life,  must,  in  many  instances,  prevent  those  indi- 
viduals whose  assistance  might  have  been  best  relied  on  from  giving  any- 
thing like  continued  attention  to  the  affairs  of  the  institution." 

While  the  report  alludes,  in  the  above  language,  to  the 
inability  of  such  official  persons,  in  general,  to  attend  with 
sufficient  particularity  to  any  extra  business  incidental  to 
affairs  out  of  the  sphere  of  their  more  appropriate  duties. 
it  makes  an  exception  in  favor  of  the  Archbishop  of  Canter- 
bury, who,  in  the  words  of  the  report,  "gave  to  its  affairs 
.more  time  and  attention  than  we  could  have  supposed  it 
possible  for  a  person  the  most  active  to  have  spared  from 
his  momentous  and  sacred  duties." 

The  commissioners  dwell  at  length  upon  the  tact  that  the 
trustees  were  not  in  the  habit  of  communicating  directly 
with  any  other  officers  of  the  institution  but  the  secretary, 
as  in  the  following  passage: 

"  The  secretary  attends  all  the  meetings,  and  the  officers  of  the  establish- 
ment, generally,  are  perfectly  aware  of  the  extent  of  his  influence  and  con- 
trol over  the  business,  while  he  has  no  direct  responsibility  for  the  conduct 
or  actual  state  of  any  department. 

"  There  may  be  many  cases,  certainly,  in  which  it  is  not  expedient  only, 
but  necessary,  that  the  board  should  deliberate  in  the  absence  even  of  the 
principal  librarian,  or  of  the  heads  of  departments;  but  there  must  be  ex- 
ceptional cases,  and  considering  the  persons  who  are  heads  of  departments, 
and  the  knowledge  and  ability  by  which  they  are  and  ought  to  be  distin- 
guished, it  seems  impossible  to  suppose  that  the  trustees  would  not  derive  the 
greatest  assistance  from  immediate,  full  and  unreserved  communication 
with  them  on  questions  arising  in  the  administration  of  their  respective 
departments.  We  find,  however,  there  is  scarcely  one  of  the  highest  officers 
of  the  institution  who  has  not  complained  of  systematic  exclusion  from  the 
board  when  the  affairs  of  his  department  are  under  consideration,  as  equally 
disparaging  to  himself  and  injurious  to  the  interests  of  the  department 
giving  no  opportunity  of  explaining  their  reports  or  meeting  the  objec- 
tions and  criticisms  to  which  they  may  have  been  subject;  and  their  own 
absence,  joined  to  that  of  the  principal  librarian,  leaves  them  under  the 
painful  but  natural  impression,  where  their  suggestions  are  disallowed,  that 
the  interests  with  which  they  are  charged  have  not  been  fully  represented. 
We  cannot  but  ascribe  to  this  cause  the  unfortunate  and  unseemly  jealousies 
which  the  evidence  shows  to  have  long  existed  among  the  principal  officers 
of  the  museum  ;  their  distrust  in  the  security  of  the  means  by  which  they 
communicate  with  the  board,  their  misgivings  as  to  the  fullness  and  fairness 
<>f  the  consideration  which  their  suggestions  receive,  and  their  feelings  of 
injustice  done  to  their  own  department,  arising,  it  may  be,  from  an  over 
zeal  for  its  interests  or  over  estimate  of  its  importance. 

Finally,  they  use  this  language  in  reference  to  what  they 
judge  to  be  the  too  overshadowing  power  allowed  to  the 
secretary  by  the  trustees : 


THIRTY-THIRD    CONGRESS,    1853-55.  G05  • 

"  From  his  control  of  the  business,  constant  intercourse  with  the  trustees,, 
and  attendance  at  all  their  meetings,  he  has  arisen  to  be  the  most  important 
officer  in  the  establishment,  though  without  that  responsibility  which  at- 
tached to  the  principal  librarian  and  the  heads  of  departments.  The  in- 
fluence possessed  by  this  oflScer  in  the  affairs  of  the  museum  has  followed 
the  usual  course  where  the  secretary  is  permanent,  and  where  the  adminis- 
trative board  is  fluctuating,  and  must  depend  mainly  upon  the  secretary  for 
the  information  required  in  the  dispatch  of  ordinary  business."— (Report 
of  Commission.) 

The  case  of  the  British  Museum  confirms  the  conviction; 
that  whatever  power  is  lodged  in  the  secretary— and  we  do 
not  advise  to  encroach  upon  or  to  diminish  his  authority— it 
is  all-important  to  have  it  defined  and  guided,  and  guarded 
by  express  regulation.     Gentlemen  of  education  and  refined 
sensibilities  will  be  willing  to  conform  to  rules  in  the  shape 
of  law,  but  will  always  reluct  against  and  resent  the  exercise 
of  absolute  and  unrestrained  power.    Every  American  heart 
instinctively  resists  arbitrary  authority;  no  reasonable  mind 
objects  to  conformity  to  established  regulations,  and  obedi- 
ence to  defined,  permanent,  and  uniform  rules.     Beyond 
those  rules  the  rights  of  a  subordinate  officer  are  as  perfect 
as  those  of  any  other  man.     Within  them  he  feels  that  it  is 
no  degradation  to  obey.     It  is  not  at  all  improbable  that 
many  of  the  difficulties  that  have  been  encountered  in  the 
British   Museum  and  in  the  Smithsonian  Institution  have 
arisen   not  so  much  from  lodging  too  much  power  in  the 
secretary  as  from  the  absence  of  by-laws  fully  defining  the 
powers,  duties,  and  relations  of  all  the  officers  employed  in 
them      The  committee  is  particularly  desirous  to  have  it 
understood  that  they  feel  justified  in  expressing  a  very  de- 
cided opinion  that  the  difficulties  that  have  arisen,  and  which 
the  evidence  sufficiently  discloses,  in  the  bosom  of  the  mst 
tution,  and  the  dissatisfaction  that  may  exist  in  some  por- 
tions of  the  community,  may  safely  be  attributed  to  the 
causes  just  mentioned,  and  not  in  the  least  to  any  want  of 
fidelity  or  zeal  on  the  part  of  its  managers 

As  it  respects  the  general  policy  advocated  by  the  friends 
of  a  library  to  make  it  the  prominent  feature  of  the  Smith- 
sonian Institution,  the  committee  are  of  opinion   that 
funds  of  the  institution  are  sufficient  to  accomplish  that  < 
iect  at  a  more  rapid  rate  of  gradual  accumulation  than  here- 
tofore, without   essentially   impairing  the   usefulness   and 
efficacy  of  the  policy  pursued  at  present  by  the  managers 
Active  operations,  original  researches,  and  the  publicati, 
of  scientific  treatises,  if  the  whole  income  were  consumed 
in  them,  would  have  to  be  confined  far  within  the  limit, 
what  would  be  desirable,     A  limitation  must  be  suffered  at 
some  point  within  the  income ;  and  the  satisfaction  < 


'606  CONGRESSIONAL    PROCEEDINGS. 

•country  is  of  greater  importance  than  a  few  thousand  dol- 
lars, more  or  less,  expended  in  either  direction. 

But  a  few  words  are  needed  to  do  justice  to  the  value  of 
.a  great  universal  library  at  the  metropolis  of  the  Union. 
Every  person  who  undertakes  to  prepare  and  publish  a  book 
on  any  subject  will  be  found  to  bear  testimony  to  the  need 
of  such  a  library.  The  great  historians  and  classical  writer.- 
of  the  country  have  to  send  abroad,  often  to  go  abroad  in 
person,  in  order  to  obtain  materials  for  their  works.  All 
literary  men  are  eager  to  inspect  catalogues  and  explore 
alcoves  in  the  prosecution  of  their  favorite  departments, 
and  there  is  no  direction  in  which  they  are  more  tempted 
to  drain  their  generally  quite  moderate  resources  than  in 
the  purchase  of  books.  Such  a  library  as  would  be  accum- 
ulated by  an  appropriation  of  $20,000  annually  for  twenty 
years,  judiciously  expended,  would  be  frequented  by  schol- 
ars and  authors  in  much  larger  numbers  than  persons  not 
acquainted  with  their  wants  will  be  likely  to  suppose.  In 
half  a  century  it  would  give  to  America  a  library  imequaled 
in  value,  and  probably  in  size,  in  the  world. 

There  is  a  special  reason  why  such  a  library  should  be 
provided  at  this  seat  of  the  Federal  Government.  The  an- 
nals of  all  other  countries,  running  buck  into  the  past,  are 
soon  shrouded  in  fable  or  lost  in  total  darkness  ;  but  ours. 
during  their  whole  duration,  are  within  the  range  of  un- 
clouded history.  The  great  social,  moral,  and  political  ex- 
periment here  going  on,  to  test  the  last  hope  of  humanity, 
is  capable  of  being  described  in  clear  and  certain  record-. 
The  history  of  each  State  and  Territory  can  be  written  on 
the  solid  basis  of  ascertained  facts.  In  each  State  and  Ter- 
ritory there  are,  and,  from  the  first,  have  been,  many  per- 
sons who  are  preparing,  and  have  published,  works  illus- 
trative of  the  entire  progress  of  those  respective  communi- 
ties. In  local  histories,  commemorative  addresses,  and  the 
vast  variety  of  productions  of  this  sort,  our  literature  is  rich 
and  ample  beyond  that  of  any  other  people.  There  is  no  way 
in  which  the  patriotism  and  virtue  of  a  people  can  be  so 
effectually  fostered  and  strengthened  as  by  cherishing  in 
their  breasts  an  interest  in  their  ancestry,  in  the  incidenis 
that  have  marked  the  fortunes  of  their  States,  their  towns, 
and  the  scenes  of  their  residence — the  transmitted  reminis- 
cences of  their  homes  and  firesides.  It  would  be  a  great 
and  a  good  thing,  could  there  be  collected  in  a  national 
library,  in  distinct  alcoves,  all  valuable  publications  illustrat- 
ing the  history  of  the  several  States  of  this  Union.  Differ- 
ent processes  of  legislation,  and  various  social  and  political 


THIRTY-THIRD    CONGRESS,    1853-55.  607 

influences,  have  operated  upon  them  severally,  and  the 
records  of  the  results  ought  to  be  here  for  the  inspection 
and  instruction  of  the  representatives  of  the  people  them- 
selves, and  of  the  whole  world. 

But,  if  every  other  description  of  books  is  avoided  or 
crowded  out,  there  is  one  which  surely  ought  not  to  be. 
If  the  resources  of  the  institution  are  to  be  exclusively  or 
mainly  devoted  to  science  rather  than  to  general  literature 
and  knowledge,  it  ought,  at  any  rate,  to  have  within  its 
walls  a  perfect  and  universal  library  of  science  and  art — 
not  merely  modern  science  and  recent  researches,  but  all 
the  publications,  of  all  ages  and  all  countries,  that  illustrate 
the  progress  of  science,  as  such.  If  we  cannot  have  a  uni- 
versal library,  give  us,  at -least,  a  scientific  library  such  as 
no  other  nation  can  boast. 

One  advantage  of  a  liberal  expenditure  for  a  library,  not 
to  be  thought  lightly  of  in  a  government  resting  entirely  on 
popular  opinion,  is  that  it  results  in  something  that  shows 
for  itself;  the  people  can  see  in  it  what  has  become  of  the 
money.  It  would  forever  grow  before  their  eyes,  and,  in 
all  coming  generations,  from  its  unapproached  and  ever  ex- 
panding; magnitude,  would  be  an  object  of  perpetually  in- 
creasing national  pride.  Under  the  present  policy  the  funds 
disappear,  as  they  are  expended,  however  salutary  their 
application  may  have  been,  and  the  only  monuments  are  a 
few  volumes,  admirable  no  doubt  in  their  form  and  sub- 
stance, highly  appreciated  by  scientific  societies  at  home  and 
abroad,  but  never  seen  by  the  people. 

The  short  time  allowed  them,  the  necessary  consequent 
inadequateness  of  their  investigations  and  deliberations, 
and  the  impossibility  of  any  legislative  action  by  this  Con- 
gress, restrain  the  committee  from  reporting  any  bill  to  the 
House ;  but,  in  view  of  all  circumstances,  as  a  measure  of 
peace  as  a  mutual  concession,  which  in  such  a  matter  is  the 
only  way  of  settling  a  difficulty,  they  would  express  their 
conviction  that  the  compromise  adopted  at  an  early  day  by 
the  Board  of  Regents  ought  to  be  restored,  and  that  all  de- 
sirable ends  may  be  ultimately  secured  by  dividing  the  in- 
come equally  between  the  library  and  museum  on  one  part, 
and  active  operations  on  the  other. 

The  only  other  suggestion  the  committee  have  to  make 
is  the  expediency,  in  order  to  avoid  all  embarrassment  in 
future  to  have  each  division  of  the  institution  placed  under 
its  proper  and  distinctive  head.  Let  the  secretary  have 
-e  of  the  active  operations,  preside  over  the  scientific 


608  CONGRESSIONAL    PROCEEDINGS. 

researches,  and  direct  the  publications.  Let  the  librarian- 
have  charge  of  the  library  and  museum.  If  the  two  depart- 
ments are  thus  separated^  and  placed  under  the  control  of 
well-devised  and  clearly  defined  regulations,  never  interfer- 
ing with  each  other,  but  working  freely  and  harmoniously 
in  their  respective  spheres,  each  principal  responsible  only 
for  his  own  province,  and  subject  alike  to  a  common  head, 
whether  the  Secretary  of  the  Interior  or  a  Board  of  Regents, 
the  institution  would,  we  think,  be  found  to  work  most 
auspiciously,  and  produce  the  best  and  greatest  results. 

Mr.  WM.  H.  WITTE,  of  Penn.,  from  the  Select  Commit tee, 
made  the  following  report : 

The  Select  Committee,  to  whom  was  referred  the  letter  of 
the  Hon.  Rufus  Choate,  resigning  the  office  of  regent  of 
the  Smithsonian  Institution,  also  the  resolution  thereon 
to  inquire  whether  the  Smithsonian  Institution  bus  been 
managed  and  its  funds  expended  in  accordance  with  t lie- 
law  establishing  it,  and  whether  any  additional  legisla- 
tion be  necessary  to  carry  out  the  design  of  its  founders, 
report— 

[Mr.  NATH.  G.  TAYLOR,  of  Tenn.,  coiieurring:  and  Mr. 
RICHARD  C.  PURYEAR,  of  North  Carolina,  and  Mr.  DAN- 
IEL WELLS,  of  Wisconsin,  although  not  dissenting  from 
all  the  views,  preferred  not  to  sign  either  this  report  or 
the  report  made  by  Mr.  Upharn  alone.] 

That  they  have  made  a  patient  examination  of  the  insti- 
tution, and  have  concluded  that  there  is  no  just  cause  of 
complaint  against  the  regents  or  the  secretary,  in  regard  to 
the  construction  of  the  act  of  Congress  establishing  the  in- 
stitution, and  the  plan  of  organization  adopted  by  tbe 
regents,  or  the  manner  in  which  its  affairs  have  been  ad- 
ministered. The  subjects  included  in  the  resolution  may- 
be appropriately  arranged  under  the  following  heads : 

1.  The  proper  construction  of  the  act  of  Congress  estab- 
lishing the  institution. 

2.  The  plan  of  organizing  and  administering  the  affairs  of 
the  institution  adopted  by  the  regents  in  pursuance  of  the 
law. 

3.  The  question  whether  any  new  legislation  is  necessary. 

4.  The  administration  of  this  plan  by  the  regents  and 
secretary. 


THIRTY-THIRD    CONGRESS,    1853-55.  609 

Of  these  the  committee  will  treat  in  the  order  in  which 
they  are  stated  : 

1.   The  proper  construction  of  the  act  of  Congress. 

The  question  whether  the  bequest  of  Mr.  Smithson  should 
be  applied  chiefly  to  the  formation  of  a  great  national  libra- 
ry, or  to  researches  for  the  increase  of  knowledge,  and  the  pub- 
lication and  circulation  of  their  results,  for  its  diffusion  among 
men,  divided  the  opinion  of  the  members  of  the  Board  of 
Regents  at  their  first  meeting.  These  differences  of  opin- 
ion were  compromised  at  the  organization  of  the  institution 
by  a  resolution,  which  the  regents  have  lately  repealed. 

That  resolution  provided,  prospectively,  and,  on  a  contin- 
gency— which  may  be  said  to  have  just  occurred,  (the  com- 
pletion of  the  Smithsonian  building) — for  an  equal  division 
of  the  fund  committed  to  the  care  of  the  Board  of  Regents 
between  the  two  objects  above  stated :  a  national  library, 
museum  and  gallery  of  art  on  the  one  hand,  and  researches, 
publications  and  lectures  on  the  other. 

This  compromise  resolution  has  been  repealed  by  the 
Board  of  Regents  during  their  present  session,  and  instead 
of  it  they  have  adopted  the  following : 

"Resolved,  That  hereafter  the  annual  appropriations  shall  be  apportioned 
specifically  among  the  different  objects  and  operations  of  the  institution  in 
such  manner  as  may,  in  the  judgment  of  the  regents,  be  necessary  and 
proper  for  each,  according  to  its  intrinsic  importance,  and  a  compliance  in 
good  faith  with  the  law." 

The  adoption  of  this  resolution  was  followed  by  the  resig- 
nation of  Mr.  Choate,  one  of  the  regents,  and  in  his  letter 
of  resignation,  addressed  to  the  Speaker  of  the  House,  he 
assumes  that  the  act  of  Congress  presented  a  rule  of  appro- 
priation which  is  set  aside  by  the  resolution.  Whether  the 
Board  of  Regents  or  Mr.  Choate  are  right  in  this  respect 
must  be  determined  by  a  reference  to  the  act  of  Congress. 

When  it  had  created  the  institution,  given  it  a  corporate 
name,  invested  it  with  certain  powers,  subjected  it  to  specific 
restrictions,  provided  for  the  erection  of  a  suitable  building, 
and  directed  an  annual  appropriation  not  exceeding  $25,000 
for  the  gradual  formation  of  a  library,  it  proceeded  to  de- 
clare that  of  any  other  moneys  accrued,  or  to  accrue  as  interest 
on  the  fund,  not  otherwise  appropriated  nor  required  for  the 
purposes  therein  provided,  the  managers  were  thereby  "au- 
thorized to  make  such  disposal  as  they  shall  deem  best  suited 
for  the  promotion  of  the  purposes  of  the  testator,  anything 
therein  contained  to  the  contrary  notwithstanding." 

Beyond  any  reasonable  controversy,  here  is  a  discretion- 
ary and  controlling  power  given  to  the  Board  of  Regents 
39 


CIO  CONGRESSIONAL    PROCEEDINGS.     ' 

over  the  whole  income  of  the  fund,  except  only  such  portion 
of  it  as  had  been  appropriated,  or  should  be  required  for 
purposes  provided  by  the  act.  To  determine  the  extent  of 
this  discretionary  power,  it  becomes  necessary  then  to  ascer- 
tain what  appropriation  had  been  made,  and  what  purposes 
were  provided  by  the  act. 

It  directs  the  selection  of  a  lot  and  the  erection  of  a  suit- 
able building,  but  does  not  limit  the  amount  of  expenditure, 
nor  make  any  appropriation  for  it.  It  provides  "that  in 
proportion  as  suitable  arrangement  can  be  made  for  their 
reception,"  the  several  objects  specified  in  the  6th  section 
shall  be  delivered  to  the  order  of  the  Board  of  Regents,  and 
requires  the  arrangements  and  classification  of  tlu'in. 

It  directs  the  regents  to  appropriate  "from  the  interest  <>t 
said  fund  a  sum  not  exceeding  an  average  of  $25,000  annually 
for  the  gradual  formation  of  a  library,"  and  then  places  the 
whole  residue  of  the  increase  of  the  fund  at  their  disposal. 
Can  this  be  doubted  ?  For  the  various  purposes  provided 
by  the  act  no  appropriations  are  made.  The  library  forms 
the  only  exception,  and  the  sole  limit  of  the  discretionary 
power  of  the  regents  over  appropriations  for  a  library  i> 
that  they  shall  not  exceed  an  annual  average  of  §25,000. 
Within  that  limit  their  discretion  is  full  and  entire.  Sup- 
pose any  appropriation  made  in  any  IT'IYCM  year  for  the 
gradual  formation  of  a  library,  can  any  one  doubt  that  the 
regents  have  the  power  to  make  such  an  appropriation  or  so 
to  limit  it?  And  is  there  any  reason  why  they  might  not 
limit  the  appropriation  to  a  still  smaller  sum  ?  They  might, 
indeed,  be  liable  to  the  charge  of  evading  the  law,  if  those 
appropriations  were  for  mere  nominal  sums,  so  that  in  the 
course  of  a  series  of  years  no  sensible  progress  could  be 
made  in  the  gradual  formation  of  a  library.  But  this  is  an 
extreme  case,  from  which  no  argument  can  be  drawn  against 
their  discretion  to  limit  the  appropriation  fora  library, while 
intending  in  good  faith  to  provide  for  its  gradual  formation. 

Then  suppose  them  to  apply  an  amount  sufficient  to  meet 
all  the  expenses  necessarily  resulting  from  the  provisions  of 
the  act,  still  there  would  remain  a  considerable  sum  not  ap- 
plied to  any  purpose.  If  the  Board  of  Regents  believe  that 
its  application  to  scientific  researches  and  their  publication 
be  "  best  suited  for  the  promotion  of  the  purposes  of  the 
testator,"  can  it  be  doubted  that  they  would  have  the  right 
so  to  apply  it  ? 

The  ninth  section  of  the  act  gives  this  power  in  full. 
When  they  have  met  the  current  expenses  of  the  institu- 
tion, from  time  to  time  made  the  necessary  appropriations 


THIRTY-THIRD    CONGRESS,    1853-55.  611 

for  the  buildings  in  process  of  erection,  and,  exercising  their 
discretion  within  the  limit  prescribed  to  them,  have  made 
an  annual  appropriation  for  a  library,  what  remains  is 
placed  at  their  u  disposal,"  to  promote  the  purposes  of  the 
testator  by  the  use  of  such  means  as  "  they  (the  Board  of 
Regents)  shall  deem  best  suited"  to  accomplish  this  object. 
In  construing  the  act  of  Congress  the  committee  confine 
themselves  to  the  act  itself — to  the  plain  import  of  the  terms 
in  which  it  is  expressed,  and  to. the  necessary  results  of  the 
provisions  which  it  contains.  They  do  not  resort  to  what 
is  called  its  parliamentary  history.  The  reported  speeches 
of  members  upon  the  bill  while  pending  in  Congress,  and 
even  votes  upon  amendments  made  or  rejected,  do  not 
answer  this  purpose.  The  first  only  disclose  the  individual 
opinions  of  the  speakers — the  second  frequently  do  not  ex- 
hibit the  object  of  those  who  voted  for  or  against  the  par- 
ticular amendment.  A  speech  made  by  one  member  is 
often  at  variance  with  the  views  of  those  who  unite  with 
him  in  voting  for  a  particular  provision.  They  frequently 
sustain  it  on  other  and  different  grounds.  So  too  the  ma- 
jority or  intermediate  vote  is  frequently  composed  of  the 
friends  and  opponents  of  the  bill ;  the  latter  advocating  a 
particular  amendment  with  the  hope  and  in  the  belief  that 
it  will  prove  an  incumbrance  to  the  measure  in  the  view  of 
some  of  its  advocates,  and  thus  contribute  to  its  defeat;  or 
they  may  think  that  a  particular  proviso  proposed  to  be 
stricken  out  is  unnecessary  as  being  comprehended  in  some 
other  part  of  the  act, 

A  careful  scrutiny  of  the  proceedings  of  the  House  of 
of  Representatives,  while  this  law  was  pending  before 
them,  would  show  how  unsafe  a  guide  the  resort  to  the 
parliamentary  history  of  a  bill  would  be  in  the  ascer- 
tainment of  its  true  construction.  This  may  reconcile  us  to 
an  adherence  to  those  rules  which  the  wisdom  of  ages  has 
devised  for  the  interpretation  of  statutes.  We  are  endeav- 
oring to  ascertain  the  powers  and  duties  of  the  Board  of 
Regents,  and  to  do  this  we  seek  to  discover  the  true  inter- 
pretation of  the  act  of  Congress  and  the  will  of  Mr.  Smith- 
son,  which,  taken  together,  confer  their  powers  and  pre- 
scribe their  duties.  These  two  sources  of  power  and  duty 
are  spoken  of  as  necessarily  connected ;  for,  although  the 
Smithsonian  Institution  was  created  by  act  of  Congress,  and 
will  cease  to  exist  whenever  Congress  shall  think  proper  to 
repeal  that  act,  yet  both  Congress  and  the  institution,  so 
long  as  it  continues  to  exist,  are  bound  to  carry  the  inten- 
tion of  the  testator  into  effect. 


G12  CONGRESSIONAL    PROCEEDINGS. 

The  trust  has  been  accepted  by  Congress  in  behalf  of  the- 
United  States,  and  the  faith  of  the  United  States  has  been 
pledged  for  its  faithful  execution  "  according  to  the  will  of 
the  enlightened  and  liberal  donor."  While,  therefore, 
Congress,  acting  as  agents  of  the  United  States,  have  the 
power  to  divert  the  fund  to  purposes  other  than  those  which 
may  be  according  to  "  the  will  of  the  liberal  and  enlightened 
donor,"  their  right  to  do  so  can  never  be  affirmed ;  and 
though  the  Board  of  Regents  cannot  and  do  not  claim  a 
right  to  place  themselves  in  an  antagonistical  position  to  the 
Congress  of  the  United  States,  whose  sub-agents  they  are, 
yet  in  construing  the  act  of  Congress,  if  it  will  admit  of  two 
constructions,  one  of  which  seems  to  be  most  conformable 
to  the  purposes  of  the  will  of  Smithson,  the  regents  would 
not  hesitate  to  accept  such  construction  in  preference  to  the 
other  which  does  not  conform  to  the  will  of  the  testator. 
This  is  merely  the  application  of  a  principle  universally 
recognized  in  the  interpretation  of  statutes. 

In  the  present  case  two  constructions  are  given  to  the  act 
of  Congress.  If  the  Board  of  Regents  consider  one  of  them 
to  be  more  consonant  to  the  purposes  of  Mr.  Smithson's 
will,  which  was  the  source  of  the  authority  of  Congress  to 
legislate  on  the  subject  for  any  purpose,  it  ought  to  be 
adopted,  since  the  act  was  passed  evidently  t<>r  the  pur- 
pose of  carrying  into  execution  "the  will  of  the  donor," 
and  especially  when  this  interpretation  affects  two  provi- 
sions of  the  act,  which  otherwise  would  be  without  object 
or  operation. 

The  committee  will  now  proceed  to  inquire  whether  the 
scientific  researches,  and  the  publication  of  their  results, 
are,  in  the  language  of  the  acts  of  Congress,  "  best  suited  to 
promote  the  purpose  of  the  testator."  The  question  is 
between  such  researches,  made  and  published  at  Washing- 
ton, or  examined  under  the  authority  of  the  institution,  and 
circulated  throughout  the  civilized  world,  and  a  grout  na- 
tional library,  to  be  established  in  this  city.  Mr.  Smithson 
was  a  scholar,  a  man  of  science,  an  author  of  scientific  me- 
moirs, a  contributor  to  the  Transactions  of  the  Royal  Society 
of  London,  familiar  with  the  language  in  which  his  will  is 
written,  and  perfectly  competent  to  decide  upon  the  apti- 
tude of  words  to  convey  the  ideas  they  were  intended  to 
express. 

It  might  well  be  expected  that  the  language  of  such  a 
man  would  be  characterized  by  simplicity,  by  the  absence 
of  circumlocution  and  periphrasis,  which  'is  well  described 
as  the  use  of  many  words  to  express  the  meaning  of  one. 


THIRTY-THIRD    CONGRESS,    1853-55.  613 

•If  he  had  intended  to  furnish  to  the  people  of  the  United 
•  States,  and  especially  to  the  citizens  of  Washington,  a  great 
library,  comprehending  all  that  was  then  known  in  eveiy 
department  of  human  knowledge  and  culture,  he  would 
have  said  so  in  terms  not  to  be  misunderstood.  The  com- 
mittee cannot  doubt  that  if  lie  had  merely  designed  to  pro- 
vide for  the  purchase  of  books,  to  become,  through  the 
.agency  of  the  United  States,  the  founder  of  a  library,  he 
would'  have  used  the  simple  language  appropriate  to  such 
an  intention.  He  would  have  said:  "I  bequeath  the  whole 
of  my  property,  subject,  &c.,  to  the  United  States  of  Amer- 
ica, to  found,  at  Washington,  a  library,  under  the  name  of 
the  Smithsonian  Library." 

It  is  difficult  to  believe  that  any  man  having  such  an  ob- 
ject in  view  would  have  abandoned  the  plain,  simple,  intel- 
ligible language,  in  which  no  difference  of  construction 
could,  by  any  possibility,  have  arisen,  and  have  substituted 
for  it  the  sentence  which  is  found  in  his  will,  namely  :  "  To 
found  at  Washington,  under  the  name  of  the  Smithsonian 
Institution,  an  establishment  for  the  increase  and  diffusion 
of  knowledge  among  men." 

Again,  Mr.  Smithsou  was,  as  the  committee  have  before 
said,  a  man  of  science,  the  author  of  scientific  memoirs,  a 
member  of  the  Royal  Society,  and  a  contributor  to  its  Trans- 
actions. What  is  more  natural  than  that  such  a  man  should, 
when  about  to  pass  away  from  the  scene  of  action,  dedicate 
his  property  to  the  continued  prosecution  of  those  researches 
to  which  his  life  had  been  principally  devoted.  The  words 
of  the  bequest  are  strongly  corroborative  of  this  view.  It 
is  for  the  "  increase  of  knowledge,"  not  merely  for  the  ac- 
quirement of  that  which  now  exists.  A  library  would  sub- 
serve the  latter  purpose,  but  could  only  indirectly  aid  in  the 
accomplishment  of  the  former  by  enabling  those  who  had 
mastered  its  contents  to  do  what  the  board  is  now  doing, 
namely — to  prosecute  researches  for  the  increase  of  knowl- 
edge. But  the  terms  of  the  bequest  require  not  merely  that 
it  should  be  applied  to  the  increase  of  knowledge,  but  also 
to  its  diffusion,  and  to  its  diffusion  AMONG  MEN. 

The  benevolent  purposes  of  Mr.  Smithson  were  not  lim- 
ited to  the  citizens  of  Washington,  nor  yet  to  the  people  of 
the  United  States.  They  had  a  far  wider  scope.  A  man 
of  science  belongs  exclusively  to  no  particular  country. 
He  is  in  one  sense  a  cosmopolite,  at  home  in  all  places 
where  the  votaries  of  science  dwell,  and  under  every  clime 
.they  are  the  objects  of  his  benevolence.  They  are  men 


614  .      CONGRESSIONAL    PROCEEDINGS. 

among  whom  be  desires  the  increase  and  diffusion  of  knowl- 
edge. 

And  he  has  provided  for  this  in  his  will.  How  could  a 
vast  library  established  here  accomplish  this  object?  At 
most  it  would  be  accessible  to  the  people  of  Washington, 
to  casual  visitors,  and  to  those  who  came  here  for  the  pur- 
pose of  consulting  its  volumes.  How  infinitely  short  would 
this  fall  of  the  purpose  of  the  testator,  which  was  first  the 
wirease  and  then  the  diffusion  of  knowledge  among  men  of 
whatever  country  or  whatever  clime. 

If  a  national  library  be  a  national  want,  who  should  sup- 
ply it?  Cannot  Congress,  which  represents  a  population  of 
twenty-five  millions,  with  resources  almost  incalculable, 
and  with  a  treasury  not  exhausted  or  impoverished,  but 
overflowing  with  revenue?  Can  it  not  spare  out  of  this 
abundance  whatever  may  be  necessary?  Is  it  not  now 
supplying  that  want  in  the  great  library  of  Congress,  to 
which: in  the  last  three  .years  they  have  appropriated  more 
than  ninety  thousand  dollars  ?  It  is  accessible  now  to  every 
scholar  who  may  be  at  Washington,  and  will  in  a  lew  years 
be  so  increased  under  the  policy  of  it-  present  administra- 
tion as  to  supply  many  of  the  wants  of  the  student  and  the  * 
scientific  investigator.  Shall  a  nation  >udi  as  ours  depend 
for  this  national  want  upon  the  bounty  of  a  stranger?  The 
generous  impulse  of  the  American  heart  will  quickly 
prompt  the  answer — no. 

The  resolutions  of  .compromise,  as  they  were  called,  to 
which  the  committee  have  before  alluded,  were  repealed  by 
the  Board  of  Regents  before  the  period  when  by  their  terms 
they  were  to  go  into  operation.  What  has  been  already 
said  will  show  that  the  committee  think  that  they  were 
properly  repealed.  Their  effect  was  to  tie  up  the  hands  of 
the  Board  of  Regents,  to  deny  to  the  successors  of  those 
who  passed  them  the  exercise  of  that  discretion  with  which 
the  law  invested  the  board,  and  thus  to  defeat  the  act  of 
Congress  by  taking  away  that  discretion  in  regard  to  the 
disposal  of  the  fund  which  the  law  made  it  not  only  the  right 
but  the  duty  of  the  regents  to  exercise.  Nor  can  there  be 
any  breach  of  faith  in  this  repeal.  The  faith  which  the  re- 
gents owe  is  to  the  law  and  to  the  purpose  of  the  will  of 
Smithson,  and  any  arrangement  of  their  own -which  should 
restrain  them  from  promoting  this  purpose  by  the  means 
which  they  deem  best  suited  to  it,  would  itself,  in  the 
opinion  of  the  committee,  approach  more  nearly  to  a  breach 
of  faith. 

The  regents,  by  pledging  their  faith  to  one  another,  can- 


THIRTY-THIRD    CONGRESS,    1853-55.  615 

not  escape  from  the  obligation  to  apply  the  funds  at  their 
control  to  the  objects  which  they  deem  best  suited  to  pro- 
mote the  purpose  of  the  testator.  The  act  of  Congress, 
according  to  the  plain  import  of  its  terms,  authorizes  the 
Board  of  Regents  to  employ  all  moneys  arising  from  the 
income  of  the  endowment  not  therein  appropriated  nor  re- 
quired for  the  purpose  therein  provided,  in  such  manner  as 
they  shall  deem  best  suited  for  the  "  purpose  of  the  testator,'' 
namely,  "  the  increase  and  diffusion  of  knowledge  among 
men,"  and  this  authority  is  rendered  incontestible,  in  the 
judgment  of  the  committee,  by  the  concluding  clause  of  the 
section  which  empowers  the  Board  of  Regents  to  exercise 
their  discretion  in  the  disposal  of  the  surplus  income,  "ANY- 
THING HEREIN  (the  act  of  Congress)  CONTAINED  TO  THE  CON- 
TRARY NOTWITHSTANDING." 

This  grant  of  the  power  imposes  the  obligation  to  exer- 
cise the  discretion  which  it  confers.  Judicial  tribunals 
would  never  reverse  the  construction  of  a  statute,  the 
terms  of  which  were  so  plain  and  unmistakeable,  by  what 
is  at  all  times  dangerous,  a  resort  to  speeches  made  by 
a  few  of  the  lawgivers  who  framed  it,  or  the  votes  of 
members  actuated  by  motives  beyond  the  scrutiny  of  the 
expounder.  Looking,  therefore,  to  the  act  of  Congress  it- 
self, which,  as  was  said  by  a  Senator  in  a  recent  discussion , 
is  best  construed  by  "  the  examination  and  comparison  of  its 
various  provisions  and  the  admitted  purpose  of  its  enact- 
ment," the  committee  found  no  difficulty  in  coming  to  these 
conclusions  on  this  point.  They  find  in  the  law  directions 
to  the  Board  of  Regents  to  erect,  on  a  liberal  scale,  a  build- 
ing in  which  can  be  arranged  collections  of  natural  history, 
a  geological  and  mineral ogical  cabinet,  a  museum,  a  library, 
chemical  laboratory,  gallery  of  art,  a  lecture  room ;  and,  of 
course,  to  use  these  various  means  of  increasing  knowledge  in, 
the  manner  and  for  the  purpose  to  which  they  are  adapted, 
and  for  which  they  are  required.  In  effect  the  law  says : 
"All  other  portions  of  the  income  dispose  of  as  you  may 
think  best  calculated  to  promote  the  purpose  of  the  testator.'5 
A  larger  discretion  can  hardly  be  conceived.  It  is  absolutely 
unlimited  in  relation  to  every  one  of  its  objects  except  a 
library,  and  to  this  the  appropriations  which  the  regents 
are  authorized  to  make  are  limited  to  a  maximum  amount 
which  they  are  not  at  liberty  to  exceed.  It  would  seem  to 
be  most  singular,  if  this  had  been  the  primary  and  cherished 
object  of  Congress  that  it  should  be  the  only  one  subjected 
to  such  a  limitation. 

It  might  be  thought,  if  this  had  been  their  primary  pur- 


616  CONGRESSIONAL    PROCEEDINGS. 

pose,  that  the  restrictions  would  have  been  imposed  upon 
the  appropriations  for  other  objects,  leaving  that  for  the 
library  unfettered.  If  we  turn  from  the  act  of  Congress  to 
the  will  of  Smithson  to  determine  the  manner  in  which  the 
trust  should  be  executed,  if  we  look  to  his  antecedents  and 
find  that  he  was  himself  a  searcher  into  the  mysteries  of 
nature  which  science  is  laboring  to  develope — not  so  much 
employed  in  studying  the  pages  of  those  who  have  written 
as  striving  to  read  the  unwritten  pages  of  nature's  book — if 
we  consider  the  plain  and  obvious  import  of  the  simple 
language  in  which  his  wishes  are  expressed,  and  contem- 
plate the  benefits  to  result  from  one  or  the  other  scheme  of 
appropriation  which  have  been  in  controversy;  if  we  con- 
sider these  things,  we  cannot  doubt  that  it  is  botli  the  right 
and  the  duty  of  the  regents,  resulting  from  the  will  of  Smith- 
son  and  enjoined  yq  the  act  of  Congress,  to  appropriate  such 
portion  of  his  funds  as  they  can  advantageously  employ  in 
scientific  researches  and  the  publication  and  circulation  of 
the  results  "among  men,"  wherever  men  exist  capable  of 
appreciating  them,  while,  at  the  same  time,  they  apply  another 
portion  of  the  fund,  according  to  a  sound  and  honest  discre- 
tion, to  the  particular  purposes  specified  in  the  act. 

Thus  they  will  not  depart  from  any  plan  devised  by  Con- 
gress and  prescribed  in  the  act,  as  Mr.  Choate  seems  to  have 
erroneously  supposed,  but  will  fill  up  and  develope  that  very 
plan,  of  which  only  some  of  the  outlines  were  sketched  in 
the  law. 

It  would  be  impracticable,  within  the  limits  proper  to  this 
report,  to  go  into  the  examination  of  the  minute  outline  of 
organization  of  the  institution  submitted  to  the  Board  of 
Eegents  by  the  secretary,  and  approved  by  them.  It  will 
be  found  printed  in  detail  in  the  appendix  to  the  eighth 
annual  report  of  the  Smithsonian  Institution,  published  by 
Congress  in  1854. 

A  brief  notice  of  the  plan  and  of  its  results  is  all  that  we 
can  here  present. 

The  object  of  the  plan  is,  first:  To  increase  knowledge 
by  stimulating  original  research  by  the  rapid  and  full  pub- 
lication of  results;  by  aid  in  procuring  the  materials  and 
appliances  for  investigation;  and,  if  necessary,  by  direct 
rewards. 

Experience  has  shown  that  no  other  means  are  so  effective 
in  stimulating  research  as  the  rapid  publication  of  results; 
not  in  a  stinted  form  of  abstract,  and  without  illustrations, 
(too  often  the  necessary  condition  of  the  publication  of  scien- 
tific labors,)  but  in  full,  with  illustrations  drawn,  engraved, 


THIRTY-THIRD   CONGRESS,    1853-55.  617 

and  printed  in  the  best  style  of  art.  How  many  investiga- 
tions are  stopped  for  the  want  of  instruments,  of  specimens, 
and  general  appliances  for  research?  How  many  are  laid 
aside,  because,  first  of  all,  men  must  live?  What  more 
noble  or  useful  object  for  the  Smithsonian  Institution  than 
to  remove  these  difficulties  from  the  path  of  genius  ?  What 
more  consonant  to  the  intention  of  the  founder :  An  expe- 
dition is  setting  out,  and  instruments  are  required  to  investi- 
gate the  magnetism  of  the  earth,  the  temperature  of  the 
ocean,  the  climate,  soil,  and  productions  of  places  explored, 
their  latitudes  and  longitudes,  heights,  &c.  These  instru- 
ments are  lent  or  furnished  by  the  Smithsonian  Institution, 
and  the  results  obtained  with  them  become  public  property. 
Means  are  furnished  to  explorers  to  make  collections  of 
minerals  and  ores;  of  plants  and  animals;  of  fishes,  reptiles, 
and  insects;  and  to  provide  for  their  transportation  from 
the  field.  These  collections  are  submitted  to  the  most  suc- 
cessful cultivators  of  the  branches  of  science  to  which  they 
belong;  to  men  who  have  made  these  objects  their  especial 
study,  and  their  investigations  are  made  public.  The  speci- 
mens are  returned  to  the  Smithsonian  collections  to  be  taken 
care  of,  and,  perhaps,  to  be  re-examined  at  some  more  ad- 
vanced period.  By  these  and  similar  modes  research  is  stimu- 
lated. The  provision  of  meteorological  instruments,  and  of 
instructions  for  their  use;  the  collections  of  the  observations 
made,  and  their  comparisons,  have  already  furnished  most 
important  information  in  regard  to  the  climate  and  storms  of 
the  United  States,  and  the  full  publication  of  the  results  will 
enable  men  of  science,  of  this  and  other  countries,  to  draw 
from  these  materials  most  valuable  inferences  and  laws. 

2.  To  diffuse  knowledge,  by  the  publication  of  the  contribu- 
tions, from  researches  and  explorations,  of  reports  on  treatises 
on  different  subjects  or  branches  of  science  and  its  applica- 
tion, of  reports  showing  the  history  and  progress  of  these 
subjects  or  branches,  is  the  second  object  of  the  "  active 
operations."  These  publications  diffuse  among  men  the 
knowledge  obtained  by  the  agency  of  the  institution,  or  from 
without.  The  subjects  which  have  been  already  embraced 
in  the  Smithsonian  Contributions,  and  in  the  different  volumes 
of  reports,  &c.,  have  been  numerous  and  well  distributed 
among  the  various  branches  of  knowledge,  the  abstract  and 
the  practical.  The  publications  are  widely  scattered  among 
the  institutions  of  this  and  of  other  countries,  given  to  them 
or  exchanged  for  their  proceedings,  transactions,  or  other 
publications,  and  accessible  at  moderate  rates  to  individuals. 
Of  the  impression  made  abroad  by  the  Smithsonian  Contri- 


618  .CONGRESSIONAL    PROCEEDIN      . 

b.utions  to  Knowledge  the  learned  Professor  of  Greek  of 
Harvard  University  [C.  C.  Felton]  thus  speaks : 

"  CAMBRIDGE,  MASS.,  June  30,  1854. 

"  I  have  but  recently  returned  from  Europe,  and  I  now  desire  to  ac- 
knowledge the  service  you  did  me  by  your  circular  letter  of  introduction 
to  the  librarians  of  the  European  establishments,  which  are  in  correspond- 
ence with  the  Smithsonian  Institution.  Wherever  I  presented  it  I  was 
received  with  great  kindness  and  attention,  and  had  the  opportunity  of 
seeing  whatever  was  curious,  interesting,  and  valuable,  in  the  libraries  and 
collections. 

"  It  gave  me  pleasure  to  notice  the  high  estimation  in  which  the  Smith- 
sonian Institution,  under  its  present  management,  is  held  everywhere  in 
Europe.  The  volumes  published  under  its  auspices  have  done  the  highest 
honor  to  American  science,  and  are  considered  most  valuable  contribution- 
to  the  stock  of  knowledge  among  men.  They  are  shown  to  visitor-  :i- 
among  the  most  creditable  publications  of  the  age,  and  as  highly  interest- 
ing illustrations  of  the  progress  of  science  and  the  arts  in  the  Unitrd 
States  ;  and  the  eagerness  to  possess  them  is  very  great  among  the  savans 
of  the  Old  World.  They  were  shown  to  me  wherever  I  \\vnt,  and  the 
commendations  bestowed  on  the  civilization  of  America,  as  evinced  by  the 
excellence  of  these  works,  both  in  matter  and  form,  was  deeply  gratifying 
to  me.  The  last  time  I  had  an  opportunity  of  seeing  them  was  in  the  uni- 
versity library  at  Athens;  the  librarian  pointed  them  out  to  mo, .and  ex- 
pressed the  greatest  anxiety  to  complete  the  set,  one  or  two  volumes  or 
which  were  wantrng." 

.The  publications  tlms  approved  bring  to  the  Smithsonian 
Institution  a  return  of  works  published  by  the  learned  soci- 
eties of  the  world  and  by  governments  such  us  could  not  he 
procured  in  any  other  way,  supplying  the  library  with  rich 
productions  of  both  literature  and  science.  The  gradual 
formation  of  a  valuable  library  would  result  from  this 
system  of  international  exchanges  even  without  direct  pur- 
chase. 

The  programme  of  organization  of  the  institution  and 
its  execution  have  met  with  the  unqualified  support  of  a 
very  large  majority  of  the  scientific  and  literary  men  of 
our  country,  expressed  individually  or  in  the  associations  of 
which  they  are  members.  This  is  general  throughout  the 
Union,  and  from  no  quarter  have  more  decidedly  favorable 
opinions  been  expressed  than  from  that  to  which  the  regent 
at  whose  instance  this  investigation  has  been  made  (Mr. 
Choate)  belongs.  The  committee  must  necessarily  be  brief  in 
its  selections  from  the  numerous  letters  and  other  commu- 
nications before  it.  In  speaking  of  the  general  considera- 
tions proposed  by  Professor  Henry  as  guides  in  adopting  a 
plan  of  organization,  a  committee  "of  the  American  Acad- 
emy of  Arts  and  Sciences  of  Boston,  say,  that  "  they  com- 
mand the  entire  assent  of  the  committee,''  and  proceed  to 
discuss  favorably  the  various  provisions  for  the  increase  and 
diffusion  of  knowledge  furnished  by  the  programme.  This 


THIRTY-THIRD   CONGRESS,   1853-55.  619* 

committee  consisted  of  such  scholars  as  Everett,  Sparks.. 
and  Longfellow,  and  such  .men  of  science  as  Peirce  and 

Since  the  appointment  of  this  committee  Professor  Peirce,. 
of  Harvard  University,  has  renewed  his  testimony  to  the 
wisdom  of  the  plan  of  organization,  and  has  spoken  further 
in  relation  to  the  efficiency  of  its  execution.  In  a  letter 
addressed  to  the  chairman  of  this  committee,  he  says  : 

"  Of  all  men,  none  can  be  more  sensible  of  the  value  of  the  great  store- 
houses of  the  wisdom  of  past  ages  than  they  who  are  obliged  to  resort  to 
them  in  the  development  of  their  own  researches.  The  knowledge  which 
has  already  been  given  to  the  world,  and  which  is  accumulated  in  the  li  brary, 
stimulates  and  invigorates  the  mind  for  original  thoughts  and  supp  h< 
portant  materials  for  investigation  ;  it  is  to  the  author  what  the  collection 
of  models  in  the  Patent  Office  is  to  the  inventor  ;  but,  nevertheless,  the  in- 
crease of  knowledge  depends  chiefly  upon  the  native  vigor  of  intellect  ai 
Us  diffusion  is  performed  by  the  press.  To  the  strong  mind  the  collec  ions 
of  the  Vatican  are  a  golden  opportunity,  richer  than  the  mineral  harvest 
of  California;  but  not  richer  than  the  hills  and  streams  which  abound 
withfn  every  man's  sight  ;  not  richer  than  the  stone  beneath  our  feet  on 
which  is  written  the  history  of  the  world  ;  than  the  leaf  of  the  forest  on 
which  is  inscribed  the  thought  of  its  Creator;  or  than  the  cloud  in  the 
Hghtning8  of  whlcb  the  law?  and  the  glory  of  God  are  as  distinctly  re- 
yfaled  to  the  faithful  of  the  present  generation  as  they  were  upon  Mount 

The  valuable  contributions  to  knowledge  which  have  already  been  made 


i 


Snalitv  of  thought.  Do  you  believe  that  Smithson,  who  was  him- 
Sf  en|ugead  Vn  chemicJl  investigations,  could  have  intended  a  library  by 
his  words  ••  an  institution  for  the  increase  and  diffus  on  ^nowledge 
nmonir  men  ?"  If  you  will  examine  his  nine  memoirs  to  the  Koyal  feociety, 

of  Smithson's  will  and  the  law  of  Congress. 


620  CONGRESSIONAL    PROCEEDINGS. 

committee,  the  strongest  expression  of  his  favorable  opinion 
of  the  working  of  the  institution.  The  committee  has  space 
here  only  for  an  extract  from  the  letter  referred  to  : 

"  Smitbson  had  already  made  his  will  and  left  his  fortune  to  the  Royal 
Society  of  London,  when  certain  scientific  papers  were  offered  to  that 
learned  body  for  publication.  Notwithstanding  his  efforts  to  have  them 
published  in  their  Transactions,  they  were  refused  ;  upon  which  he  changed 
his  will  and  made  his  bequest  to  the  United  States.  It  would  be  easy  to 
collect  in  London  more  minute  information  upon  this  occurrence,  and 
should  it  appear  desirable,  I  think  I  could  put  the  committee  in  the  way  of 
learning  all  the  circumstances.  Nothing  seems  to  me  to  indicate  more 
plainly  what  were  the  testator's  views  respecting  the  best  means  of  promot- 
ing science  than  this  fact.  I  will  not  deny  the  great  importance  of  libra- 
ries, and  no  one  has  felt  more  keenly  the  want  of  an  extensive  scientific 
library  than  I  have  since  I  have  been  in  the  United  States;  but  after  nil, 
libraries  are  only  tools  of  a  secondary  value  to  those  who  are  really  en- 
•  dowed  by  nature  with  the  power  of  making  original  researches,  and  thus 
increasing  knowledge  among  men.  And  though  the  absence  or  deficiency 
of  libraries  is  nowhere  so  deeply  felt  as  in  America,  the  application  of  the 
funds  of  the  Smithsonian  Institution  to  the  formation  of  a  library,  beyond 
the  requirements  of  the  daily  progress  of  science,  would  only  be,  in  my 
humble  opinion,  a  perversion  of  the  real  object  of  the  trust,  inasmuch  as  it 
would  tend  to  secure  facilities  only  to  the  comparatively  small  number  of 
American  students  who  may  have  the  time  and  means  to  visit  Washington 
when  they  wish  to  consult  a  library.  Such  an  application  of  the  funds 
would  indeed  lessen  the  ability  of  the  Smithsonian  Institution  to  accom- 
plish its  great  object,  which  is  declared  by  its  founder  to  be  the  increase 
and  diffusion  of  knowledge  among  men,  to  the  lull  extent  to  which  they 
may  be  spent  to  increase  unduly  the  library. 

u  Moreover,  American  students  have  a  just  claim  upon  their  own  country 
for  such  local  facilities  as  the  accumulation  of  books  affords. 

u  It'  I  am  allowed,  in  conclusion,  to  state  my  personal  impression  respect- 
ing the  management  of  the  institution  thus  far,  I  would  only  express  my 
concurrence  with  the  plan  of  active  operations  adopted  by  the  regents, 
which  has  led  to  the  publication  of  a  series  of  volumes,  equal  in  scientific 
value  to  any  productions  of  the  same  kind  issued  by  learned  societies  any- 
where. 

u  The  distribution  of  the  Smithsonian  Contributions  to  Knowledge,  has 
already  carried  the  name  of  the  institution  to  all  parts  of  the  civilized 
world,  and  conveyed  with  them  such  evidence  of  the  intellectual  activity 
of  America  as  challenges  everywhere  admiration  ;  a  result  which  could 
hardly  be  obtained  by  applying  the  resources  of  the  institution  to  other 
, purposes." 

3.  Additional  legislation. 

From  what  has  been  already  said,  it  may  well  be  inferred 
that  the  committee  have  been  unable  to  see  anything  either 
in  the  provisions  of  the  law,  or  the  administration  of  the 
institution  which  requires  reform  by  additional  legislation. 
Indeed,  they  could  not  imagine  on  what  ground  additional 
legislation  could  be  demanded,  if  they  had  not  been  in- 
formed by  the  lion.  Mr.  Meacham,  who  presented  the  reso- 
lution under  which  the  committee  was  appointed.  That 
gentleman  was  invited  to  attend  the  meetings  of  the  com- 
mittee, was  authorized  to  present  charges  and  specifications 
aipon  any  branch  of  the  subject  referred  to  them,  as  also  to 


THIRTY-THIRD    CONGRESS,    1853-55.  621". 

direct  summons  for  witnesses,  and  to  conduct  the  examina- 
tion whenever  he  desired  to  do  so.  He  pointed  out  only 
two  particulars  as  requiring  additional  legislation. 

The  first  was,  "  that  additional  legislation  was  needed  to 
secure  impartiality  towards  authors  who  apply  for  the  pub- 
lication  of  their  researches."  No  instance  of  partiality  or 
injustice  in  this  respect  has  been  brought  to  the  notice  of 
the  committee  by  proof  or  by  allegation.  The  idea  seems 
to  have  been  advanced  for  the  first  time  by  one  of  the  as- 
sistants of  the  secretary,  (Mr.  Jewett,)  in  a  communication 
addressed  to  a  special  committee  of  the  regents  in  the  year 
1854. 

The  argument  there  made  by  Mr.  Jewett  has  been  abbre- 
viated by  Mr.  Meacham,  and  may  be  stated  as  objecting  that 
the  power  of  accepting  or  rejecting  a  memoir  presented  for 
publication  is  virtually  in  the  hands  of  one  man. 

The  practice  of  the  Eoyal  Society  of  London  is  stated  as 
being  far  preferable.  On  this  point  the  committee  would 
remark  that  the  same  plan  cannot  be  adopted  by  the  insti- 
tution because,  as  the  committee  has  been  informed,  it  has 
no  fellows  from  whom  an  examining  council  of  twenty-one 
members  may  be  selected.  And  if  the  plan  could  be 
adopted  the  committee  do  not  think  it  as  good  as  the  one 
which  the  regents  have  chosen.  In  the  present  state  of 
knowledge  the  several  branches  can  scarcely  be  represented 
by  twenty-one  individuals,  and  it  may  occur  in  case  of  a 
particular  paper  that  not  a  single  member  of  the  council  is 
fully  competent  to  decide  upon  its  merits.  The  institution 
is  not  thus  restricted  ;  it  has  at  its  command  the  learning 
of  the  whole  country,  and  is  not  even  confined  in  its  choice 
of  examiners  to  men  of  science  at  home,  but  can  select 
them  from  distinguished  individuals  abroad. 

The  rules  adopted  by  the  regents  are  in  this  respect  few 
and  simple,  and  in  the  opinion  of  the  committee  sufficient* 
They  have  provided  in  their  programme  of  organization  as 
follows : 

1st.  No  memoir,  on  subjects  of  physical  science,  to  be 
accepted  for  publication  which  does  not  furnish  a  positive 
addition  to  human  knowledge,  resting  on  original  research; 
and  all  unverified  speculations  to  be  rejected. 

2d.  Each  memoir  presented  to  the  institution  to  be  sub- 
mitted for  examination  to  a  commission  of  persons  of  repu- 
tation for  learning  in  the  branch  to  which  the  memoir  per- 
tains; and  to  be  accepted  for  publication  only  in  case  the 
report  of  this  commission  is  favorable. 

3d.  The  commission  to  be  chosen  by  the  officers  of  the- 


<(322  CONGRESSIONAL    PROCEEDINGS. 

institution,  and  the  name  of  the  author,  as  far  as  practicable 
concealed,  unless  a  favorable  decision  be  made. 

It  will  be  perceived  that  there  is  nothing  like  a  "  star 
chamber  of  science"  in  this  part  of  the  plan  of  the  institu- 
tion. The  opinion  of  the  commission  is  formed  upon  the 
merits  of  the  work  or  paper,  and  cannot  be  affected  by  par- 
tiality for  or  prejudice  against  the  author  whose  name 'is  un- 
known to  them. 

If  any  author  should  feel  himself  aggrieved  by  the  ap- 
pointment of  an  incompetent  or  prejudiced  commission,  he 
will  have  no  difficulty  in  presenting  a  complaint  to  the 
Board  of  Regents,  by  whom  another  commission  may  be 
-named.  In  fact,  no  well-founded  complaint  on  this  sco™ 
has  yet  been  made  so  far  as  has  been  shown  to  this  commit- 
tee, and  the  danger  complained  of  seems  to  them  only 
speculative  and  fanciful.  The  Board  of  Iiegcnts  have  full 
power  to  remedy  whatever  may  be  wrong  in  the  practical 
working  of  this  part  of  the  plan,  and  it  will  be  time  enough 
to  ask  the  interference  of  Congress  when  the  evils  which 
are  now  only  conjectural  shall  be  realized. 

2d.  Mr.  Meacham  suggests,  "that  the  institution  should 
•be  placed  in  such  a  position  that  legal  redress  may  be 
gained  by  those  who  are  improperly  deprived  of  their 
rights." 

It  is  true  that  the  institution  is  not  a  corporation  capable 
of  suing  or  being  sued.  But  no  practical  evils  have  a*  yet 
resulted  from  the  refusal  of  Congress  to  make  the  cstab- 
ment  an  incorporation.  It  is  a  peculiar  establishment.  Its 
operations  are  simple  and  few.  Its  contracts  are  such  us 
<jan  seldom  form  the  subject  of  controversy.  If  the  institu- 
tion should  find  necessity  for  legal  redress,  there  is  nothing 
to  prevent  the  President,  who  is  a  member  of  the  establish- 
ment, from  directing  a  suit  in  the  name  of  the  United 
States.  If  it  denies  legal  rights  to  any  officer  or  other  per- 
son, the  same  remedy  exists  as  in  any  other  case  of  claim 
against  the  United  States.  No  instance  of  a  denial  of  legal 
right  has  been  shown  to  the  committee.  An  attempt  to  do 
so  was  indeed  made  on  the  part  of  an  employee  of  the  insti- 
tution, who  claimed  to  be  entitled  to  larger  compensation 
than  had  been  paid  to  him.  But  the  attempt  was  a  signal 
failure.  His  own  receipts  contradicted  his  claims,  and  "sat- 
isfied the  committee  that  he  had  been  paid  all  he  could 
legally  demand;  and  the  assertion  of  extraordinary  merit  in 
his  labors,  alleged  as  an  equitable  ground  of  claim,  failed 
when  a  resort  was  had  to  testimony  other  than  his  own. 


THIRTY-THIRD    CONGRESS,    1853-55.  623 

The  committee  therefore  conclude  that  there  is  no  neces- 
sity for  additional  legislation. 

4.  Maladministration. 

The  tirst  of  Mr.  Meacham's  complaints  under  this  head  is 
"that  the  regents  have  made  the  secretary  the  organ  of 
communication  between  them  and  the  other  officers  of  the 
institution,  cutting  off  other  officers  from  direct  official  in- 
tercourse with  the  board,  neglecting  or  refusing  to  procure 
or  make  by-laws  defining  the  position  and  power  of  persons 
employed  in  the  institution,  and  expressing  the  opinion  that 
all  the  assistants  are  removable  at  the  pleasure  of  the  sec- 
retary." 

This  complaint  seems  to  be  founded  on  an  entire  misapr 
prehension  of  the  act  of  Congress  creating  the  institution, 
and  the  proper  relations  of  the  secretary  and  his  subordir 
nates.  ^  By  the  act  of  Congress  the  secretary  is  the  sole 
administrative  officer  of  the  institution.  The  other  officers 
are  not  only  his  subordinates,  but  are  nothing  more  than 
.his  assistants,  who  are  employed  to  assist  him  in  his  duties 
because  it  is  physically  impossible  for  him  to  perform  all 
of  these  duties  himself.  The  law  charges  the  secretary 
alone  with  the  duties  enumerated,  and  therefore  devolves 
upon  him  the  sole  responsibility,  unless  when  it  is  shared 
with  the  executive  committee  of  the  regents,  whose  func- 
tions are  not  precisely  defined  in  the  law,  but  who  act  as  a 
board  of  control  or  council  to  the  secretary.  We  adopt  on 
this  subject  the  reasoning  of  the  special  committee  of  the 
Board  of  Eegents,  in  their  report  of  the  20th  of  May  last,  as 
follows  : 

u  The  law  is  declaratory  and  positive  in  charging  the  secretary  with  the 
.enumerated  duties,  and  therefore  invests  him,  and  him  alone,  with  the  cor- 
responding powers.  But  as  it  must  have  been  manifest  that  no  secretary 
could  be  able  of  himself  to  perform  personally  everything  required  for  the 
discharge  of  his  enumerated  duties,  provision  is  made  for  aid  to  him  in  the 
clause  which  says  that  he  '  may,  with  the  consent  of  the  board,  employ  as- 
sistants,' &c. 

"  The  positions  of  the  persons  so  employed  are  determined  by  the  word 
which  designates  them  in  the  clause  authorizing  their  employment.  They 
are  called  'assistants.'  To  whom?  Not  to  the  regents,  but  to  the  secre- 
tary. Their  position  is  necessarily  subordinate ;  and,  as  their  duties  are 
those  of  assistants  to  their  principal,  they  can  no  more  be  independent  of 
him  than  they  can  be  superior  to  him.  This  construction  is  so  manifestly 
proper  that  it  would  seem  to  require  no  argument  to  justify  it.  But  if 
anything  further  were  wanted,  it  may  be  found  in  the  fact  that  the  secre- 
tary is  to  employ  them  in  and  about  that  very  business  with  which  he  is 
charged,  and  for  which  he  alone  is  responsible.  The  character  of  this  part 
of  the  section  is  permissive.  He  is  not  required  to  emploj*  any  one,  but  is 
permitted  to  employ  persons  to  assist  him,  provided  he  satisfy  the  board 
that  their  services  are  necessary  as  aids  to  him. 

"  In  another  part  of  the  same  section  provision  is  made  for  the  payment 
and,  if  need  be,  the  removal  of  the  secretary  and  his  assistants,  and  in  thii 


624  CONGRESSIONAL    PROCEEDINGS. 

connection  they  are  spoken  of  as  officers,  but  by  no  ingenuity  of  construc- 
tion can  that  word,  in  this  connection,  be  held  to  assign  them  special  duties, 
or  confer  any  separate  authority. 

"  Thus  careful  has  Congress  been  to  provide  an  efficient  system  of  opera- 
tions, which  can  only  come  from  harmony  of  purpose  and  unity  of  action. 

"This  view  of  the  intention  of  Congress,  so  clearly  expressed  in  the  law, 
would  be  directly  contradicted  by  the  plan  which  has  been  suggested,  of 
organizing  the  institution  definitely  into  several  departments,  placing  at 
the  head  of  these  departments  different  assistants,  establishing  their  rela- 
tive positions,  prescribing  distinct  duties  for  them,  assigning  certain  shares 
of  the  income  to  be  disbursed  by  them,  and  stating  their  authority,  priv- 
ileges, and  remedies  for  infringement  of  their  official  rights,  or  of  the  inter- 
ests intrusted  to  their  care.  All  this  would  tend,  not  to  secure  a  loyal  and 
harmonious  co-operation,  to  a  common  end,  of  the  assistants  with  the 
secretary,  but  to  encourage  rivalry,  to  invite  collision,  to  engender  hostility, 
to  destroy  subordination,  to  distract  the  operations  of  the  institution,  to 
impair  its  efficiency,  and  to  destroy  its  usefulness." 

This  view  of  the  question  has  been  made  very  clear  to  the 
committee  in  the  course  of  the  examination  which  they  have 
made,  and  by  the  testimony  taken  tor  the  purpose  of  sup- 
porting Mr.  Meacham's  charges.  All  the  difficulties  in  the 
institution  which  have  resulted  in  the  dismissal  by  the  sec- 
retary of  one  of  his  assistants  and  of  a  person  temporarily 
employed  upon  the  meteorological  computations*  seem  to 
have  arisen  from  the  desire  of  independent  positions,  en- 
gendering rivalry  and  hostility,  producing  collisions  and 
insubordination  utterly  incompatible  with  the  proper  au- 
thority of  the  secretary  and  the  harmonious  action  so  neces- 
sary to  the  welfare  of  the  institution.  The  tacts  developed 
in  regard  to  those  difficulties  entirely  satisfy  your  committee 
that  it  is  not  desirable  to  have  such  by-laws  as  Mr.  Meachani 
thinks  the  regents  should  have  made  or  procured. 

If  any  just  cause  of  complaint  by  the  assistants  against  the 
secretary  should  arise,  they  can  at  all  times  resort  for  redress 
to  the  regents,  by  memorial  or  other  proper  form  of  appli- 
cation, and  the  patience  with  which  such  an  application, 
although  entirely  without  cause,  has  been  heard  by  the 
executive  committee,  to  which  it  was  referred,  and  con- 
sidered by  the  regents,  is  quite  sufficient  to  show  how  need- 
less for  the  purpose  any  by-laws  are. 

It  may  be  proper  to  say  that  the  only  section  of  the  law 
in  which  by-laws  are  mentioned  is  the  8th,  which  seems  to 
confer  the  power  of  enacting  them  upon  the  members  of 
the  establishment,  who  are  the  President  and  Vice  Presi- 
dent of  the  United  States,  the  members  of  the  Cabinet,  ex- 
cept the  Secretary  of  the  Interior,  (whose  Department  was 
not  created  at  the  date  of  the  act,)  the  Chief  Justice  of  the 
United  States,  the  Commissioner  of  Patents,  and  the  mayor 
of  Washington,  with  "  such  other  persons  as  they  may  elect 
honorary  members . ' ' 


THIRTY-THIRD    CONGRESS,    1853-55.  625 

The  regents  have  expressed  the  opinion  that  the  secre- 
tary has  power  to  remove  the  assistants.  This  opinion  is 
expressed  in  the  following  resolution,  adopted  in  July  last: 

Be  it  resolved,  That  while  power  is  reserved  in  the  said  (7th)  section  to 
the  Board  of  Regents  to  remove  both  the  secretary  and  his  assistants,  in  the 
opinion  of  the  board  power,  nevertheless,  remains  with  the  secretary  to  re- 
move his  said  assistants. 

In  this  opinion  the  Chief  Justice  of  the  United  States  and 
Mr.  Berrien, who  were  absent  when  the  resolution  was  passed, 
afterwards  expressed  their  full  concurrence. 

The  committee  cannot  doubt  that  it  was  a  sound  opinion. 
The  law,  as  before  stated,  makes  the  secretary  the  sole  ad- 
ministrative officer  of  the  institution.  He,  and  he  alone,  is 
keeper  of  the  museum  and  librarian.  The  law  puts  all  the 
property  of  the  Institution  into  his  charge,  and  authorizes  him 
alone  to  appoint  assistants  to  aid  him  in  the  discharge  of  the 
duties  devolved  upon  him.  Had  the  act  made  no  further 
provision  on  this  head,  there  could  not  be  a  doubt  that  the 
power  of  removal  would  be  in  him;  because  it  is  an  estab- 
lished principle,  that  when  the  power  to  appoint  is  conferred, 
the  power  of  removal  is  incident  to  it,  unless  restrained  by 
some  other  provision.  There  is  another  clause  in  the  same 
section  (7th)  which  applies  as  well  to  the  secretar}'  as  to  his 
assistants,  which  provides  that  "the  said  officers  shall  be  re- 
movable by  the  Board  of  Regents,  whenever,  in  their  judg- 
ment, the  interests  of  the  institution  require  any  of  the  said 
officers  to  be  changed." 

Under  this  clause,  the  question  arises,  whether  it  restrains 
the  incidental  power  of  the  secretary  to  remove,  or  whether, 
in  addition  to  that  incidental  power,  it  gives  as  regards  the 
assistants,  the  authority  of  the  board  to  make  such  removal. 
Your  committee  think  the  latter  the  sound  construction. 
It  does  not  restrain  the  power  of  the  Secretary  by  express 
words  or  by  necessary  implication.  It  is  true  that  the 
clause  gives  to  the  board  superior  power,  inasmuch  as  they 
may  remove  an  assistant  without  the  concurrence  of  the 
secretary,  and  even  against  his  wish;  but  this  power  may 
well  exist  without  conflict  with  the  incidental  authority  of 
the  secretary.  The  same  reasons  which  cause  the  secretary 
to  be  invested  with  authority  to  appoint,  justify  and  require 
his  power  to  remove.  The  Hon.  George  M.  Dallas,  late 
Vice-President  of  the  United  States,  and  Chancellor  of  the 
institution  adopts  this  view,  and,  in  an  opinion  upon  this 
subject,  says  : 

It  is  clear  that  the  act  of  Congress  does  not  confer  upon  the  Board  of 
Eegents  the  power  to  appoint  the  assistants  of  the  secretary,  and  for  reasons 

40 


626  CONGRESSIONAL    PROCEEDINGS. 

too  palpable  to  require  mention.  But  if  the  secretary  has  not  himself  under 
his  own  mere  motion  a  right  to  remove,  it  would  be 'impossible  to  imagine 
reasons  why  the  power  of  original  appointment  was  not  given  to  the  board. 
In  other  words,  the  reasons  which  excluded  the  board  from  appointing  are 
identically  the  reasons  which  preserve  to  the  secretary  the  power  of  remov- 
ing. It  mny,  perhaps,  render  it  more  perspicuous  to  add  that  these  reasons 
are  the  official  responsibilities  and  practical  personal  intercourse  of  the  sec- 
retary with  his  assistants. 

Besides,  it  is  very  evident  that  the  interests  of  the  insti- 
tution might  often  be  in  peril  if  the  power  of  removal  \\i  in- 
denied  to  the  secretary. 

The  Board  of  Regents  are  not  in  session  during  a  great 
part  of  the  year.  Many  of  them  reside  at  great  distances 
from  "Washington,  and  could  not  he  assembled  without 
much  inconvenience  to  themselves  and  heavy  expanse  to  the 
institution.  During  this  period  it  might  be  of  the  utim»>t 
importance  to  remove  an  unfaithful  assistant.  He  might 
cease  to  do  that  for  which  alone  he  was  appointed,  TO  assist 
the  secretary  in  the  affairs  of  the  institution.  lie  might  re- 
fuse to  deliver  up  to  the  secretary  the  property  of  the  insti- 
tution which  the  law  puts  in  his  charge,  lie  might  threaten 
and  intend  to  destroy  it,  might  treat  the  secretary  with  per- 
sonal indignity,  and  insult  and  defame  the  regents,  and 
spread  insubordination  throughout  the  institution.  For 
such  conduct  there  would  be  no  prompt  and  adequate 
remedy  unless  the  secretary  possessed  the  power  of  removal. 
One  case  of  this  kind  has  already  occurred.  A  person  in 
the  employment  of  .the  institution  has  refused  to  deliver  up 
certain  papers,  the  property  of  the  institution,  and  threat- 
ened to  destroy  them.  He  has  also  written  a  letter,  which 
was  published  over  his  own  signature  in  a  New  York  paper, 
vilifying  the  secretary  and  several  of  the  regents,  by  name, 
in  the  most  abusive  language.  For  this  and  other  causes 
during  the  last  recess  of  Congress  he  was  removed  by  the 
secretary,  and,  as  the  committee  cannot  doubt,  most  justly 
removed.  This  very  individual  was  the  principal  witness 
against  the  secretary  on  the  examination  before  your  com- 
mittee. 

We  think  that  the  resolution  of  the  regents,  above  quoted, 
while  maintaining  the  superior  authority  of  the  board, 
properly  asserted  the  power  of  the  secretary. 

Your  committee  regret  very  much  to  say  that  the  secre- 
tary was  also  justified  in  the  removal  of  Mr.  Jewett.  His 
removal  was  not  arbitrary,  unjust,  and  oppressive.  Mr. 
Jewett  is  a  man  of  talent  and  scholastic  attainments,  but  it 
is  evident,  from  his  own  testimony,  that  he  considered  him- 
self as  holding  an  antagonistic  position  to  the  secretary,  as 
"  having  charge  of  the  library,  and  being  considered  by  the 


THIRTY-THIRD    CONGRESS,    1853-55.  627 

public  as  the  representative  of  that  interest  in  the  institu- 
tion." He  construed  the  law  in  one  way ;  the  secretary 
construed  it  differently.  He  thought  and  said  that  it  would 
be  treachery  in  him  to  co-operate  with  the  secretary  accord- 
ing to  the  latter's  construction  of  the  law.  He  told  the  sec- 
retary, in  Effect,  that  if  he  attempted  to  annul  the  compro- 
mise in  the  way  he  proposed,  he  would  shake  the  institution 
to  its  centre.  It  is  evident  that  he  was  impatient  of  the  re- 
straints of  a  subordinate  position,  and  entertained  feelings 
towards  the  secretary  which  made  their  harmonious  co-op- 
eration impossible.  In  a  paper  which  he  submitted  to  the 
special  committee  of  the  regents  he  assailed  the  motives 
and  honor  of  the  secretary  and  criticised  harshly  and  un- 
necessarily the  reports  of  that  officer. 

So  the  special  committee  of  seven  regents,  with  one  ex- 
ception, reported  to  the  board,  declaring  that  this  paper  dis- 
closed feelings  of  excessive  hostility  and  insubordination. 
After  this,  it  wras  manifest  that  the  common  civilities  of  life 
could  not  be  exchanged  between  them,  and  the  interests  of 
the  institution  required  their  separation.  The  Board  of 
Regents  accordingly  passed  a  resolution,  in  January  last, 
approving  of  Mr.  Jewett's  removal. 

Mr.  Meacham  also  charged  the  secretary  with  claiming 
and  exercising  the  right  to  open  and  read  letters  directed  to 
his  subordinates.  The  evidence  satisfied  the  committee  that 
the  secretary  had  neither  claimed  nor  exercised  any  improper 
authority  in  this  respect.  He  expressly  disclaimed  any  de- 
sire or  authority  to  inspect  the  private  letters  of  his  subordi- 
nates. Their  correspondence,  in  regard  to  the  business  of 
the  institution,  he  properly  claimed  to  be  entitled  to  examine 
and  control.  In  the  absence  of  the  subordinates  he  did  con- 
sider himself  at  liberty  to  open  letters  addressed  to  them 
which  were  evidently  of  an  official  character;  but  it  does 
not  appear  that  he  actually  exercised  this  authority,  the 
claim  of  which  seems  to  have  been  misunderstood  by  one 
of  his  assistants,  and  grossly  perverted  by  another  person, 
under  the  influence  of  hostile  and  unjustly  suspicious  feelings. 

The  charge  of  denying  scientific  right  and  refusing  to  take 
full  measures  for  adjusting  the  claim  of  Mr.  Blodget  was 
•entirety  refuted,  both  by  documentary  evidence  and  the  testi- 
mony of  a  disinterested  party. 

These  latter  charges  of  maladministration  seemed  to  your 
committee  not  to  come  precisely  within  the  scope  of  the 
instructions  of  the  resolution  under  which  the  committee 
was  appointed.  The  Board  of  Regents  might  properly  have 
investigated  them,  and  undoubtedly  would  have  done  so  if 


628  CONGRESSIONAL    PROCEEDINGS. 

asked  by  the  parties  concerned.  But  as  testimony  was  taken 
in  relation  to  them,  the  committee  feel  bound  to  say  that 
they  have  not  been  sustained,  and  that  they  consider  the 
secretary  as  entirely  relieved  from  the  charge  of  maladmin- 
istration in  every  particular.  They  believe  that  the  regents 
and  the  secretary  have  managed  the  affairs  of  the  institution 
wisely,  faithfully,  and  judiciously ;  that  there  is  no  necessity 
for  further  legislation  on  the  subject;  that  if  the  institution 
be  allowed  to  continue  the  plan  which  has  been  adopted, 
and  so  far  pursued  with  unquestionable  success,  it  will  satisfy 
all  the  requirements  of  the  law,  and  the  purposes  of  Smith- 
son's  will,  by  "increasing  and  diffusing  knowledge  among 
men." 

Mr.  UPHAM.  I  would  now  ask  the  unanimous  consent  of 
the  House  for  leave  to  introduce  and  have  passed  a  resolu- 
tion authorizing  the  payment  of  the  clerk  of  that  select  com- 
mitte  for  the  time  during  which  he  has  been  employed. 

There  was  no  objection,  and  the  resolution  was  reported, 
as  follows : 

Resolved,  That  the  select  committee  of  the  House  on  the  Smithsonian 
Institution  be  allowed  to  make  compensation,  at  the  usual  rate,  to  a  clerk 
for  the  period  of  his  services. 

The  question  was  taken,  and  the  resolution  was  passed. 

Mr.  ENGLISH.  Mr.  Speaker,  what  disposition  was  made 
of  the  annual  report  of  the  Board  of  Regents  of  the  Smith- 
sonian Institution?  Was  there  an  order  to  print? 

The  SPEAKER.  The  report  was  laid  upon  the  table,  and 
ordered  to  be  printed. 

Mr.  ENGLISH.  Has  there  been  a  motion  made  to  print 
the  usual  number  of  extra  copies? 

The  SPEAKER.  There  has  not;  but  that  motion  is  now  in 
order,  and  will  go  to  the  Committee  on  Printing. 

Mr.  ENGLISH.     I  submit  that  motion. 

The  proposition  for  the  printing  of  extra  copies  of  the 
report  was  referred  to  the  Committee  on  Printing. 

Mr.  RUSSELL.  I  am  instructed  by  the  Committee  on  Print- 
ing to  offer  the  following  resolution  : 

Resolved,  That  there  be  printed  6,000  extra  copies  of  the  annual  report 
of  the  Smithsonian  Institution — 4,000  for  the  use  of  members,  and  2,000 
for  the  Institution. 

The  resolution  was  adopted. 

The  House  having  gone  into  the  Committee  of  the  Whole 
on  the  state  of  the  Union — 


THIRTY-THIRD    CONGRESS,    1853-55.  629 

Mr.  JAMES  MEACHAM,  of  Vermont,  said : 

Mr.  Chairman :  It  was  not  my  intention  to  offer  any  re- 
marks during  this  session  with  reference  to  the  Smithsonian 
Institution.  After  mature  deliberation  and  consultation 
with  judicious  friends  of  learning,  I  came  to  the  conclusion 
that  the  affairs  of  that  establishment  required  investigation. 
I  proposed  the  matter  to  this  House.  They  sustained  the 
proposition,  and  appointed  a  special  committee  of  inquiry. 
To  them  I  hoped  the  matter  would  be  left  till  their  report 
should  be  presented.  I  believed,  sir,  that  in  the  hands  of  a 
select  committee  of  this  House,  the  interests  of  literature 
and  science  connected  with  the  Smithsonian  Institution 
would  be  safe. 

But  the  unexpected  course  of  the  gentleman  from  Indi- 
ana, [Mr.  English,]  in  stepping  forward  to  eulogize  the 
institution  before  it  had  been  attacked  here,  seems  to  re- 
quire me  briefly  to  explain  and  defend  my  position.  For 
such  explanation  and  defence,  I  may,  in  the  main,  rely  on 
the  able  and  important  report  presented  by  the  select  com- 
mittee, which,  for  that  purpose,  I  propose,  in  substance,  to 
insert  in  my  speech,  confining  my  own  remarks  to  some 
topics  not  alluded  to  by  the  committee. 

The  gentleman  from  Indiana,  and  some  others,  seem  dis- 
posed to  view  this  investigation  as  indicating  deliberate 
hostility ;  as  intended  to  give  "  to  the  disappointed  and  dis- 
satisfied an  opportunity  of  assailing  the  institution  at  the 
public  expense;"  as  manifesting  disrespect  to  the  distin- 
guished and  honored  gentlemen  concerned  in  conducting 
its  affairs,  particularly  by  clothing  this  committee  with 
power  to  send  for  persons  and  papers.  Sir,  I  do  not  yield 
to  the  honorable  gentlemen  in  my  sincere  attachment  to  the 
cause  of  knowledge,  whether  in  the  form  of  literature  or  of 
science.  But  the  very  devotion  which  I  feel,  leads  me  to 
wish  to  keep  its  fountains  clean.  I  would  not  willingly  lend 
myself  to  the  aid  of  wanton  and  wicked  assaults,  nor  is  it  to 
be  supposed  that  this  committee  would  be  less  scrupulous; 
but  I  believe  that  "  the  disappointed  and  dissatisfied"  may 
sometimes  deserve,  or  need,  protection  and  redrew.  I  would 
not  be  wanting  in  respect  for  men  in  exalted  positions ;  but 
I  know  that  under  the  authority  of  the  purest  and  most  ele- 
vated, abuses  may  arise,  and  require  investigation,  though 
not  the  imputation  of  individual  blame.  I  am  not  the  first 
member  of  the  Board  of  Regents  who  has  believed  that  the 
institution  had  departed  from  the  course  marked  out  for  it 
by  Congress.  One  who  had  a  large  share  in  shaping  its 
-charter,  Within  the  first  three  years  of  its  history  declared 


630  CONGRESSIONAL    PROCEEDINGS. 

in  his  place  in  this  House,  that  he  "  believed  the  Board  ot 
Begents  would  be,  and  ought  to  have  been  long  since  made 
acquainted  with  its  direct"  responsibility  to  the  power  that 
had  created  it."  And  lately,  a  very  distinguished  member 
of  the  board  resigned  his  seat  in  consequence  of  his  convic- 
tion that  the  administration  of  the  institution  was  not  in 
accordance  with  the  law. 

In  this  country,  there  is  perhaps,  no  precedent  for  an  in- 
vestigation in  all  respects  like  this ;  simply  because,  before 
the  existence  of  the  Smithsonian  Institution,  there  had  not 
been,  under  the  direction  of  our  Government,  any  establish- 
ment for  the  promotion  of  knowledge  in  gem-nil.  But  we 
are  riot  at  a  loss  for  precedents.  The  British  Museum 
served  as  a  model  with  many  of  those  actively  engaged  in 
framing  the  charter  of  the  Smithsonian  Institution.  It  is 
under  Government  control.  During  the  last  twenty  years 
its  affairs  have  twice  been  made  the  subject  of  investigations 
by  select  committees  of  the  House  of  Commons,  and  once  by 
a  special  royal  commission.  The  committees  and  the  com- 
mission were  each  clothed  with  power  to  send  for  persons  and 
papers.  That  institution  was  under  the  management  of  the 
highest  dignitaries  and  the  first  noblemen  of  the  realm. 

In  the  debate  in  the  House  of  Commons  on  the  appoint- 
ment of  one  of  these  committees,  Mr.  Warburton  quoted  the 
complaints  of  Sir  Humphrey  Davy,  that  "there  must  be  a 
general  change  in  everything  belonging  to  the  Institution 
before  a  proper  system  of  radical  improvement  could  be 
affected;"  and  Mr.  Hume  declared  "  that  it  was  imperative 
on  the  gentlemen  connected  with  that  institution  to  defend 
themselves,  and  unless  they  make  a  good  defence,  it  would 
be  impossible  for  Parliament  to  allow  them  to  continue  in 
their  present  condition." 

Mr.  Chairman,  it  is  not  my  intention  to  follow  the  gen- 
tleman from  Indiana  through  his  remarks;  I  shall  confine 
itself  to  a  few  of  the  most  important  points.  The  gentle- 
man maintains  that  the  provisions  of  the  act  of  Congress 
have  been  observed.  This  is  the  main  issue  between  the 
two  parties  to  this  Smithsonian  controversy,  and  is  ably  dis- 
cussed in  the  report  of  the  select  committee. 

The  view  which  the  committee  have  taken  of  the  mean- 
ing of  the  law  was  that  of  the  first  regents,  fresh  from  their 
labors  in  framing  the  charter,  and  unbiased  by  influences 
subsequently  brought  to  bear  upon  them. 

On  the  second  day  of  their  first  session,  a  committee  was 
appointed  upon  the  clause  requiring  the  appropriation  for  a 
library,  and  instructed  "  to  prepare  a  report  upon  the  subject 


THIRTY-THIRD    CONGRESS,    1853-55.  631 

of  the  formation  of  such  a  library,  indicating  its  general 
character,"  &e. 

In  their  report  which  was  long  and  elaborate,  the  com- 
mittee say : 

"  They  see  in  the  language  of  the  act,  which  the  regents  are  created  to 
administer,  and  in  the  history  of  the  passage  of  that  act,  a  clear  intimation 
that  such  a  library  was  regarded  by  Congress  as  prominent  among  the  more 
important  means  of  increasing  and  diffusing  knowledge  among  men.  This 
intimation  they  think,  should  control  in  a  great  degree,  the  acts  of  the  re- 
gents. They  will  not,  however,  withhold  the  expression,  that  the  apparent 
policy  of  Congress  in  this  particular  is  marked  by  profound  wisdom,  that 
it  rests  on  a  right  construction  of  the  terms  and  an  enlarged  appreciation 
of  the  spirit  of  the  bequest." 

They  recommended  the  appropriation  of  $20,000  of  the 
income  "  for  the  present,"  to  the  library,  independent  of 
salaries,  and  this  recommendation  was  adopted.  I  pause  to  re- 
mark, that  if  this  resolution  had  been  carried  out,  we  should 
even  now,  have  much  the  largest  library  in  this  country.  It 
would  be  something  to  have,  to  see,  to  use,  to  grow.  And 
I  ask  you  to  place  beside  this  the  half  dozen  quarto,  and 
the  half  dozen  octavo  volumes  published  by  the  institution, 
and  tell  me  which  you  would  prefer?  Which  would  tend 
most  for  the  increase  and  diffusion  of  knowledge? 

Instead  of  this  library  what  have  we  ?  Why,  sir,  a  mea- 
ger collection  of  some  fourteen  thousand  volumes,  besides 
pamphlets,  &c.,  made  up  of  copyright  books,  imperfect 
sets  of  periodicals  and  publications  of  societies,  and  univer- 
sity theses — with  doubtless  a  good  proportion  of  important 
and  valuable  works.  But  the  whole  how  insignificant  in 
comparison  with  the  great  and  noble  design  !  We  have  heard 
it  stated  that  the  library  is  worth  $40,000.  This  is  a  pre- 
posterously exaggerated  estimate.  I  do  not  believe  that  an 
intelligent  bookseller  could  be  found  who  would  value  it 
at  a  third  of  the  sum !  If  the  value  of  the  museum  and 
apparatus  be  equally  exaggerated,  we  must  abate  largely 
from  the  vaunted  possessions  of  the  institution.  And  then, 
sir,  this  library  is  cramped  into  inconvenient  and  uncom- 
fortable quarters,  and  shut  up  from  the  public,  at  a  time,  too, 
when  there  is  an  unusual  concourse  of  people  at  the  Insti- 
tution. 

As  to  the  origin  of  the  present  difficulties,  1  particularly 
demur  to  the  statement  of  the  gentleman  from  Indiana. 
He  represents  the  question  to  have  been  whether  the  funds 
should  be  used  to  build  up  a  library  as  a  paramount  object, 
or  whether  they  should  be  applied,  not  only  for  a  library, 
but  for  such  other  purposes  as  the  regents  might  think 
would  best  accord  with  the  will  of  Smithson  and  the  act  of 


£32  CONGRESSIONAL    PROCEEDINGS. 

Congress.  Not  so,  sir.  The  present  difficulty  originated  in 
a  proposition  to  annul  the  "  COMPROMISE"  which  divided  the 
income  equally  between  the  library  and  the  museum  on  one 
part,  and  publications,  researches,  and  lectures  on  the  other ; 
for  the  purpose  of  giving  more  to  the  latter  department,  making 
that  a  paramount  and  controlling  interest. 

Let  me  briefly  explain  this  compromise. 

The  first  sense  of  the  regents  respecting  the  library,  was 
BOOH  contested  under  a  new  reading  of  the  law,  one  which 
made  the  section  authorizing  the  regents  to  dispose  of  the 
possible  surplus  or  residuum,  the  chief  clause  of  the  act, 
overriding  all  the  rest  and  overruling  all  other  details. 
Under  this  construction,  new  purposes  were  to  be  intro- 
duced; purposes  dissimilar  to  those  provided;  purposes 
which  had  been  proposed  to,  and  discussed  and  rejected  by 
Congress — namely,  the  publication  of  books,  and  the  insti- 
tuting of  scientific  researches. 

The  early  days  of  the  institution  seemed  likely  to  be  em- 
bittered by  controversy  resulting  from  this  new  movement ; 
but,  in  a  magnanimous  spirit  of  conciliation,  the  friends  of 
the  library  agreed  to  a  "  compromise"  dividing  the  inconu .-, 
after  the  building  should  be  completed,  equally  between  the 
library  and  museum  on  one  side,  and  publications,  researches 
and  lectures  on  the  other. 

The  friends  of  the  library  reconciled  their  course  with 
the  law  thus :  If  $^0,000  a  year  be  expended  for  books  dur- 
ing the  four  or  five  years  while  the  building  is  in  progress, 
we  shall  gather  a  considerable  library,  and  then  we  may  be 
justified  in  believing  that,  for  the  future,  the  share  that  will 
come  to  the  library  under  the  compromise,  may  be  consid- 
ered as  meeting  the  requirements  of  the  law;  the  friends 
of  the  scientific  scheme  will  be  propitiated,  and  perpetual 
harmony  secured. 

I  think,  sir,  that  they  strained  their  discretion  ;  but  they 
acted  in  the  spirit  of  conciliation,  worthy  of  a  fairer  requi- 
tal than  it  has  met. 

Let  this  matter  be  distinctly  understood.  The  friends  of 
the  library  did  not  begin  this  controversy.  They  held  to 
the  compromise,  and  asked  only  that  it  should  be  faithfully 
administered.  They  demanded  no  more  for  the  library  than 
it  was  entitled  to  under  the  compromise.  They  did  not  ask 
that  it  should  be  made  the  paramount  interest  (although 
some  of  us  believe  that  such  is  its  legal  position.)  We 
were  content  to  abide  by  the  compact;"  we  so  voted.  It 
'tt-as  the  proposition,  coming  from  the  advocates  of  the  pub- 
lication system,  to  annul  the  compromise,  and  reduce  the 


THIRTY-THIRD    CONGRESS,    1853-55.  633 

library  to  the  condition  of  a  mere  appendage  of  the  new 
purposes,  that  led  to  discussion,  and  finally,  through  much 
irritation,  to  our  present  position. 

We  are  not  in  anywise  responsible  for  these  difficulties. 
We  plant  ourselves  on  the  law.  For  the  sake  of  peace,  we 
Lave  been  willing  to  adhere  to  the  compromise.  We  have 
had  reason  to  raise  the  controversy  on  other  grounds,  for 
although  the  resolution  of  the  board  giving  $20,000  of  the 
income  to  the  library  was  not  repealed,  the  money  was 
withheld.  As  an  offset,  the  compromise  was  to  be  observed 
before  the  finishing  of  the  building.  We  think  it  was  not 
fairly  administered.  We  did  not,  however,  take  issue  on 
that  point,  but  only  on  the  formal  proposition  to  rescind. 

We  may  not  inaptly  retort  insinuations  of  illiberality. 
We  hold  to  the  law,  and  the  law  requires  a  universal 
library,  one  "  composed  of  valuable  works  in  all  depart- 
ments of  knowledge;"  one  for  the  man  of  science,  the 
artist,  the  mechanic,  the  historian,  the  scholar,  the  seeker 
of  knowledge  of  whatever  name ;  one  open  to  men  of  all 
States  and  all  nations.  But  we  are  called  upon  to  yield  up 
everything  to  men  of  science.  The  scientific  men  are  down 
upon  us,  as  if  their  craft  were  in  danger.  They  come  in 
societies,  and  as  individuals.  Smithson,  though  a  chemist, 
and  member  of  the  Royal  Societ}',  appears  to  have  been  a 
man  of  general  culture,  and  to  have  had  sympathy  for 
*'  knowledge"  without  any  restrictive  epithets.  By  consult- 
ing solely  the  wishes  of  one  particular  class  of  the  devotees 
of  knowledge,  who  cherish  only  what  is  called  science,  we 
should  limit  his  intentions, 

"And  give  up  to  party  what  was  meant  for  mankind." 

I  have  not  sought  letters  of  recommendation  for  the 
library  plan,  nor  have  others  for  me.  I  doubt  not  I  could 
have  obtained  thousands.  To  show  them  on  either  side 
seems  to  me  idle  parade.  We  doubt  not  that  librarians  in 
Athens  and  Paris  are  glad  to  get  handsome  books  from 
America,  and  are  ready  to  praise  them  before  our  traveling 
countrymen.  'Tis  polite  to  do  so.  We  doubt  not  that  sci- 
entific men  like  to  have  means  of  publishing  their  works, 
too  heavy  for  booksellers.  We  need  not  here  doubt  that  it 
may  sometimes  be  useful  to  publish,  gratuitously,  books 
that  people  do  not  care  enough  about  to  buy.  But  the 
question  here  is,  can  the  Smithsonian  Institution  lawfully 
•devote  itself  to  such  a  purpose  exclusively  or  principally  ! 

The  gentleman  from  Indiana  puts  prominently  forward 
the  fact  that  the  funds  of  the  institution  have  not  been 


634  CONGRESSIONAL   PROCEEDINGS. 

squandered.  This  seems  irrelevant,  for  it  had  not  been  so 
charged.  But  he  thinks  it  a  high  meed  of  praise  that  its 
capital  has  been  augmented.  If  the  object  of  the  institution 
were  the  increase  of  its  wealth,  this  would  indeed  be  just; 
cause  for  satisfaction.  But,  sir,  this  establishment  was  cre- 
ated, not  to  hoard  money,  not  to  speculate  upon  it,  not  to 
increase  its  income,  but  to  expend  money  "  for  the  increase 
and  diffusion  of  knowledge."  We  want  knowledge  more 
than  gold.  We  have  no  commission  to  accumulate  for 
future  benefit,  but  to  spend  for  continual  profit.  We  should 
remember, 

u  There  is  that  scattereth  and  yet  increaseth  ;  and  there  IB  that  withhold- 
eth  more  than  is  meet,  but  it  tendeth  to  poverty.1' 

It  is  asked,  if  Smithson  intended  a  library,  would  he  not 
-have  said  so?  I  reply  by  asking,  if  he  had  meant  a  learned 
society,  would  he  not  have  said  so?  lie  knew  all  about 
learned  societies,  and  seerns  to  have  become  dissatisfied 
with  them.  I  cannot  suppose  that  he  meant  to  indicate 
anything  in  particular  and  exclusicely ;  but  I  suppose  he  in- 
tended to  give  his  money  to  whatever  the  United  States,  in 
the  discretion  of  its  Government,  might  deem  (best  suited 
to  promote  his  general  purpose. 

For  one,  sir,  I  suppose  that  Smithson  regarded  the  foun- 
dation of  a  "  Smithsonian  Institution,"  from  his  property 
as  only  a  possibility.  Look  at  the  facts.  He  left  the  income 
of  his  property,  for  life,  to  a  nephew,  and  the  property 
"  absolutely  and  forever,"  to  the  descendants  of  the  nephew, 
if  he  had  any,  "  legitimate  or  illegitimate."  The  nephew 
was  a  young  man  leading  a  roving  life  in  France  and  Italy. 
What  was  the  chance  that  the  contingency  would  ever 
arrive  when  the  United  States  could  claim  the  legacy — that 
of  failure  of  descendants  of  the  nephew  ?  A  sentence  has 
been  quoted  from  one  of  his  papers  to  the  purport  that  his 
name  would  live  in  the  memories  of  men  when  the  titles  of 
the  Percy's  and  Northumberland's  were  extinct  or  forgot- 
ten, and  it  seems  to  be  inferred  that  he  was  then  think- 
ing of  this  institution.  But  it  is  altogether  more  likely  he 
was  thinking  of  the  articles  which  he  had  published  in  the 
Philosophical  Transactions.  Every  scientific  man  deems 
the  acceptance  of  his  articles  there  a  sure  passport  to  im- 
mortality; and  this  view  is  rendered  more  probable  by 
what  is  asserted,  that  he  took  such  offense  at  the  rejection 
of  one  of  his  papers  by  the  Royal  Society  as  to  change  his 
will.  But  I  do  not,  after  all,  see  the  applicability  of  "this; 
for  the  name  of  Smithson  would  be  as  much  attached  to  the 
Smithsonian  Institution,  and  live  with  it  as  long  and  as- 


THIRTY-THIRD    CONGRESS,    1853-55. 

honorably,  if  that  institution   becomes   what 
tended,  as  if  it  becomes  anything  else.     Is  not  the"  Brit' 
Museum  or  the  Bodleian  Library  as  well  known  as  any 
other  institution  in  the  world  ? 

To  the  phrase  "active  operations"  I  will  devote  a  passing 
word. 

The  publication  of  books  and  the  assumption  of  researches 
have  been  called  "active  operations,"  as  if  everything  else 
were  in  comparison  but  standstill.  I  should  have  liked  to 
see  activity  in  finishing  the  building,  and  in  filling  it  with 
the  stores  of  knowledge.  Active  operations  of  this  kind 
would  have  tended  "  to  stimulate  and  invigorate  the  mind 
for  original  thought,  and  supply  important  materials  for  in- 
vestigation," to  use  the  language  of  one  of  the  gentlemen 
who  has  been  quoted  to  show  that  anything  but  an  exclu- 
sive devotion  of  this  fund  to  science  is  a  "  gross  perversion" 
of  the  trust.  It  has  been  repeated  to  me  that  another  of 
these  gentlemen  was  in  the  habit  a  few  years  ago  of  saying, 
"you  can  do  nothing  for  science  in  this  country  till  you 
have  books — large  libraries" — and  this  he  said  in  special 
reference  to  the  Smithsonian  Library.  But  then,  sir,  the 
Smithsonian  question  had  not  become  one  of  physical  sci- 
ence versus  everything  else. 

One  gentleman  refers  to  the  great  Humboldt  as  not  the 
possessor  of  a  private  library.  But  he  had  constant  access 
to  the  Royal  Library  of  Berlin,  one  of  the  best  in  the 
world.  Now,  what  we  want  is  to  furnish  scientific  and  lit- 
erary men  in  this  country  with  such  public  facilities  for 
research,  that  they  will  not,  on  the  one  hand,  be  obliged  to 
expend  their  limited  means  in  buying  for  themselves,  nor, 
on  the  other,  abandon  their  researches  for  the  want  of  books. 
For  us,  this  case  of  Humboldt  is  remarkably  apropos. 

In  order  to  show  how  intensely  active  these  "  active  ope- 
rations" are,  the  gentleman  from  Indiana  has  quoted  a  long 
list  of  works  published  by  the  institution.  But,  sir,  you  will, 
probably,  be  surprised  to  learn,  that  with  the  exception  of 
a  few  octavo  pamphlets,  making  in  all  only  about  one  thou- 
sand pages,  the  first  six  titles  include  the  whole  that  follow.  The 
rest  are  merely  the  table  of  contents  of  the  first  six.  Six 
quarto  volumes,  making  less  than  three  thousand  pages  and 
about  enough  in  octavo  to  make  a  volume  of  one  thousand 
pages  exhibit  the  sum  and  substance  of  the  "  active  opera- 
tions" of  the  Smithsonian  Institution  for  eight  years — say 
five  hundred  pages,  great  and  small,  a  year. 

I  have  heard  "it  argued  that  the  "  active  operations"  are 
justifiable,  on  the  ground  that  Congress  ordained  a  labora- 


636  CONGRESSIONAL  PROCEEDINGS. 

tory,  that  a  laboratory  implies  researches,  and  researches 
must  be  published.  But,  sir,  I  have  looked  through  the 
Smithsonian  publications,  and  made  inquiries  with  the  view 
of  ascertaining  w*hat  results  they  contain,  procured  at  the 
Smithsonian  laboratory.  I  could  find  none.  I  asked  where 
are  the  Smithsonian  researches?  Where  are  the  "  new 
truths "  which  have  been  developed  at  the  Smithsonian  ? 
The  books  published  were  contributed  to  knowledge  by  the 
authors  who  wrote  them,  for  the  most  part  without  pay. 
The  Smithsonian  merely  published  them.  The  Smithsonian 
laboratory  is  next  to  nothing,  and  nothing  but  experiments 
and  illustrations  for  lectures  have  come  from  it,  as  yet,  so  far 
as  I  can  find. 

Now  these  operations  are  held  up  as  the  exponent  of 
American  activity  in  discovering  new  truths.  I  do  not  find 
any  very  efficacious  acticity ;  and  as  to  the  proportion  of 
absolutely  new  truths  due  directly  to  the  Smithsonian  among 
these  publications,  I  fear  they  would,  notwithstanding-  all 
the  talk  about  them, 

"Should  some  cold  critic  dare  to  melt  them  down, 
Roll  in  his  crucible  a  shapeless  mass, 
A  grain  of  gold  leaf  to  a  pound  of  brass." 

I  do  not,  sir,  by  any  means  object  to  these  publications, 
on  the  ground  that  they  do  not  contain  new  truths.  I  go  for 
truth,  old  or  ne\v  ;  but  1  object  to  the  holding  them  up  before 
the  world  as  the  measure  of  American  active  operations 
in  the  discovery  of  truth,  and  as  conveying  the  idea  that 
the  Smithsonian  Institution  is  the  great  active  truth-discover- 
ing engine  of  American  science.  The  idea  that  it  has  been 
eo,  or  would  become  so,  although  it  has  done  more  than  all 
else  to  encourage  the  present  course  of  the  institution,  is, 
in  my  opinion,  fallacious.  It  cannot,  I  think,  be  too  strongly 
represented  that  discoveries  are  not  made  by  direct  active 
operations  of  societies  anywhere,  but  by  the  active  operations 
of  individual  minds,  which  minds  may  be  in  various  ways 
brought  up  to  the  effort.  The  hope  of  reward  may,  indeed, 
serve  sometimes  as  a  stimulus;  but  I  believe  that  the  his- 
tory of  science  shows  that  such  rewards  are  generally 
valuable  as  rewards  rather  than  as  incentives.  The  hope 
of  having  results  published,  with  the  stamp  of  high  approval, 
may  operate  as  an  incentive  to  effort.  But  incentives,  es- 
pecially in  this  country,  are  less  needed  than  means  and 
aids;  and  a  library  is  one  of  the  most  effectual,  and  es- 
pecially in  this  country  the  most  needed,  as  a  means  and 
.aid  to  exertion  in  the  advancement  of  knowledge. 

Mr.  Chairman,  on  this  last  day  of  the  session,  I  have  not 


THIRTY-THIRD    CONGRESS,    1853-55.  637~ 

the  time  to  produce  the  multitude  of  considerations  which 
crowd  upon  me  on  this  subject,  but  I  am  happy  to  be  able 
to  present  those  most  important  in  the  lucid  argument  and 
appropriate  language  of  the  select  committee. 

(Mr.  MEACHAM  then  gives  copious  extracts  from  the  report 
of  Mr.  Upham,  the  whole  of  which  will  be  found  in  pre- 
ceding pages.) 

MR.  Jos.  R.  CHANDLER,  of  Penna.,  from  the  Select  Com- 
mittee to  inquire  into  the  expediency  of  withdrawing  from 
the  treasury  of  the  United  States  the  Smithsonian  fund, 
arid  investing  it  in  sound  stocks,  made  the  following  report  : 
That  immediately  after  the  appointment  of  a  committee 
the  chairman  addressed  a  letter  to  the  Secretary  of  the 
Treasury,  inquiring  into  the  history  and  present  state  of  the 
Smithsonian  fund.  To  that  letter  the  following  answer  was 
received : 

TREASURY  DEPARTMENT,  March  6,  1854. 

SIR  :  I  duly  received  your  letter  of  the  4th  of  January  last,  enclosing  a 
copy  of  the  following  resolution,  adopted  by  the  House  of  Kepresentatives 
on  the  3d  of  that  month  :  "Resolved,  That  a  select  committee,  consisting  of 
nine  members,  be  appointed  and  instructed  to  inquire  into  the  expediency 
of  withdrawing  from  the  treasury  of  the  United  States  the  Smithsonian 
fund,  and  investing  the  same  in  sound  stocks,  or  in  such  other  way  as  may 
be  to  the  interest  of  said  fund,"  and  requesting  a  statement  of  the  amount 
of  the  Smithsonian  fund  in  possession  of  the  department,  or  under  its 
control,  and  the  amount  of  interest  accruing  thereon,  with  any  other  infor- 
mation that  may  assist  the  committee  in  the  discharge  of  the  duty  enjoined 
by  said  resolution.  In  compliance  with  your  request,  I  have  the  honor  to 
transmit  herewith  the  accompanying  statements,  marked  A,  B,  C,  and  D. 

The  sum  received  in  London  from  the  bequest  of  Mr.  Smithson  by  the- 
agent  of  the  United  States  appointed  in  pursuance  of  the  act  of  July  1, 
1836,  was  $515,169.  But  the  sum  actually  received  into  the  treasury  was 
$508,318.46,  the  difference  between  the  two  sums  having  been  absorbed  by 
certain  expenses  in  collecting  and  transferring  the  money  to  the  United. 
States. 

By  the  sixth  section  of  the  act  of  July  7,  1838,  it  was  provided  that  the 
money  so  received  should  be  invested  by  the  Secretary  of  the  Treasury, 
with  the  approbation  of  the  President  of  the  United  States,  in  stocks  of 
States,  bearing  not  less  than  five  per  cent,  interest,  and  that  the  said  stocks 
should  be  held  by  the  said  Secretary  in  trust  for  the  uses  specified  in  the  last 
will  and  testament  of  James  Smithson,  until  provisions  should  be  made  by 
law  for  carrying  the  purposes  of  the  said  bequest  into  effect,  and  the  annual 
interest  accruing  on  the  stock  aforesaid  should,  in  like  manner,  be  invested 
for  the  benefit  of  the  said  institution. 

By  the  act  of  September  11,  1841,  so  much  of  the  before  mentioned  act 
as  authorized  investments  in  stocks  of  the  States  was  repealed,  and  the  Sec- 
retary of  the  Treasury  was  required  thereafter  to  invest  in  stocks  of  the 
United  States. 

But  between  the  dates  of  these  two  acts  the  sum  of  $508,318.46,  together 
with  the  interest  accruing  on  the  first  purchase,  was  invested  in  stock  of  the 
State  of  Arkansas,  upon  which  the  State,  in  the  sequel,  failed  to  pay 
interest,  and  upon  which,  from  the  time  of  such  failure,  nothing  has  been- 
realized,  except  certain  sums  which  have  accrued  to  the  State  from  the  sale- 
of  public  lands  under  what  is  commonly  called  the  five  per  cent.  fund. 


CONGRESSIONAL    PROCEEDINGS. 

In  this  condition  of  the  fund,  the  act  of  August  10,  1840.  wa<  passed, 
entitled  "  An  act  to  establish  the  Smithsonian  Institution,  for  the  increase 
and  diffusion  of  knowledge  among  men." 

The  act  recognized  as  a  debt  due  from  the  United  States  the  sum  so  received 
and  invested.  It  fixed  the  said  sum  at  $515,169,  the  sum  received  by  the 
ao-ent  in  London,  thus  assuming  the  expensed  incurred,  and  leaving  the 
original  bequest  unimpaired  for  the  use  of  the  institution.  It  provided  1<.r 
the  payment  of  interest  on  the  said  sum  from  the  time  of  receipt,  at  six  JUT 
cent.,  payable  on  the  1st  January  and  1st  July  of  each  year,  appropriating 
the  interest  which  had  so  far  accrued,  amounting  to  $242,129,  for  the  erec- 
tion of  suitable  buildings,  and  the  interest  thereafter  to  accrue  for  the  main- 
tenance and  support  of  the  institution.  But  the  act  at  tin-  >amr  time  pro- 
vided "that  all  the  stocks  which  may  have  been  or  may  In •n-af'tn-  In- 
received  into  the  treasury  of  the  United  States  on  account  of  the  fund 
bequeathed  by  James  Smithson  be,  and  the  same  are  hereby,  plcd-v.l  to 
refund  to  the 'treasury  of  the  United  States  the  sums  hereby  appropriated." 

With  this  brief  explanation  of  tin-  hi>t<>ry  of  tin  fund,  including  the 
legislation  thereon,  the  committee,  it  is  hoped,  will  find  tin  Mai.iii.-ni~  re- 
ferred to  sufficiently  intelligible. 

A  is  a  statement  showing  on  the  one  hand,  1st,  the  amount  originally  re- 
ceived into  the  Treasury  ;  2d,  the  amounts  received  for  inter. -t  :  and,  8dj 
the  amount  of  United  States  stock  redeemed,  this  amount  ($5,523.21)  bring 
part  of  the  sum  of  $106,184.85,  mentioned  in  same  statement ;  and,  on  tin; 
other  hand,  1st,  the  investments  made  for  the  benefit  of  tin-  institution; 
2d,  an  expense  incurred  in  the  management  of  the  fund ;  and,  3d,  the  bal- 
ance remaining  on  hand. 

Statement  B  shows  the  amount  of  stock  imw  In-ld.  and  the  different  de- 
scriptions of  which  it  is  composed.  It  shows  also  the  present  market  value 
of  said  stocks,  with  the  exception  of  the  Arkansas,  which  is,  perhaps,  not 
worth  more  than  forty  cents  on  the  dollar. 

C  is  a  statement  showing  on  the  one  hand  tin-  interest  which  has  accrued 
on  these  stocks,  and  on  tin-  other  hand,  M,  (he  interest  which  has  been  re- 
ceived, and,  2d,  the  interest  which  is  due  and  uncollccted. 

D  is  a  statement  of  the  interest  which  has  accrued  on  the  sum  of  $515,109 
under  the  act  of  August  10,  1846,  all  of  which  has  been  paid  up  to  the  31st 
December,  1853,  1st,  for  the  erection  of  the  building,  and,  2d,  for  the  sup- 
port of  the  institution,  in  pursuance  of  the  terms  of  said  act. 

From  these  statements  it  appcar<  that  the  fund  which  is  pledged  to  reim- 
burse to  the  Treasury  the  amount  appropriated  by  the  act  of  August  10, 
1846,  may  be  stated  as  follows  : 

1.  Stocks  on  hand  of  the  par  value  of $720,661  64 

2.  Balance  of  cash  in  the  Treasury 18,646  83 

3.  Balance  of  interest  uncollected 369,316  32 

$1,108,624  79 


It  is  estimated  that,  by  authorizing  the  Secretary  of  the  Treasury  to  re- 
deem the  stocks  of  the  United  States^held  in  trust  for  the  institution  at  the 
rates  of  premium  offered  for  said  stocks,  and  to  sell  the  stocks  of  the  States 
of  Illinois,  Ohio,  and  Michigan,  at  their  market  price,  the  sum  of  $199,844 
may  be  realized  and  applied  towards  the  reimbursement  of  the  said  appro- 
priations, and  I  respectfully  recommend  that  authority  may  be  given  to 
pursue  this  course. 

I  have  the  honor  to  be,  very  respectfully, 

JAMES  GUTHRIE, 

Secretary  of  the  Treasury. 
Hon.  Jos.  R.  CHANDLER, 

Chairman  Select  Committee  on  Smithsonian  Fund. 


THIRTY-THIRD    CONGRESS,    1853-55, 


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c  5  a)  oj » 

§  o  656 

§  H  asa 

05  O  O  O 

8  £££ 


642  CONGRESSIONAL    PROCEEDINGS. 

Shortly  after  the  receipt  of  the  above  statements  by  the 
chairman  of  the  committee,  there  was  presented  to  the 
House  of  Representatives  the  memorial  of  March  10,  1854, 
from  the  Smithsonian  Institution. 

The  statement  made  to  the  select  committee  by  tin-  Sec- 
retary of  the  Treasury  shows  that  the  Government,  by  an 
act  of  Congress,  set  apart  as  the  capital  of  the  Smithsonian 
fund,  the  sum  of  $515,169;  regarding  those  States  that 
have  failed  to  make  payment  of  prineipal  or  interest  of  the 
sums  loaned  to  them  from  the  fund  received  from  Kngland 
as  debtors  to  the  Treasury  of  the  United  States,  leaving  the 
fund  unencumbered  with  accounts  against  the  borrowers, 
and  equal  to  the  amount  left  by  the  testator. 

What  disposition  should  be  made  of  the  evidences  of 
debts  which  the  Government  of  the  United  States  holds 
against  the  borrowers  of  the  original  fund,  did  not  form  a 
part  of  the  inquiries  which  the  committee  was  authorized 
to  make.  But  as  those  funds  evidently  belong  to  the  (Jov- 
ernment  of  the  United  States,  the  committee  will  feel  itself 
justified  in  suggesting  such  a  disposal  thereof  as  will  release 
the  books  of  the  Treasury  Department  of  the  continued  and 
increasing  accounts.  And  at  the  close  of  the  report  a  reso- 
lution will  be  added  recommending  the  sale  of  all  such 
assets,  and  that  the  net  proceeds  be  carried  to  the  general 
fund. 

The  memorial  of  the  Smithsonian  Institution,  asking  for 
permission  to  invest  a  portion  of  the  fund  saved  in  the  con- 
struction of  the  building,  for  which  purpose  it  had  been 
appropriated,  suggested  to  the  joint  committee  inquiries  as 
to  the  probable  demands  which  would  be  made  upon  the 
income  of  the  institution  ;  and  that  led  to  a  further  inquiry 
as  to  the  legitimate  objects  for  expenditure.  These  inqui- 
ries could  only  be  answered  by  a  recurrence  to  the  will  of 
the  distinguished  testator ;  and  if  that  should  be  less  ex- 
plicit in  any  particular  than  would  be  desirable,  then  a 
recurrence  could  be  had  to  the  well-established  facts  of  his 
life,  and  the  special  objects  which  he  pursued  in  his  devo- 
tion to  science  ;  and  the  end  which  he  proposed  in  his  pur- 
suits while  alive,  and  the  special  directions  of  his  estate 
after  the  death  of  the  person  to  whom  was  bequeathed  a 
life  use  of  his  property. 

Committees  of  Congress  have  several  times  presented 
statements  of  the  objects  of  Mr.  Smithson's  bequest  to  the 
Government  of  the  United  States  in  trust,  and  Jheir  opinion 
of  the  mode  in  which  these  objects  should  be  attained,  and 
proceedings  have  been  had,  founded  on  the  acts  of  Congress, 


THIRTY-THIRD    CONGRESS,    1853-55.  643 

that  have  been  consequent  upon  these  reports.  And  the  in- 
stitution has  been  established,  and  been  made  most  benefi- 
cially operative  by  a  "  direction,"  which  has  been  careful  to 
administer  its  affairs  in  the  spirit  of  congressional  enact- 
ments. 

The  Smithsonian  Institution,  however,  is  unique  in  its 
character,  and  it  is  brought  into  action  at 'a  time  when  sci- 
ence is  advancing  beyond  all  precedent,  and  when  the 
learned  and  the  scientific  of  the  old  world  are  demanding 
from  the  United  States  not  merely  a  sympathy  in  their 
labors,  but  a  contribution  to  the  amount  of  knowledge  and 
science  with  which  the  world  has  already  been  enriched. 

With  the  constant  demands  upon  the  institution,  and  the 
constant  efforts  to  respond  to  these  demands,  it  is  not 
strange  that  it  should  be  found  occasionally  necessary  to 
inquire  whether  its  administration  is  maintained  with  a 
constant  eye  to  that  progression  which  the  advancement  of 
science  renders  necessary;  and  whether  every  plan  which 
was  hesitatingly  but  carefully  adopted  in  the  establishment 
of  the  institution  is  productive  of  the  exact  result  which 
was  contemplated  on  its  formation,  and  whether  any  of  its 
minor  divisions  impinge  upon  the  more  important  branches, 
and  thus  diminish  the  means  of  usefulness  on  the  whole, 
and  delay  the  attainment  of  these  objects,  which  are  prop- 
erly the  end  of  the  great  establishment. 

To  judge  correctly  of  such  matters  it  is  not  only  neces- 
sary to  know  what  has  been  done  by  the  institution,  but 
what  was  the  plan  of  those  by  whom  it  was  inaugurated ; 
and  especially  it  is  important  to  compare  the  proceedings 
of  the  institution  with  the  will  of  its  testator,  and  to  ascer- 
tain whether  what  he  proposed  has  been  in  any  degree 
attained,  and  whether  all  has  been  done  that  the  means 
supplied  would  allow,  and  whether  the  plans  for  future 
action  are  in  direct  conformity  with  a  fair  construction  of 
the  will,  and  whether  any  of  the  income  is  being  devoted 
to  objects  not  directly  contemplated  by  the  testator,  and 
which  may  be  as  well  attained  by  existing  institutions  that 
have  neither  the  means  nor  the  mission  for  that  which  may 
be  regarded  as  the  specialty  of  the  Smithsonian  bequest. 

And  the  inquiry  is,  in  the  opinion  of  the  committee  emi- 
nently worthy  those  who  are  acting  for  the  nation  which, 
having  accepted  the  solemn  and  important  trust  conferred 
by  Mr.  Smithson,  is  bound  to  give  to  its  administration  all 
that  attention  which  is  due  to  the  liberal  views  and  lofty 
objects  of  the  testator,  and  which  is  no  less  becoming  the 
peculiar  character  and  natural  distinction  of  the  trustee. 


644  CONGRESSIONAL   PROCEEDINGS. 

Regard  for  the  memory  of  the  dead  who  conferred  upon-, 
our  citizens  the  benefit  of  the  fund,  and  upon  our  nation, 
the  honor  of  its  administration,  no  less  than  a  mere  self- 
respect  will  ever  lead  this  nation,  through  its  representa- 
tives, to  guard  with  peculiar  vigilance  the  sacred  trust  in- 
volved in  the  bequest  of  Mr.  Smithson,  and  carefully  and 
diligently  to  watch  the  progress  of  the  institution  in  the 
fulfilment  of  the  noble  wishes  of  the  founder,  and  the  just 
expectation  of  mankind  in  its  regard. 

With  this  view,  evidently,  the"  Government  supplied  the 
deficiency  in  the  funds  resulting  from  loans  authorized  by 
act  of  Congress ;  and  pursuing  the  same  object,  it  is  believed 
that  Congress  will  suggest  that  the  Treasury  of  the  United 
States  be  the  depository  of  the  fund,  and  that  the  institu- 
tion shall  derive  an  unfluctuating  income  from  the  interest 
which  the  Government  of  the  United  States  shall  pay  for 
the  use  of  that  deposit. 

James  Smithson  was  the  son  of  the  Duke  of  Northumber- 
land, by  Elizabeth,  niece  of  the  Duke  of  Somerset.  The 
disadvantages  of  the  circumstances  of  his  birth  seem  to- 
have  been  less  than  the  benefits  of  the  wealth  of  his  parents, 
and  he  surmounted  the  former  by  the  assistance  whidi  the 
lattter  gave  to  the  energy  of  his  character  and  the  ennobling 
objects  of  his  pursuits,  and  having  achieved  distinction  by 
science,  an  attainment  fortunately  not  dependent  upon 
hereditary  honors,  his  wish  was  evidently  to  open  up 
avenues  to  knowledge  and  facilitate  its  attainment  for  the 
multitude.  It  is  better  to  suppose  that  the  exalted  opinions 
of  mental  cultivation  and  scientific  attainment  which  Smith- 
son  manifested  in  his  life  and  writings,  and  the  efforts  and 
contribution  which  he  made  towards  ensuring  to  learning  a 
superiority  to  any  distinction  founded  on  hereditary  title, 
resulted  rather  from  the  ennobling  influence  of  great  scienti- 
fic attainments  upon  his  own  character  than  from  the  mis- 
fortunes of  his  birth,  which  forbade  his  enjoyment  of  the 
titular  honors  that  distinguished  his  father. 

Or,  if  made  to  feel  the  incompatibility  of  his  condition 
with  the  kind  of  distinction  which  was  enjoyed  by  his  more 
fortunate  relatives,  he  may  be  pardoned  the  ambition  which 
led  him  to  adopt  a  course  to  give  imperishable  distinction 
to  his  name,  "  when  the  titles  of  Percy  and  Northumberland 
are  extinct."  And  the  Smithsonian  Institution,  in  the  city 
of  Washington,  is  the  means  by  which  that  distinction  is  to 
be  achieved  and  perpetuated.  Such  an  end,  with  such  ample 
means  demanded  appropriate  administrations  and  suitable 
measures. 


THIRTY-THIRD    CONGRESS,    1853-55.  645 

It  must  be  conceded  that  the  plan  of  the  Smithsonian  In- 
stitution must  be  of  a  character  different  from  most  others, 
or  it  will  only  be  a  rival  of  existing  institutions;  and  the 
language  of  the  testator  is  explicit  as  it  regards  the  char- 
acter and  objects  of  the  institute  which  he  intended  to  found 
and  endow.  The  object  was  "  to  found  at  Washington  an 
establishment,  under  the  name  of  the  Smithsonian  Institu- 
tion, for  the  INCREASE  AND  DIFFUSION  OF  KNOWLEDGE  AMONG 
JMEN." 

The  Government  of  the  United  States,  in  accepting  the 
great  trust  conferred,  pledged  itself  to  carry  out  the  objects 
of  the  founder,  to  administer  the  funds  with  a  distinct 
reference  to  the  requirements  of  the  will,  and  to  keep  the 
institute,  which  bears  the  name  of  the  founder,  separate  in 
all  its  relations  from  any  and  every  other;  to  give  it  a  dis- 
tinct and  substantive  existence,  and  insure  independence 
and  efficiency  to  its  operations. 

The  distinction  between  the  increase  and  the  diffusion  of 
knowledge  is  real,  and  in  the  administration  of  the  Smith- 
sonian Institution  is  of  very  great  importance. 

We  have,  all  around  us,  libraries  and  museums,  by  which 
what  is  known  of  literature  and  science  may  be  diffused,  so 
far  as  the  influence  of  those  libraries  and  museums  extends  ; 
but  it  cannot  be  denied  that  such  an  influence  is  necessarily 
quite  limited. 

But  the  "  increase  of  knowledge "  is  more  dependent 
upon  the  means  of  the  promoters  than  their  location,  and 
the  amount  of  valuable  contribution  to  any  science  must 
depend  more  upon  the  assurance  that  the  contributor  can  be 
requited  for  his  time  and  labor,  than  upon  any  advantages 
of  position ;  and  it  is  eminently  true  that  our  country 
abounds  with  men  whose  tastes  and  attainments  lead  them 
into  a  particular  branch  of  moral  or  physical  science,  but 
whose  ordinary  pursuits  do  not  allow  them  to  extend  their 
investigations  into  specialities,  so  that  large  stores  of  knowl- 
edge often  lie  undeveloped  in  the  mine  of  science  for  want 
of  some  men  of  leisure  to  follow  the  drift  and  secure  the 
treasure. 

The  Smithsonian  Institution  has  already  enabled  men  of 
that  class,  and  encouraged  those  of  more  fortunate  condi- 
tion to  make  investigations  and  to  adduce  results  which  the 
world  of  science  has  already  confessed  go  to  increase  knowl- 
edge among  men ;  and  these  contributions  to  the  amount 
of 'knowledge,  it  is  admitted,  must  have  been  reserved  at 
least  for  a  future  day,  had  not  the  foresight  of  the  Smith- 
sonian Institution  suggested  and  supplied  means  for  the 


646  CONGRESSIONAL    PROCEEDINGS. 

"  increase,"  and  its  appropriate   and  timely  liberality  fur- 
nished the  funds  and  means  for  the  dissemination. 

It  has  already  been  remarked,  that  the  unique  character 
of  Mr.  Smithson's  bequest  rendered  it  difficult  of  adminis- 
tration upon  any  plan  that  should  not  be  sanctioned  by  some 
experience,  and  hence,  if  there  should  be  suggested  a  slight 
departure  from  the  requirements  of  the  letter  of  the  law  of 
1846,  by  which  the  institution  was  organized  for  action,  it 
must  not  be  understood  as  censuring  the  views  of  those 
who  labored  in  the  plan  and  secured  the  efficient  and 
desirable  action  of  Congress.  At  that  time  gentlemen  of 
the  highest  distinction  in  literature  and  science  differed  in 
their  views  of  the  best  means  of  carrying  out  the  wishes  of 
the  founder.  Each  had  a  favorite  theory  as  it  ivgards  tin' 
efficiency  of  certain  means  or  modes,  and  that  difference 
arose  greatly  from  previous  habits  and  associations,  or  from 
the  influence  which  the  greater  mind  had  upon  the  less. 

It  cannot  be  denied  that  the  creation  of  an  immense 
library  was  a  favorite,  and  the  dominant  idea  of  many  who, 
at  that  time,  leaned  entirely  upon  foreign  writers  for  infor- 
mation, and  resorted  to  books  rather  than  to  experiments 
and  observations  for  exact  information  on  any  science. 
Such  a  course  seems  natural,  where  it  had  been  universal, 
and  the  opinions  are  likely  to  be  operative  just  in  propor- 
tion to  the  dependence  of  minds  upon  books;  and  hence  a 
vast  collection  of  volumes  in  any  city  of  the  fourth,  or  fifth 
class  in  point  of  size,  and,  as  yet  of  no  particular  '-lass  in 
point  of  science  and  literature,  seemed  to  promise  a  fulfill- 
ment of  the  wishes  of  Smithson. 

Yet  these  volumes  were  not  to  "  increase  the  amount  of 
knowledge  among  men;"  they  only  recorded  the  existing 
amount,  were  merely  the  storehouses  of  what  had  been 
gathered  and  kept  in  the  city  of  Washington,  as  yet  only 
the  political  centre  of  the  nation,  and  it  is  difficult  to  see 
how  they  would  serve  greatly  to  "diffuse  that  knowledge 
among  men." 

Another  part  of  the  plan  is  the  establishment  of  a  mu- 
seum, and,  in  the  opinion  of  the  committee,  this,  if  kept 
within  just  bounds,  is  a  valuable  part  of  the  general  plan. 
The  danger  is  that  a  museum,  instead  of  being  what  its 
name  implies,  will  become  a  receptacle  for  all  the  freaks  of 
nature  which  a  morbid  curiosity  may  discover,  and  the 
resort  of  those  who  would  rather  be  amused  with  a  litsus 
nattim  of  any  kind  than  with  a  well  arranged  and  instruc- 
tive display  of  products  in  their  scientific  order. 

A  museum  for  the  Smithsonian  Institution  should  be  of  a 


THIRTY-THIRD    CONGRESS,    1853-55.  647 

kind  to  assist  the  student  and  the  master  in  natural  studies, 
and  enable  them  to  pursue  their  inquiries  to  the  full  extent 
of  attained  results,  that  they  may  increase  the  amount  of 
that  kind  of  knowledge,  may  add  to  what  is  already  known  ; 
and  when  they  shall  have  completed  that  commission,  and 
their  reports  shall  have  satisfied  the  institution  that  some- 
thing is  contributed  to  the  previous  amount  of  knowledge 
in  their  particular  branches,  then  the  institution  shall  cause 
those  contributions  to  be  printed  in  an  appropriate  manner, 
and  copies  to  be  distributed  to  the  various  libraries  of  the 
country  and  the  scientific  associations  throughout  the  world; 
thus  DIFFUSING  knowledge  among  men. 

One  result  of  this  transmission  of  the  publications  of  the 
institution  is  eminently  worthy  of  regard,  in  considering 
the  means  of  administering  the  will  of  the  testator.  These 
books  thus  sent  out  are  regarded  as  "  exchanges,"  and  thus 
they  insure  to  the  institution  returns  from  every  corres- 
ponding society  in  the  world  that  publishes  its  proceedings; 
and  a  single  publication  of  a  thousand  copies  of  any  me- 
moir by  the  Smithsonian  Institution  is  likely  to  insure  to 
the  shelves  of  its  library  numerous  copies  of  different  sci- 
entific works  from  sister  associations  abroad,  so  that  the 
very  expenditure  in  that  branch  of  the  institution-  is  the 
means  of  supplying  the  books  for  a  library  instead  of  its 
becoming  the  occasion  of  diminishing  the  means  of  supply- 
ing that  "branch.  And  it  should  be  added  that  the  works 
received  in  exchange  are  those  which  go  to  supply  to  the 
institution  a  portion  of  the  very  kind  of  information  most 
suited  to  its  character  and  objects,  and  insuring  to  its  offi- 
cers and  frequenters  detailed  reports  upon  branches  of  sci- 
ence that  might  otherwise  have  remained  undeveloped. 

The  city  of  Washington  may  rejoice  in  the  multiplication 
of  general  libraries,  and  the  young  may  frequent  the  Smith- 
sonian Institution  for  duplicates  of  amusing  volumes  which 
they  have  seen  in  the  Congressional  Library ;  and  the  latest 
novel  or  the  last  essay  may  find  its  place  on  its  shelves,  to 
the  augmentation  of  its  catalogue,  and  the  diminution  of 


its  funds  ;  but  it  will  scarcely  be  claimed,  in  behalf  of  such 
a  collection,  that  it  is  a  selection  suited  to  the  views  of  Smith- 
son,  or  in  accordance  with  his  will. 

The  committee,  unable  at  present  to  pursue  further  their 
inquiries  into  a  subject  of  so  much  importance  to  the  hopes 
of  the  scientific,  beg  leave  to  present  the  following  resolu- 
tions : 

Resolved,  That  having  accepted  the  trust  conferred  by  th.>  last  will  and 
testament  of  James  Smithson,  and  having  experienced  tecoattotettoe  Iron, 


648  CONGRESSIONAL    PROCEEDINGS. 

*  former  investment  of  a  part  of  the  funds  of  that  trust,  the  United  States 
will  best  promote  the  object  of  the  testator,  and  secure  the  prosperous  and 
profitable  action  of  the  Smithsonian  Institution,  by  retaining  the  funds  of 
that  institution  in  the  Public  Treasury,  and  allowing  the  same  interest  now 
paid  for  the  use  of  those  funds. 

Resolved,  That  it  is  expedient  to  enlarge  the  permanent  fund  of  the  insti- 
tution by  the  investment  of  such  sums,  not  exceeding  $125,000,  as  may  have 
been  or  shall  be  received  for  accrued  interest  or  otherwise,  in  addition  to 
the  principal  sum  of  the  Smithsonian  bequest,  and  that  the  said  additional 
sum  of  $125,000  be  received  into  the  Treasury  of  the  United  States  upon 
the  same  terms  as  those  upon  which  the  original  fund  is  now  held. 


THIRTY-FOURTH  CONGRESS. 

SENATE,  January  28,  1856. 

Mr.  TRUMBULL  presented  a  memorial  from  a  committee 
appointed  at  the  Illinois  State  Educational  Convention, 
praying  for  a  grant  of  land  to  each  State  in  the  Union,  for 
the  purpose  of  endowing  industrial  universities,  to  cooperate 
with  each  other,  and  with  the  Smithsonian  Institution,  at 
Washington,  for  the  education  of  the  industrial  classes  and 
their  teachers,  accompanied  by  resolutions  adopted  by  the 
Legislature  of  the  State  of  Illinois,  favoring  the  project; 
which  was  referred  to  the  Committee  on  Public  Lands. 

SENATE,  February  12,  1856. 

Mr.  MASON  gave  notice  of  his  intention  to  ask  leave  to 
introduce  a  joint  resolution,  providing  that  the  vacancies  in 
the  Board  of  Regents  of  the  Smithsonian  Institution  of  the 
class  other  than  members  of  Congress,  occasioned  by  the 
resignation  of  Rufus  Choatc  and  the  death  of  lion.  Jno. 
McPherson  Berrien,  be  filled  by  the  appointment  of  George 
E.  Badger  of  North  Carolina,  and  C.  C.  Felton  of  Massa- 
chusetts. 

SENATE,  February  13,  1856. 

Mr.  MASON  offered  the  above  resolution;  which  was  read 
the  first  time,  and  ordered  to  a  second  reading. 

Mr.  MASON.  Mr.  President,  the  Board  of  Regents  have 
been  unable  to  obtain  a  quorum,  in  consequence  of  the  delay 
in  organizing  the  House ;  and  in  order  to  fill  the  existing 
vacancies,  it  is  desirable  that  the  resolution  should  be  acted 
on  at  once.  It  is  one  to  which,  I  presume,  there  is  no  ob- 
jection; I,  therefore,  ask  for  its  consideration  now. 

There  being  no  objection,  the  joint  resolution  was  read 
the  second  time,  and  considered  as  in  Committee  of  the 
Whole. 

Mr.  MASON.  Mr.  Badger  is  known  to  every  Senator 
present;  and  of  Mr.  Felton,  I  would  only  say  that  he  is 


THIRTY-FOURTH    CONGRESS,    1855-57.  649 

professor  of  Greek  at  the  Harvard  University;  that  he  is  a 
gentleman  of  eminent  literary  as  well  as  other  attainments, 
and  possesses,  perhaps,  a  better  knowledge  of  literary  insti- 
tutions, at  home  and  abroad,  than  most  others. 
The  joint  resolution  was  passed. 

SENATE,  June  19,  1856. 

On  motion  of  Mr.  DOUGLAS,  Mr.  J.  A.  Pearce  was  reap- 
pointed  regent  by  the  President  of  the  Senate. 

July  25,  1856. — Report  of  the  institution  for  1855  pre- 
sented, and  ordered  to  be  printed. 

Mr.  PEARCE  moved  that  10,000  extra  copies  be  printed. 

July  29,  1856— 

Ordered,  That  10,000  additional  copies  of  the  tenth  annual  report  of  the 
Kegents  of  the  Smithsonian  Institution  be  printed— 2,500  of  the  same  to  be 
for  the  use  of  the  institution. 

January  21, 1857. — The  following  resolution  was  adopted: 

Resolved,  $c.,  That  the  vacancies  in  the  Board  of  Kegents  of  the  Smith- 
sonian Institution,  of  the  class  "  other  than  members  of  Congress,"  be  filled 
by  the  reappointment  of  the  late  incumbents,  viz  :  Richard  Kush,  of  Phila- 
phia,  and  Joseph  G.  Totten,  of  Washington. 

February  28,  1857. — Annual  Report  for  1856  presented, 
and  ordered  to  be  printed. 

Mr.  FITCH  moved  that  10,000  copies  be  printed. 

March  3, 1857. — On  motion  of  Mr.  JOHNSON,  of  Arkansas, 
it  was — 

Resolved,  That  there  be  printed,  for  the  use  of  the  Senate,  10,000  extra 
copies  of  the  annual  report  of  the  Board  of  Kegents  of  the  Smithsonian 
Institution,  2,500  of  the  same  to  be  for  the  use  of  the  Institution ;  and  that 
the  Secretary  be  authorized  to  add  to  the  portion  of  his  report  now  before 
the  Senate  such  matter  as  may  be  necessary  to  complete  the  same:  Provided, 
That  such  additions  shall  not  exceed  in  the  aggregate  423  pages,  the  num- 
ber of  pages  contained  in  the  10th  annual  report.  And  provided,  further, 
That  the  entire  amount  of  copy  necessary  to  complete  the  said  report  be 
placed  in  the  hands  of  the  public  printer  by  or  before  the  10th  day  of  April 
next ;  but  no  portion  of  said  copy  shall  be  placed  in  the  hands  of  the  public 
printer  until  the  whole  shall  have  been  completed  and  delivered  into  the 
hands  of  the  Superintendent  of  the  Public  Printing. 

March  6,  1857. — The  President  of  the  Senate  appointed 
Mr.  James  M.  Mason  as  Regent. 

HOUSE  OF  REPRESENTATIVES,  February  21,  1856. 

On  motion  of  Mr.  STEPHENS,  the  joint  resolution  from  the 
Senate  of  February  13  for  the  appointment  of  regents  was 
passed. 

February  26,  1856. — The  SPEAKER  made  the  following  ap- 
pointments as  regents:  Hiram  Warner  of  Georgia,  James 
JVIeticham  of  Vermont,  Wni.  H.  English  of  Indiana. 


650  CONGRESSIONAL    PROCEEDINGS. 


Mr.  MEACHAM.  In  the  nomination  of  Regents  of  the 
Smithsonian  Institution  made  by  the  Speaker  this  morning, 
I  find  that  my  name  stands  in  the  list.  I  feel  grateful  to 
you,  Mr.  Speaker,  for  the  honor  thus  conferred  upon  me; 
but  I  beg  of  you  to  erase  my  name,  and  appoint  some  other 
member  of  this  House.  I  have  two  or  three  reasons  for 
making  this  request.  In  the  first  place,  I  have  enjoyed  the 
honor  and  borne  the  burden  of  that  position  for  a  period  of 
four  years,  and  I  think  it  better  that  the  duty  should  circu- 
late among  different  members  of  the  body,  and  that  it  should 
not  remain  stationary.  I  have  another  reason  for  asking  to 
be  excused.  You,  sir,  have  already  placed  me  in  a  position 
on  a  committee  of  this  House  which  demands  all  my  atten- 
tion. I  will  not  conceal  that  I  ha\v  another  reason,  which 
I  shall  take  another  time  to  explain.  It  is,  that  I  cannot 
approve  the  present  course  of  that  institution,  if  it  have  any 
course,  and  is  not  merely  standing  still  and  marking  time — 
the  mere  mockery  of  motion.  It  is  not  producing  that  im- 
pression upon  the  country  and  people  which  it  ought  to 
make.  I  cannot  consent,  and  will  not  consent,  to  follow  an 
institution  whose  leader  is  smitten  with  chronic  monomania 
on  a  single  subject — an  institution  whose  line  of  march,  as  I 
believe,  runs  athwart  the  line  of  law  by  which  it  holds  its 
existence.  I,  therefore,  beg  of  you  to  accept  my  thanks  and 
resignation. 

There  being  no  objection,  Mr.  Meacham's  resignation  was 
accepted. 

The  SPEAKER  appointed  Hon.  Benjamin  Stanton,of  Ohio, 
as  Regent. 

May  23,  1856. — Report  of  Smithsonian  Institution,  for 
1855,  presented. 

Mr.  ENGLISH  moved  that  10,000  extra  copies  be  printed. 

August  9,  1856. — The  following  resolution  was  adopted : 

Resolved,  That  10,000  copies  of  the  report  of  the  Smithsonian  Institution 
for  the  year  1855  be  printed — 7,500  for  the  use  of  members  of  the  House, 
and  2,500  for  the  institution. 

February  18,  1857. — Report  for  1856  presented,  and  or- 
dered to  be  printed. 

March  3,  1857. — The  following  resolution  was  adopted  : 

Resolved,  That  there  be  printed  of  the  report  of  the  Regents  of  the  Smith- 
sonian Institution  for  1856,  10,000  copies — 7,500  for  the  use  of  members  of 
the  House,  and  2,500  for  the  use  of  the  institution. 

December  14,  1857. — The  SPEAKER  appointed  as  Regents 
of  the  Smithsonian  Institution — Wm.  H.  English  of  Indiana, 
Benjamin  Stanton  of  Ohio,  and  Lucius  J.  Gartrell  of  Georgia*. 


THIRTY-FIFTH    CONGRESS,    1857-59.  651 

THIRTY-FIFTH  CONGRESS. 

SENATE,  May  27,  1858. 

Annual  report  of  the  Smithsonian  Institution  for  1857 
presented,  and  Mr.  PEARCE  moved  the  printing  of  10,000 
extra  copies,  2,500  of  which  to  be  for  the  use  of  the 'insti- 
tution. 

June  3,  1858. — Mr.  JOHNSON,  of  Arkansas,  from  the  Com- 
mittee on  Printing,  reported  the  following : 

Resolved,  That  10,000  additional  copies  of  the  report  of  the  Board  of  Re- 
gents of  the  Smithsonian  Institution,  for  the  year  1857,  be  printed — 5,000 
for  the  use  of  the  Senate  and  5,000  for  the  use  of  the  Smithsonian  Institu- 
tion :  Provided,  That  the  aggregate  number  of  pages  contained  in  said 
report  shall  not  exceed  440,  without  wood-cuts  or  plates,  except  those  fur- 
nished by  the  Institution.  And  provided,  further.  That  the  entire  amount 
of  copy  necessary  to  complete  said  report  be  placed  in  the  hands  of  the 
Superintendent  of  the  Public  Printing  before  the  commencement  of  print- 
ing any  portion  of  said  report. 

Mr.  IVERSON.  I  object  to  the  resolution,  unless  the  5,000 
copies  for  the  use  of  the  Senate  be  stricken  out.  I  have  no 
objection  to  the  other  5.000  being  printed  for  the  Smith- 
sonian Institution. 

Mr.  JOHNSON,  of  Arkansas.  I  do  not  care  whether  it  be 
published  or  not.  I  submit  to  the  will  of  the  Senate. 

The  VICE  PRESIDENT.  Objection  being  made,  the  resolu- 
tion will  lie  over. 

June  12,  1858. — The  above  resolution  of  June  3,  was 
adopted. 

January  7,  1859. — Resolution  adopted  to  fill  vacancies  in 
Board  of  Regents : 

Resolved,  $c.,  That  the  vacancies  in  the  Board  of  Regents  of  the  Smith- 
sonian Institution  other  "  than  members  of  Congress  "  be  filled  by  the 
ippointment  of  Alexander  D.  Bache,  a  member  of  the  National  Institute 
ind  resident  in  the  city  of  Washington,  and  George  E.  Badger,  of  the 
State  of  North  Carolina. 

February  23,  1859. — The  annual  report  of  the  Smith- 
sonian Institution,  for  1858,  was  presented. 

Mr.  MASON  moved  to  print  10,000  extra  copies,  5,000  for 
;he  Senate  and  5,000  for  the  institution. 

February  24,  1859. — Mr.  FITCH  reported  the  following 
•esolution,  which  was  adopted : 

Resolved,  That  there  be  printed,  in  addition  to  the  usual  number  of  the 
'eport  of  the  Board  of  Regents  for  the  Smithsonian  Institution,  for  the 
'•ear  1858,  5,000  copies  for  the  use  of  the  Smithsonian  Institution :  Pro- 
nded,  That  the  aggregate  number  of  pages  contained  in  said  report  shall 
lot  exceed  450  pages,  without  wood-cuts  or  plates,  except  those  furnished 
>y  the  institution. 


.£52  CONGRESSIONAL    PROCEEDINGS. 

HOUSE  OF  REPRESENTATIVES,  May  29,  1858. 

The  annual  report  of  the  Smithsonian  Institution  for  1857 
was  laid  on  the  table,  and  ordered  to  be  printed. 

Mr.  ENGLISH.  I  move  that  10,000  extra  copies  of  the 
report  be  printed. 

Mr.  JONES,  of  Tennessee.  I  hope  no  extra  copies  of  it 
will  be  printed. 

The  motion  was  referred  to  the  Committee  on  Printing. 

Jane  12,  1858.— Mr.  NICHOLS,  from  the  Committee  on 
Printing,  submitted  the  following : 

Resolved,  That  there  be  printed  of  the  report  of  the  Smithsonian  Institu- 
tion seven  thousand  copies  for  the  use  of  members  of  the  House  of  Repre- 
sentative*, and  two  thousand  for  the  use  of  the  Institution. 

Mr.  JONES,  of  Tennessee.     How  much  will  that  cost? 

Mr.  NICHOLS.  The  cost  will  be  $3,500,  according  to  an 
estimate  made  by  myself.  It  is  a  large  reduction  on  the 
number  heretofore  ordered.  I  call  for  the  previous  question. 

Mr.  BURNETT.    I  move  to  lay  the  resolution  upon  the  table. 

Mr.  JONES,  of  Tennessee.     I  demand  the  yens  and  nays. 

Mr.  KEITT.     I  rise  to  a  question  of  privily-. 

The  SPEAKER.  The  Chair  cannot  entertain  the  motion 
pending  the  call  for  the  previous  question. 

The  House  divided  on  ordering  the  yeas  and  nays,  and 
there  were — ayes  25,  noes  109. 

The  SPEAKER.     The  yeas  and  nays  are  not  ordered. 

Mr.  BURNETT.     I  want  tellers  on  the  yeas  and  nays. 

The  SPEAKER.  The  Chair  thinks  the  call  comes  too  late. 
The  Chair  stated  the  vote,  and  paused  some  time  before  he 
announced  the  result. 

Mr.  BURNETT.  The  Speaker  stooped  over  a  moment,  and 
as  soon  as  he  rose  to  an  erect  position,  I  rose  and  called  for 
tellers  upon  the  yeas  and  nays,  and  the  result  was  announced. 

The  SPEAKER.  Did  not  the  gentleman  hear  the  announce- 
ment before  he  addressed  the  Chair? 

Mr.  BURNETT.  Yes,  sir.  I  heard  the  announcement,  109 
and  25. 

The  SPEAKER.     The  application  comes  too  late. 

The  question  was  then  taken  upon  the  motion  to  lay  the 
resolution  upon  the  table;  and  it  was  not  agreed  to — ayes 
80,  noes  97. 

Mr.  BURNETT  demanded  the  yeas  and  nays  upon  the  adop- 
tion of  the  resolution. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirma- 
tive—yeas 84,  nays  50— as  follows  : 


THIRTY-FIFTH    CONGRESS,    1857-59.  653- 

YEAS— Messrs.  Adrian,  Ahl,  Andrews,  Arnold,  Billinghurst,  Bingham, 
Bliss,  Brayton,  Buffinton,  Burlingame,  Burns,  Burroughs,  Chase,  Cava- 
naugh,  Chaifee,  Chapman.  Eara  Clark,  Clawson,  Clark  B.  Cochrane, 
Cpckerill,  Colfax,  Comins,  Corning,  Covode,  Cragin,  Curtis,  Davis  of  Mas- 
sachusetts, Davis  of  Iowa,  Dawes,  Dean,  Diminick,  Dodd,  Durfee,  Edie, 
Fenton,  Foster,  Gillis,  Gilman,  Grilmer,  Grooch,  Goodwin,  Groesbeck,  Growr 
Hatch,  Horton,  Owen  Jones,  Keitt,  Knapp,  John  C.  Kunkel,  Landy,  Love- 
joy,  Humphrey  Marshall,  Maynard,  Moore,  Morgan,  Morrill,  Edward  Joy 
Morris,  Freeman  H.  Morse,  Mott,  Nichols,  Olin,  Parker,  John  S.  Phelps, 
William  W.  Phelps,  Phillips,  Pottle,  Purviance,  Keagan,  Ricaud,  Ritchier 
Robbing,  Roberts,  Judson  W.  Sherman,  Sickles,  Singleton,  Samuel  A. 
Smith,  Stanton,  Tappan,  Underwood,  Walbridge,  Walton,  Elihu  B.  Wash- 
burne,  Israel  Washburn,  and  Wood — 84. 

NAYS — Messrs.  Atkins,  Barksdale,  Bennett,  Blair,  Bonham,  Branch, 
Burnett,  Caskie,  Clemens,  Cobb,  John  Cochrane,  James  Craig,  Curry, 
Davis  of  Indiana,  Davis  of  Mississippi,  Dowdell,  Eustis,  Faulkner,  Garnett, 
Gregg,  Hopkins,  Houston,  Huyler,  Jackson,  Jenkins,  George  W.  Jonesr 
Jacob  M.  Kunkel,  Leiter,  Letcher,  Maclay,  McKibbin,  Miles,  Niblack, 
Peyton,  Potter,  Powell,  Royce,  Ruffin,  Russell,  Sandidge,  Savage,  Scales, 
Henry  M.  Shaw,  William  Smith,  Spinner,  Stevenson,  Miles  Taylor,  Toinp- 
kins,  Trippe,  Winslow,  and  John  V.  Wright — 50. 

So  the  resolution  was  agreed  to. 

HOUSE  OF  REPRESENTATIVES,  December  16,  1858. 

Report  of  the  Committee  on  the  District  of  Columbia  on 
the  memorial  of  the  National  Institution  for  the  Promotion 
of  Science,  praying  for  an  appropriation  for  preserving  the 
collection  of  objects  of  natural  history  entrusted  to  their 
charge ;  shows  that,  in  fact,  the  collections  are  now  in  the 
Smithsonian  Institution — they  were  formerly  in  the  Patent 
Office,  under  the  charge  of  the  Government — and,  therefore, 
the  committee  ask  to  be  discharged  from  the  further  con- 
sideration of  the  memorial. 

The  report  of  the  committee  was  concurred  in. 

January  10,  1859. — Resolution  of  the  Senate  of  January 
7,  adopted,  to  elect  A.  D.  Bache  and  G.  E.  Badger,  regents. 

March  2,  1859. — Mr.  SMITH,  of  Tennessee,  from  Commit- 
tee on  Printing,  submitted  the  following  resolution : 

Resolved,  That  there  be  printed  5,000  extra  copies  of  the  report  of  the 
operations  of  the  Smithsonian  Institution,  for  the  year  1858  ;  3,000  for  the 
use  of  members  of  the  House,  and  2,000  for  the  use  of  said  institution. 

Mr.  SMITH,  of  Tennessee,  demanded  the  previous  question. 

Mr.  JONES,  of  Tennessee,  demanded  a  division. 

The  House  divided ;  and  there  were  ayes — 88. 

The  SPEAKER.  Does  the  gentleman  insist  on  his  divi- 
sion ? 

Mr.  JONES,  of  Tennessee.  Yes,  sir;  unless  it  is  pro- 
posed to  pay  for  this  printing  out  of  the  Smithsonian  fund. 

The  division  was  made  ;  and  there  were — noes,  45.  So 
the  resolution  was  adopted. 


£54  CONGRESSIONAL    PROCEEDINGS. 

Mr.  SMITH,  of  Tennessee,  moved  to  reconsider  the  vote 
by  which  the  resolution  was  adopted;  and  also  moved  that 
the  motion  to  reconsider  be  laid  upon  the  table.  Agreed  to. 


THIRTY-SIXTH  CONGRESS. 

SENATE,  January  26,  1860. 

The  PRESIDENT  of  the  Senate  reappointed  Mr.  Stephen  A. 
Douglas  as  regent. 

June  11,  1860. — Report  of  the  Smithsonian  Institution, 
for  1859,  presented,  and  ordered  to  be  printed. 

On  motion,  by  Mr.  PEARCE,  it  was — 

Resolved,  That  10,000  additional  copies  of  the  report  of  the  Regents  of 
the  Smithsonian  Institution,  for  the  year  1859,  be  printed  ;  5,000  for  the 
use  of  the  Senate,  and  5,000  for  the  use  of  the  institution  :  Provided,  That 
the  aggregate  number  of  pages  contained  in  said  report  shall  not  exceed 
450  pages,  without  wood-cuts  or  plates,  except  those  furnished  by  the  insti- 
tution. 

January  12,  1861. — Mr.  DOUGLAS  offered  a  resolution  that 
the  vacancies  in  the  Board  of  Regents  of  the  Smithsonian 
Institution  be  filled  by  the  appointment  of  Messrs.  George 
M.  Dallas,  William  B.  Astor,  and  Cornelius  C.  Felton. 

February  21,  1861. — House  bill  making  appropriations 
for  sundry  civil  expenses  of  the  Government  for  the  year 
ending  30th  June,  1862,  was  taken  up  for  consideration. 

The  next  amendment  was  to  strike  out  from  lines  two 
hundred  and  twenty-three  to  two  hundred  and  twenty-six 
inclusive,  in  the  following  words : 

For  the  preservation  of  the  collections  of  the  exploring  and  surveying 
expeditions  of  the  Government,  and  the  construction  of  suitable  cases  to 
receive  said  collections,  $6,000. 

And  to  insert,  in  lieu  thereof: 

For  the  distribution  of  the  collections  of  the  exploring  and  surveying 
expeditions  of  the  Government,  and  the  construction  of  additional  cases  to 
receive  such  part  of  said  collections  as  may  be  retained  by  the  Government, 
$6,000. 

The  PRESIDING  OFFICER  put  the  question;  and  declared 
the  noes  appeared  to  have  it. 

Mr.  FESSENDEN.  Senators  certainly  do  not  understand 
the  amendment  they  are  voting  against. 

Mr.  HALE.     I  confess  I  do  not.     Let  us  have  it  explained. 

Mr.  FESSENDEN.  I  will  give  an  explanation.  This  sum 
is  necessary  to  be  appropriated  for  the  distribution  of  the 
collections  of  the  exploring  expeditions.  They  brought  back 


THIRTY-SIXTH  CONGRESS,  1859-61.  655 

with  them  a  great  deal  of  matter  which  has  been  arranged 
for  distribution  among  the  several  States. 

Mr.  BRAGG.  I  hope  the  Senator  will  speak  louder ;  he 
cannot  be  heard. 

Mr.  FESSENDEN.  I  say  there  were  a  great  many  dupli- 
cates of  the  collections  which  are  proposed  to  be  distributed 
among  the  several  States,  and  this  sum  is  necessary  in  order 
to  have  them  arranged  and  distributed. 

Mr.  GRIMES.  How  many  such  appropriations  have  been 
made  for  distribution  heretofore  ? 

Mr.  FESSENDEN.  This  is  the  first  appropriation  of  the 
sort  : 

For  the  distribution  of  the  collections  of  the  exploring  and  surveying 
expeditions  of  the  Government,  and  the  construction  of  additional  cases  to 
receive  such  part  of  said  collections  as  may  be  retained  by  the  Government, 
$6,000. 

There  are  two  things  provided  for  in  this  amendment. 
Both  are  necessary.  The  sum  is  a  very  reasonable  one. 
The  Committee  on  Finance  examined  this  matter,  and  came 
to  the  conclusion  that  it  was  proper  to  make  this  appropria- 
tion. The  only  alteration  we  have  made  is  to  put  it  in  a, 
better  shape  than  it  was  before.  The  chairman  of  the  com- 
mittee thought  the  lines  proposed  to  be  stricken  out  were 
indefinite. 

Mr.  GRIMES,  I  understand  this  is  the  first  appropriation 
ever  made  for  distribution  ? ' 

Mr.  FESSENDEX.     Yes,  sir. 

Mr.  PEARCE.  Mr.  President,  these  collections  are  made 
by  all  the  expeditions  sent  out  by  the  Government.  A  great 
many  of  them  are  sent  overland  to  the  Northwest.  All  of 
them  bring  home  collections  of  natural  history.  They  are 
all  sent  to  the  Smithsonian  Institution,  where  they  are  ar- 
ranged and  classified.  We  have  no  means  for  keeping  these 
specimens  there;  and  it  is  very  desirable  that  the  duplicates 
should  be  given  to  the  colleges  and  scientific  institutions 
throughout  the  country.  This  appropriation  is  not  a  large 
one.  These  specimens  have  been  collecting  for  a  number  of 
years ;  and  the  object  now  is  to  distribute  them  to  places 
where  they  would  be  valuable — that  is  all. 

Mr.  GRIMES.  Under  what  law,  to  what  institutions,  and 
in  what  manner,  are  they  distributed? 

Mr.  PEARCE.  There  is  no  law  that  I  am  aware  of  for  the 
distribution ;  but  it  has  been  proposed  by  the  Secretary  of 
the  Interior  that  these  objects  should  be  thus  distributed. 
They  will  be  distributed  by  the  Smithsonian  Institution,  in 
whose  care  they  are  placed. 


656  CONGRESSIONAL    PROCEEDINGS. 


Mr.  GRIMES.  According  to  the  discretion  of  the  superin- 
tendent of  that  institution  ? 

Mr.  PEARCE.  Yes,  sir;  with  the  approbation  of  the  Inte- 
rior Department,  of  course,  which  is  required  for  all  things 
of  this  sort. 

Me.  HALE.  Then,  I  think,  Congress  should  not  appro- 
priate the  money.  I  think  they  ought  to  be  distributed  by 
law,  as  books  and  manuscripts  are,  and  should  not  be  given 
to  the  discretion  of  this  Department. 

Mr.  FESSENDEN.  Why  not  add  the  words  :  "  in  the  dis- 
cretion of  the  Secretary  of  the  Interior?" 

Mr.  HALE.  There  does  not  seem  to  be  any  necessity  for 
the  provision  at  all. 

The  PRESIDING  OFFICER,  (Mr.  Polk  in  the  chair.)  If  no 
amendment  be  offered,  the  question  will  be  on  the  amend- 
ment reported  from  the  Committee  on  Finance. 

Mr.  FESSENDEN.  I  suppose  the  amendment  may  be 
amended. 

The  PRESIDING  OFFICER.  Certainly;  but,  as  the  Chair 
stated,  no  amendment  being  offered  to  it,  the  question  is 
on  the  amendment  as  reported  by  the  committee. 

Mr.  HUNTER.  It  seems  to  me  that  before  we  adopt  this 
amendment,  its  friends  ought  to  put  some  limitation  on  it 
by  which  hereafter  the  Smithsonian  Institution  is  not  to  re- 
ceive these  things ;  for  I  am  afraid  it  will  be  the  beginning 
of  a  system  of  annual  distribution  like  those  Patent  Office 
seeds,  and  may  lead  us  into  a  large  annual  expenditure,  un- 
less there  is  some  limitation.  I  would  be  willing  to  distrib- 
ute them  once,  if  you  would  put  a  stop  to  it  there ;  and 
there  ought  to  be  something  done  to  prevent  the  receipt  of 
these  things  hereafter. 

Mr.  PEARCE.  The  Smithsonian  Institution  has  not  the 
slightest  interest  in  this  thing  whatsoever;  but  the  Govern- 
ment has  for  years — having  no  other  place  to  put  them — sent 
all  these  collections  to  the  Smithsonian' Institution,  which 
building,  large  as  it  is,  is  very  much  lumbered  up  by  them. 
If  you  keep  them  there,  they  will  be  compelled  to  turn  other 
collections  away.  There  is  no  room  to  receive  any  more. 
They  are  enormous  in  bulk  and  very  numerous.  It  is  desi- 
rable to  get  rid  of  them  ;  and  we  cannot  make  a  better  dis- 
position of  them  than  to  send  them  to  colleges  and  scientific 
institutions  which  have  already  collections  of  this  sort, 
though  imperfect.  It  is  a  very  remarkable  collection  of 
objects  of  natural  history.  There  is  no  desire  on  the  part 
of  the  institution  to  obtain  the  distribution  of  this  collec- 
tion. It  is  a  gratuitous  thing  on  their  part  altogether.  This 


THIRTY-SIXTH    CONGRESS,    1859-61.  657 

is  not  for  their  advantage  at  all,  except  so  far  as  it  will  re- 
lieve the  building  of  the  incumbrance  of  such  an  immense 
collection ;  and  yet  it  can  never  be  done  except  by  author- 
ity of  law.  This  is  the  first  occasion  on  which  it  has  been 
asked. 

Mr.  HUNTER.  I  have  no  idea  that  this  is  to  the  advantage 
of  the  Smithsonian  Institution.  I  believe  the  object  of  the 
amendment  is  a  good  one;  but  why  not  allow  them  to  give 
these  things  to  those  that  may  apply  ?  Why  appropriate 
money  for  the  purpose  of  distributing  them  ?  Why  not 
allow  them  to  give  them  to  those  who  may  apply,  according 
to  their  judgment?  That  would  throw  the  expense  upon 
those  who  received  them.  But  if  we  once  begin  with  this 
appropriation  I  am  afraid  we  shall  go  on  distributing  these 
collections  just  as  we  do  the  seeds  at  the  Patent  Office. 

Mr.  PEARCE.  A  large  part  of  this  appropriation  is  intended 
for  the  construction  of  cases  to  receive  such  portions  of  the 
collections  as  may  be  retained  by  the  Government.  The 
expense  of  their  distribution  will  be  very  small  indeed.  We 
do  not  mean  to  pay  the  expenses  of  their  distribution.  They 
will  be  paid  by  the  institutions  to  whom  they  go. 

Mr.  FESSENDEN.  Of  course  this  is  only  an  amendment  to 
the  preceding  one.  Was  the  other  amendment  struck  out? 

Mr.  PEARCE.  Yes,  sir;  I  think  so. 

Mr.  FESSENDEN.  I  will  inquire  whether  the  amendment 
proposed  in  the  two  hundred  and  twentieth  line,  to  strike 
out  the  words  "and  distribution,"  after  the  word  "preser- 
vation" has  been  acted  on. 

The  PRESIDING  OFFICER.  The  Chair  is  informed  by  the 
Secretary  that  that  amendment  has  not  been  acted  on,  and. 
will  now  put  the  question  on  the  amendment  to  strike  out, 
inline  two  hundred  and  twenty,  after  the  word  "preserva- 
tion," the  words  "and  distribution,"  so  that  the  clause  will 
read : 

For  preservation  of  the  collections  of  the  exploring  and  surveying  expe- 
ditions of  the  Government,  $4,000. 

Mr.  GRIMES.  I  apprehend  there  is  not  a  college  or  mus- 
eum in  the  land  but  would  be  willing  and  anxious  to  have 
the  opportunity  to  come  here  to  the  Smithsonian  Institution, 
and  take  its  proportion  of  these  fossils  or  specimens 

The  PRESIDING  OFFICER.  Will  the  Senator  from  Iowa 
allow  the  Chair  to  state  that  the  amendment  which  has  just 
been  read  precedes  the  one  under  consideration,  and  the 
Senate  should  pass  on  that  first;  and  then  the  subject  of 
remark  to  which  the  Senator  from  Iowa  is  directing  his 
attention  would  be  appropriate. 
42 


658  CONGRESSIONAL   PROCEEDINGS. 

Mr.  HUNTER.  The  proposition  is  to  strike  out  one,  and 
insert ;  so  that  now  is  the  time  to  speak  upon  it. 

Mr.  FESSENDEN.     Not  at  all. 

The  PRESIDING  OFFICER.  No,  sir;  this  precedes  the  other. 
The  question  is  on  the  adoption  of  the*  amendment  last  read. 

Mr.  HUNTER.  Is  that  an  amendment  on  which  we  can 
come  at  this  question? 

The  PRESIDING  OFFICER.  No,  sir ;  it  is  the  amendment 
that  precedes  it. 

Mr.  GRIMES.  It  is  the  amendment  in  line  two  hundred 
and  twenty,  I  understand. 

The  PRESIDING  OFFICER.  The  Secretary  will  report  the 
amendment. 

The  Secretary  again  read  it.  On  page  10,  line  two  hun- 
dred and  twenty,  to  strike  out  the  words,  u  and  distribu- 
tion;" so  that  the  clause  will  read: 

Exploring  Expedition. — For  preservation  of  the  collections  of  the  explor- 
ing and  surveying  expeditions  of  the  Government,  $4,000. 

MR.  PEARCE.  These  words  were  improperly  put  in.  That 
appropriation  is  the  .one  which  we  make  annually.  These 
collections  were  all  in  the  Patent  Office,  and  as  the  Depart- 
ment of  the  Interior  wanted  the  Patent  Office  for  other  pur- 
poses, provision  was  made  by  law  for  transferring  these 
collections  to  the  Smithsonian  Institution,  the  Government 
paying  the  expense.  The  annual  expense  is  about  four 
thousand  dollars.  By  a  mistake  the  word  "distribution" 
was  put  in  the  bill  as  it  came  from  the  House  of  Representa- 
tives. This  money  is  wanted  for  the  preservation  of  the 
collections,  and  not  for  their  distribution  ;  and  therefore  we 
move  to  strike  out  the  words  "  and  distribution." 

The  motion  to  strike  out  was  agreed  to. 

The  Secretary  read  the  next  amendment  of  the  Committee 
on  Finance ;  which  was  to  strike  out  line  two  hundred  twen- 
ty-three to  line  two  hundred  and  twenty-six,  inclusive,  in 
the  following  words : 

"  For  the  preservation  of  the  collections  of  the  exploring  and  surveying 
expeditions  of  the  Government,  and  the  construction  of  suitable  cases  to 
receive  said  collections,  $6,000." 

Mr.  GRIMES.     Mr.  President — 

M  r.  FESSENDEN.  Striking  out  these  words  will  accomplish 
the  Senator's  purpose. 

Mr.  GRIMES.  I  do  not  know  that.  The  bill,  as  it  came 
from  the  House  of  Representatives,  furnished  an  appropria- 
tion for  the  preservation  of  these  things.  That  I  am  willing 
shall  be  done ;  but  I  am  unwilling  that  a  distribution  shall 


THIRTY-SIXTH    CONGRESS,    1859-61.  659 

\>e  made  by  which  these  articles  are  to  be  distributed  over 
the  country  without  Congress  specifying  the  manner  in 
which  they,  shall  be  distributed.  I  want  to  know  how  they 
are  to  be  distributed.  I  am  content  that  they  should  be 
distributed;  and  I  think,  if  there  is  an  excess  of  them 
here,  they  should  be  distributed  in  some  way,  either  by  al- 
lowing persons  and  institutions  in  different  .portions  of  the 
country  to  come  here  and  obtain  them;  or  else,  if  you  see 
fit  to  do  so,  allowing  the  superintendent  of  the  institution  to 
distribute  them;  but  he  should  not  be  permitted  to  distrib- 
ute them  on  any  principle  of  favoritism ;  as,  I  fear,  may  be 
the  case,  unless  you  provide  in  the  law  specifically  in  what 
manner  they  shall  be  distributed.  For  instance,  we  might 
say  that  one  institution  in  each  State,  or  two  institutions  in 
each  State,  should  be  furnished  with  these  specimens,  or 
that  they  should  be  distributed  to  certain  specified  institu- 
tions; but  I  am  unwilling  to  leave  the  matter  entirely  to 
the  discretion  of  the  Secretary  of  the  Interior,  or  the  Super- 
intendent of  the  Smithsonian  Institution. 

Mr.  FESSENDEN.  My  friend  from  Iowa  is  a  little  too  fast. 
If  he  will  look  at  this  amendment,  he  will  find  that  it  is 
merely  to  strike  out  the  words  in  lines  two  hundred  and 
twenty-three,  two  hundred  and  twenty-four,  two  hundred 
and  twenty-five,  and  two  hundred  and  twenty-six,  for  which 
other  words  are  to  be  substituted.  If  these  words  be  stricken 
out,  and  the  others  be  not  substituted,  he  accomplishes  his 
object.  The  question  he  is  debating  is  really  the  substitu- 
tion, which  is  simply  to  put  in  this  clause  in  a  more  definite 
form.  There  can  be  no  objection  to  striking  out  these 
words. 

Mr.  HUNTER.  The  Senator  from  Iowa  will  accomplish 
his  present  purpose  if  we  should  refuse  to  strike  out,  and 
leave  the  clause  as  it  stands.  The  difference  between  the 
two  is,  that  the  amendment  proposes  to  distribute  as  well  as 
to  preserve  these  collections,  and  the  words  proposed  to  be 
stricken  out  merely  provide  for  the  preservation. 

Mr.  FESSENDEN.  The  provision  above,  which  has  been 
already  adopted,  makes  all  the  appropriation  necessary  to 
preserve  the  collections.  Then  we  come  to  the  clause  which 
provides  for  the  distribution,  and  that  it  is  proposed  to  strike 
out  and  to  insert  a  redraft  of  the  provision  in  another  form. 
The  first  paragraph  applies  to  the  preservation. 

Mr.  HUNTER.  Then  the  plan  would  be  to  vote  for  striking 
out,  and  to  vote  against  inserting  what  it  is  proposed  to  insert. 

Mr.  FESSENDEN.  There  is  no  objection  to  appropriating 
the  $4,000  for  the  preservation.  That  is  done.  That  is 


660  CONGRESSIONAL   PROCEEDINGS. 

necessary.  Then  comes  for  the  preservation  again.  That 
is  a  mistake  ;  and  therefore  the  clause  was  redrafted  by  the- 
committee,  so  as  to  provide  for  the  distribution.  We  do 
not  want  to  provide  once  more  for  preserving  the  collections- 
that  are  to  be  kept  there,  and  therefore  these  words  ought 
to  be  stricken  out. 

Mr.  HUNTER.  I  say  strike  out  these  words;  and  then,  if 
you  oppose  the  distribution,  vote  against  the  amendment? 
which  proposes  to  insert  the  other  words. 

Mr.  FESSENDEN.  That  is  precisely  what  I  am  proposing- 
to  the  Senator  from  Iowa;  to  let  these  words  be  stricken 
out,  and  then  bring  up  the  question  in  that  way. 

Mr.  PEARCE.  I  should  like  to  say  to  the  Senator  from  Iowa 
that  there  are  collections  enough  to  supply  every  college- 
and  every  scientific  institution  interested  in  such  matters  in 
the  country,  and  our  intention  is  to  supply  the  whole  of 
them;  there  cannot  be  any  favoritism ;  but  we  must  make 
some  small  appropriation  for  it,  although  we  do  not  propose- 
to  pay  the  transportation.  It  would  not  do,  for  example,  to- 
let  the  president  of  a  college  come  here  and  select  just  what 
he  would  pick  and  carry  away.  That  would  produce  the- 
very  effect  which  the  Senator  is  so  desirous  of  avoiding. 
One  institution  would  get  too  much,  perhaps.  Somebody 
must  be  employed  not  only  to  arrange  these  objects  of  natural- 
history  and  classify  them,  but  also  to  put  aside  into  separate- 
parcels  the  portions  which  are  to  be  distributed  to  the  different 
institutions.  For  that  we  are  to  pay.  The  Senator  can  guard 
against  the  Government  paying  the  expenses  of  transporta-^ 
tion  if  he  pleases,  by  making  an  amendment  to  it  in  this  formr 
"  provided  that  no  part  of  the  said  money  shall  be  expended  in 
transportation."  As  to  favoritism,  I  say  it  is  not  possible,, 
because  there  is  an  abundance  of  these  collections  to  answer 
the  calls  of  every  institution  in  the  country. 

Mr.  BRAGG.  I  think  the  difficulty  may  be  obviated  by  an 
amendment  which  I  have  prepared ;  though  I  suppose  my 
amendment  will  not  be  in  order  at  this  time,  as  I  understand 
there  is  an  amendment  pending  to  the  amendment. 

The  PRESIDING  OFFICER.  The  question  now  is  on  striking 
out. 

Mr.  FESSENDEN.  On  striking  out  what  nobody  objects  to 
striking  out. 

Mr.  BRAGG.  This,  I  think,  will  accord  with  the  idea  of 
the  Senator  from  Maryland,  to  follow  the  amendment  offered 
by  the  committee : 

"  Such  distribution  to  be  only  to  institutions  willing  to  receive  the  same,, 
and  at  their  own  expense." 


THIRTY-SIXTH    CONGRESS,    1859-61.  661 

The  PRESIDING  OFFICER.    The  question  is  on  striking  out. 

Mr.  HALE.  Is  it  in  order  to  move  to  strike  out  more 
^vords  with  those  which  the  committee  propose  to  strike  out? 

The  PRESIDING  OFFICER.  Perhaps  it  would  he  in  order 
..as  an  amendment  to  the  amendment ;  but  the  Chair  would 
-suggest  to  the  Senator  that  it  would  be  better  to  take  the 
-question  on  striking  out  the  words  which  the  committee 
propose  to  strike  out. 

Mr.  HALE.     I  agree  to  that. 

The  PRESIDING  OFFICER.  The  question  is  on  striking  out 
"the  words  which  have  been  read. 

The  motion  to  strike  out  was  agreed  to. 

The  PRESIDING  OFFICER.  The  question  now  is  on  the 
r.amendment  of  the  Committee  on  Finance,  to  insert  the  fol- 
lowing words : 

For  the  distribution  of  the  collections  of  the  exploring  and  surveying 
•  expeditions  of  the  Government,  and  the  construction  of  additional  cases  to 
receive  such  part  of  said  collections  as  may  be  retained  by  the  Government, 
$6,000. 

The  Senator  from  North  Carolina  moves  to  amend  the 
.amendment  by  adding  to  it : 

Such  distribution  to  be  only  to  institutions  willing  to  receive  the  same, 
-and  at  their  own  expense. 

The  question  is  on  the  amendment  to  the  amendment. 
Mr.  HALE.     I  am  opposed  to  the  whole  of  this,  from  be- 

fi  lining  to  end.  I  have  been  in  Congress  I  do  not  know 
ow  many  years;  but  about  as  long  as  the  Smithsonian  In- 
stitution has  been  in  existence.  I^have  devoted  some  time 
-every  year,  more  or  less,  to  finding  out  what  on  earth  that 
Smithsonian  Institution  was  for;  I  have  had  friends  who 
have  visited  Washington,  who  have  told  me  that  they  were 
going  to  examine  it  to  find  out;  and  I  have  asked  them  re- 
peatedly, if  any  of  them  had  found  it  out,  to  tell  me.  The  New 
York  Tribune — I  do  not  often  quote  from  that  paper;  for 
:it  is  never  very  complimentary  to  me,  any  more  than  it  is 
to  the  Smithsonian  Institution — said  that  it  was  a  sort  of 
lying-in-hospital  for  literary  valetudinarians.  [Laughter.] 

:But,  sir,  it  has  a  fund  I  believe  of  $500,000 

Mr.  GRIMES.  Six  hundred  thousand  dollars. 
Mr.  HALE.  Six  hundred  thousand  dollars,  making  an 
income,  then,  of  $36,000  a  year  "for  the  increase  and  diffu- 
sion of  knowledge  among  men,"  I  believe.  So  far  as  I  am 
concerned  in  the  lot  of  humanity,  they  have  never  distributed 
knowledge  enough  to  me  to  let  me  know  what  the  thing  is 
for,  or  what  it  does.  In  addition  to  the  $36,000  which  it 
lias  of  its  annual  income  from  its  funds,  you  propose  now  to 


662  CONGRESSIONAL'  PROCEEDINGS. 

appropriate  $10,000  more  for  preserving  the  collections  of 
the  exploring  and  surveying  expeditions  of  the  Government, 
and  for  the  distribution  of  the  collections  of  the  exploring 
expeditions,  and  the  construction  of  additional  cases  to  re- 
ceive such  collections  as  may  be  retained  by  the  Govern- 
ment. We  are  to  appropriate  $10,000  to  this  institution,  to 
keep  and  distribute  these  collections,  in  addition  to  their 
annual  income  of  $36,000.  I  arn  opposed  to  the  whole  of 
it.  I  think  it  is  wrong.  1  think  the  institution  itself  is 
wrong,  and  based  upon  one  of  the  grossest  misconceptions 
of  plain  English  that  any  institution  ever  was. 

Old  Mr.  ISmithson — if  the  Senate  do  not  want  to  hear  me,. 
I  will  stop ;  I  know  it  is  not  a  very  good  time  to  speak, 
["Go  oil"] — old  Mr.  Smithson,  I  suppose,  was  a  man  of 
scientific  attainments — no  doubt  of  that — a  friend  of  science ; 
a  lover  of  science.  He  had  seen  the  colleges  and  the  uni- 
versities of  England  hitched  on  to  the  Church  and  (ho  Stat<-. 
The  yoking  together  of  these  three  he  thought  was  not  favor- 
able to  the"  advancement  of  science  in  the  world.  Then,  sir, 
he  had  in  his  brain  the  sublime  conception  of  founding  a 
democratic  university;  one  that  should  be  free  from  the 
corruptions  of  the  Church  and  State,  as  they  existed  in  Eng- 
land. Looking  abroad  over  the  face  of  the  earth,  t<»  see  a 
place  where  this  great  and  benevolent  idea  might  bo  carried 
out,  he  selected  the  United  States  as  a  place  where  demo- 
cratic institutions  prevailed,  and  he  gave  this  liberal  fund 
that  he  might  found  an  institution  under  the  benign  influ- 
ence of  democratic  institutions,  that  should  be  devoted  to 
the  increase  and  diffusion  of  knowledge  among  men,  instead 
of  having  it  harnessed  to  Church  and  State.  Well,  sir,  our 
Government  undertook  the  trust;  and  a  grosser  abuse  of  a 
trust  never  was  perpetrated  \on  the  earth.  Some  of  the 
wisest  men  we  had  at  that  day  thought  there  was  too  vague 
a  meaning  in  that  phraseology  which  said  that  it  was  to  be  for 
the  increase  and  diffusion  of  knowledge  among  men.  They 
forgot  that  men  were  made  of  boys;  and  they  thought  that 
if  they  devoted  it,  as  poor  old  Smithson  intended  it  should 
be,  for  the  education  of  boys,  under  the  influence  of  such 
an  institution  as  he  designed,  it  would  not  answer  his  pur- 
pose, because  he  intended  it  for  the.  increase  and  diffusion 
of  knowledge  "  among  men  ;  "  and  so,  they  have  got  up  the 
thing  they  have.  I  will  not  characterize  "it,  for  1  confess  I 
do  not  know  what  it  is.  I  saw  an  advertisement  in  the  Na- 
tional Intelligencer  that  there  was  to  be  an  exhibition  there 
at  twenty-five  cents  a  ticket,  or  perhaps  fifty  cents.  That 
is  for  the  "increase  and  diffusion  of  knowledge  among  men."' 


THIRTY-SIXTH    CONGRESS,    1859-61.  663 

In  addition  to  perverting  Mr.  Srnithson's  benevolent  and  sa- 
gacious purposes,  defeating  one  of  the  greatest  ideas  that 
ever  entered  into  the  head  of  a  benevolent  scholar — instead 
of  making  such  an  institution  as  he  wanted,  you  have 
founded  the  great  humbug  of  the  land ;  and  you  propose 
now,  in  addition  to  the  $36,000,  to  pay  them  $10,000  out  of 
the  public  Treasury.  I  propose  to  strike  it  all  out.  Now, 
I  am  prepared  to  be  castigated  by  the  Senator  from  Mary- 
land [Mr.  Pearce]  just  as  much  as  he  pleases. 

Mr.  TEN  EYCK.  Kather  than  have  this  discussion  con- 
tinued on  the  merits  of  the  Smithsonian  Institution,  I  move 
that  the  Senate  do  now  adjourn.  ["  On  no !  "] 

Mr.  FESSENDEN.  We  shall  have  it  to-morrow  instead  of 
to-day. 

Mr.  RICE.  The  understanding  was,  that  we  should  sit 
here  until  five  o'clock,  and  then  take  a  recess  until  seven 
o'clock. 

Mr.  FOSTER.  I  would  suggest  that  the  motion  cannot  be 
entertained.  Under  the  order  of  the  Senate  last  night,  the 
Senate  to-day  was  to  take  a  recess  from  five  o'clock  to  seven, 
and  an  adjournment  now  would  override  the  order  of  the 
Senate  yesterday,  and  would  be  an  adjournment  until  to- 
morrow. Therefore,  such  a  motion,  I  think,  cannot  be  en- 
tertained. 

Mr.  TEN  EYCK.     I  withdraw  the  motion. 

Mr.  PEARCE.     Mr.  President — 

Mr.  BIGLER.  There  is  no  difficulty  in  taking  a  recess 
now. 

The  PRESIDING  OFFICER.  The  Senator  from  Maryland  is 
entitled  to  the  floor. 

Mr.  PEARCE.  I  shall  not  consume  much  of  the  time  of  the 
Senate  by  replying  to  the  attack  which  the  Senator  from 
New  Hampshire  has  made  on  the  Smithsonian  Institution. 
Some  years  ago  the  plan  of  that  institution  was  the  subject 
of  deliberate  investigation  by  a  committee  of  the  Senate. 
It  was  discussed  here  in  this  body.  It  was  referred  to  the 
Committee  on  the  Judiciary,  and  the  Committee  on  the  Ju- 
dicary  approved  the  plan  of  the  institution  for  the  increase 
and  diffusion  of  knowledge  among  men.  The  Senator 
from  New  Hampshire  has  not  given  us  any  great  reason  to 
respect  his  authority  on  this  subject,  because  he  started  out 
with  a  confession  that  he  knew  nothing  about  it;  and,  con- 
fessing so  much,  I  take  it  that  the  Senate  will  take  him  at 
his  word  and  estimate  the  value  of  his  remarks  at  just  what 
he  himself  admits  them  to  be  worth.  It  is  enough,  sir,  that 


.      CONGRESSIONAL    PROCEKI>IX«;>. 

the  men  who  composed  the  first  Board  of  Regents,  of  which 
I  was  not  one,  were  among  the  best  men  in  the  country, 
and  that  they  established  this  institution  upon  the  plan  by 
which  it  is  now  known,  and  which  has  received  the  delib- 
erate assent  of  the  Committee  of  the  Judiciary  of  the  Sen- 
ate, and  of  the  Senate  itself.  How  the  Senator  gets  at  his 
theory  of  Smithson's  intentions  I  do  not  know.  If  he  lias 
ever  read  Smithson's  will  he  will  not  find  one  word  of  all 
that  he  has  said  in  it;  and  we,  who  do  know  something 
about  the  history  of  Smithson,  know  the  peculiar  reasons 
which  induced  him  to  give  this  legacy  to  the  United  States. 

But,  sir,  the  .Senator  has  remarked  about  an  exhibition 
given  at  the  institution  a  few  days  since.  I  wish  to  explain 
that.  It  might  be  supposed  by  members  of  the  Senate  that 
this  twenty-five  cents  a  head  was  a  fee  to  the  institution. 
No  such  thing.  The  Smithsonian  Institution  has  H  remark- 
ably fine  lecture-room,  and  it  is  very  often  applied  for  by 
individuals  who  wish  to  lecture  there.  In  no  case  is  it  given 
to  an  individual  who  charges.  The  only  case  in  which  any 
one  is  allowed  to  charge  is  where  the  object  is  charitable  or 
religious.  Church  congregations  have  sometimes  applied 
for  it  when  a  lecture  was  to  be  delivered,  and  they  have 
been  allowed  in  that  case  to  use  the  hall,  and  they  them- 
selves charge  twenty-five  cents  for  each  hearer  of  the  lec- 
ture— making  a  fund  for  the  building  of  their  church,  or  for 
the  charitable  object  which  is  to  be  subserved,  whatever  it 
may  be.  These  are  the  only  cases  where  a  charge  is 
made.  The  lectures  of  the  Smithsonian  Institution  are  al- 
was  free ;  and  I  believe  they  are  a  little  more  valuable  than 
most  lectures  in  the  country  for  which  people  pay  very  will- 
ingly. 

Now,  so  far  as  the  Government  giving  §10,000  a  year  to 
this  institution  is  concerned,  it  is  an  entire  mistake.  The 
Smithsonian  Institution  accommodated  and  obliged  the 
Government  by  admitting  within  their  walls  these  collec- 
tions, for  which  the  Government  had  no  proper  place,  the 
Government  only  paying  the  expense  of  their  preservation; 
that  is  all.  The  Smithsonian  Institution  does  not  derive  any 
value  to  its  funds  from  these  appropriations  by  the  Govern- 
ment. So  in  regard  to  the  distribution  of  these  enormous 
collections,  the  institution  is  not  benefitted  a  fraction.  All 
we  want  is  a  little  appropriation  to  defray  the  expense 
which  the  institution  must  incur  in  classifying  and  separat- 
ing these  specimens  of  natural  history  for  distribution.  I 
do  not  object  to  the  amendment  of  the  Senator  from  North 


THIRTY-SIXTH   CONGRESS,   1859-61.  665 

Carolina;  and  I  purposely  refrain  from  much  that  I  might 
say,  that  I  may  not  consume  the  time  of  the  Senate. 

Mr.  CAMERON.  I  am  one  of  those  who  were  here  at  the 
time  of  the  reception  by  this  Government  of  the  Smithsonian 
legacy,  and  one  of  those  who  voted  to  receive  that  donation 
from  a  philanthropic  man  in  England,  who  died  and  left  us 
his  money.  I  recollect  very  well  that  the  arguments  of 
those  who  were  opposed  to  receiving  it  were,  that  it  would 
be  a  constant  tax  on  us ;  that  the  giving  to  us  of  those 
-$500,000  would  result  in  the  expenditure  of  millions ;  and 
all  the  friends  of  the  institution,  amongst  them  myself,  said, 
"No;  we  will  take  this  $500.000,  and  get  the  best  we  can 
out  of  it."  From  that  time  to  now  I  have  always  opposed 
any  appropriation  for  it.  If  the  institution  cannot  sustain 
itself,  let  it  fall.  I  believe  it  is  doing  good.  I  do  not  want 
to  make  it  one  of  those  things  that  shall  constantly  eat  into 
the  vitals  of  this  Government.  This  is  a  Government  here 
by  itself,  controlling  itself,  and  controlling  many  other 
things  around  it.  My  feelings  to  it  are  nothing  but  kind; 
but  I  think  it  ought  to  sustain  itself,  and  I  shall  vote  against 
every  appropriation  for  it.  I  rise,  however,  only  to  say  a 
word  in  regard  to  a  remark  made  by  the  Senator  from 
Maryland,  who  is  almost  always  right.  He  spoke  of  the 
ignorance  of  the  Senator  from  New  Hampshire  on  this  sub- 
iect,  I  simply  want  to  say  to  the  Senator  from  Maryland, 
that  the  best  book  we  have  ever  had  says  that,  whenever 
we  have  learned  our  own  ignorance,  we  are  nearest  wisdom. 

Mr.  FESSENDEN.  I  wish  to  correct  an  error  into  which 
my  friend  from  Pennsylvania  has  fallen;  and  I  think  my 
friend  from  New  Hampshire,  also,  is  troubled  with  the  same 
•  difficulty.  This  is  not  anything  paid  to  the  Smithsonian 
Institution.  It  is  not  in  aid  of  their  fund.  It  has  nothing 
to  do  with  anything  connected  with  that  institution  in  any 
shape  or  form.  They  do  not  call  upon  us  for  anything  con- 
nected properly  with" the  institution,  to  render  them  any  aid 
in  anv  shape.  The  simple  matter  is  this:  we  have  a  large 
-collection  of  this  material,  coming  from  several  exploring 
.expeditions.  It  was  all  placed  at  the  Patent  Office  or  under 
,the  charge  of  the  Secretary  of  the  Interior  There  was 
-nobody  to  take  care  of  it;  there  was  nobody  to  arrange 
•it,  nobody  to  do  anything  with  regard  to  it;  it  was  turning 
out  to  be  utterly  useless,  of  no  good  to  the  Government; 
und  we  imposed  the  burden  on  the  Smithsonian  Institution. 
We  decreed  that  it  should  be  sent  there  and  should  be  exam- 
ined  there. 


CONGRESSIONAL    PROCEEDINGS. 

Mr.  MASON.     Against  their  will. 

Mr.  FESSENDEN.  And  against  their  will.  They  did  not 
ask  it.  It  was  a  burden  we  Imposed  upon  them ;  and  having 
sent  it  there,  we  have  made  an  appropriation,  heretofore, 
merely  of  enough  to  preserve  what  was  necessary  to  be  pre- 
served, and  to  pay  the  salary  of  a  person  who  was  to  take 
charge  of  it,  fix  the  room  and  take  care  of  it — $4,000,  I 
think,  each  year;  and  it  was  found,  on  a  careful  examina- 
tion (I  was  on  the  committee  when  it  was  first  made)  to  be 
a  reasonable  provision. 

Now,  sir,  there  is  a  very  large  number  of  these  duplicates, 
and  it  is  proposed  that  those  also  shall  be  arranged  by  these 
persons ;  and  after  they  are  arranged,  and  it  is  found  dis- 
tinctly what  is  best  to  keep,  the  rest  shall  be  distributed 
amongst  the  institutions  of  the  country.  It  is  not  for  the 
benefit  of  the  Smithsonian  Institution,  but  for  the  benefit  of 
the  institutions  of  the  country.  We  called  on  them  to  do 
the  work;  and  gentlemen  get  up  here  and  argue  that  we 
should  compel  them  to  do  the  work  and  not  pay  them  for 
the  labor,  and  compel  them  also  to  pay  their  own  expenses. 
It  is  simply  providing  a  mode  by  which  we  may  carry  out 
our  own  objects  and  our  own  purposes  through  their 
agency.  The  labor  that  they  have  given  to  this  work,  and 
the  services  they  render,  are  altogether  gratuitous;  and  cer- 
tainly they  ought  not  to  be  abused  for  doing  what  we  asked 
them  to  do  with  reference  to  matters  which  we  have  placed 
under  their  control,  without  their  requesting  us  to  do  it. 
That  is  the  simple  fact  about  this  matter.  It  has  nothing  to 
do  with  the  institution. 

Now,  sir,  as  to  the  Smithsonian  Institution  itself,  what  it 
has  done  for  science,  and  what  it  is  doing  for  science.  I  have 
no  doubt  that  it  is  doing  much;  how  much,  I  do  not  know. 
I  confess  the  same  ignorance  that  has  been  confessed  by  my 
friend  from  New  Hampshire,  with  the  addition  that  I  feel 
ashamed  I  do  not  know  more  about  it.  I  ought  to  know 
more  about  it.  I  have  only  to  leave  my  other  avocations, 
which  prevent  me  from  knowing  what  I  want  to  know.  It 
is  my  own  fault. 

Mr.  DOUGLAS.  I  desire  to  add  but  a  word  to  what  has 
been  so  well  said  by  the  Senator  from  Maine.  This  burden 
was  imposed  upon  the  Smithsonian  Institution,  not  only  with- 
out their  request  but  against  their  wish.  These  objects  were 
collected  by  the  exploring  expeditions,  and  deposited  in  the 
Patent  Office.  They  were  kept  there  and  preserved  as  ob- 
jects of  great  curiosity  and  great  interest,  until  they  occu- 


THIRTY-SIXTH    CONGRESS,    1859-61.  667 

pied  so  large  a  space  that  the  Government  could  not  afford 
the  room.  They  needed  the  room,  and  had  no  place  to  put 
them  in.  The  Smithsonian  Institution  happened  to  have- 
vacant  space;  but  these  collections  were  not  connected  with 
the  objects  of  that  institution.  The  institution  was  willing 
to  give  them  the  room  free  of  rent.  They  were  willing  to 
take  charge  of  the  collection,  if  the  annual  expenses  of  the 
burden  thus  imposed  was  borne  by  the  Government.  It  was- 
accepted  as  a  great  favor  by  the  Government.  I  do  thinkr 
if  they  are  worthy  of  our  encouragement,  we  ought  to  pay 
the  actual  expenses,  no  more,  of  taking  charge  of  these  ob- 
jects of  curiosity.  Probably  there  is  no  object  of  greater 
curiosity  to  the  visitor  and  the  stranger  who  comes  to  YVash- 
ino-ton,  than  this  museum  thus  collected;  and  inasmuch  a* 
they  would  be  an  attraction  to  the  institution,  they  were 
wil'lino-  to  accept  them;  but  the  objects  themselves  belonged 
to  the°Government.  The  Smithsonian  Institution  is  giving 
the  Government  a  place  in  which  to  keep  them.  I  think, 
therefore,  that  we  are  bound  by  every  consideration  ot  pub- 
lic policy  and  duty  to  make  this  appropriation.  I  will  not 
occupy  time,  for  I  believe  it  will  be  voted  almost  unam- 


r.     I  must  say  a  word  in  reply  to  what  ha* 
been  said  by  the  Senator  from  Maine  and  the  Senator  froni 
Illinois      I  do  not  believe  that  they  have  studied  this  sub- 
iectsowell  as  they  usually  study  questions^    It  occurs 
my  mind  that  all  this  labor  which  we  have  imposed  upon 
the  Smithsonian  Institution  they  have  invited 
ber  when  this  exploring  expedition  came  in,  it  was  said 
specimens  were  brought  home  that  would  ^valueless  to 
the  country,  unless  we  put  them  in  the  Patent  Othce.  After 
a  while     omebody  came,  and  asked  that  they  should  be 
tiven  to  the  Smithsonian  Institution    because,  it  was  said, 
ft  would  be  an  attraction  to  that  bui  ding,  take  people  there 
make  it  a  credit  to  the  country  ;  and  we  voted  tor  it.     Alter 
Awhile  they  asked  us  to  give  them  a  certain  number  of 
books    which  scientific  persons  had  written,  and  we  had 
i  for  the  printing  of.     The  rule  used  to  be  that  all  those 
&  were  SPe  t  to  Congress,  and  distributed  by  members 
of  Confess;  but  gentlemen  here  said  we  ought  not  to  dis- 
tribute  them  •  we  should  give  them  to  the  Department  of 
thelnteK    Then  we  gave  them  to  the  Patent  Omce  ;  ami 
L  to   he  Sniithsonian  Institution;  and  now  these  gentle- 
menlskttoiay  them  for  distributing  those  very  thing. 
which  they  invited  us  to  give  them. 


.£68  CONGRESSIONAL    PROCEEDINGS. 


M.  PEARCE.  I  will  ask  the  Senator  to  specify  what  scien- 
tific books  the  institution  has  ever  asked  us  to  give  them  ? 

Mr.  CAMERON.  When  I  think  the  gentleman  has  a  right 
to  ask  a  question,  I  will  answer  it.  I  will  say  to  the  gentle- 
man now  that  I  want  this  institution  to  sustain  itself.  There 
is  no  reason  why  we  should  appropriate  money  from  year  t<> 
year  to  keep  up  that,  a  bit  more  than  that  you  should  build. 
<up  a  scientific  institution  in  the  village  where  I  live.  What 
,  right  has  that  institution  to  come  here,  and  what  right  have 
we  to  expend  money  to  keep  up  an  institution  for  the  benefit 

•  only  of  those  who  live  by  it?  The  Government  has  no  interest 
in  it.    The  gentlemen  who  get  their  salaries,  and  who  live  on 
the  money  which  old  Smithson  gave  us,  have  an  interest  in 
it;  but  we  have  none.     I  shall  vote  against  it,  if  nobody 
else  does. 

Mr.  DOUGLAS.  I  think  it  is  unfair  for  my  friend  from 
Maryland  to  be  putting  questions  to  my  friend  from  Penn- 
sylvania, for  he  is  evidently  joking  in  what  lie  says.  lie  is 
not  serious  when  he  talks  about  the  request  of  the  institu- 
tion made  to  Congress  for  this  appropriation  and  that  appro- 
priation. It  is  contrary  to  the  known  history  of  the  institu- 
tion, and  to  the  known  history  of  the  country.  It  is  a  very 
good  joke  on  the  part  of  the  Senator  from  Pennsylvania; 
but  I  really  think  the  Senate  are  not  going  to  vote  down 
this  amendment  on  the  strength  of  that  joke. 

Mr.  CAMERON.  I  will  merely  say,  if  the  gentlemen  of  that 
institution  do  not  want  to  have  the  charge  of  these  things. 
let  them  give  them  up.  What  do  we  care  about  stuffed 
«nakes,  alligators,  and  all  such  things.  "[Laughter/] 

The  PRESIDING  OFFICER.  The  question  is  on  the  amend- 
ment offered  by  the  Senator  from  North  Carolina  to  the 
.amendment  of  the  committee. 

The  amendment  to  the  amendment  was  agreed  to. 

The  PRESIDING  OFFICER.  The  question  now  recurs  on  the 
amendment  as  amended. 

Mr.  KING.     What  is  the  amendment  as  amended  ? 

The  PRESIDING  OFFICER.     The  Secretary  will  read  it. 

The  Secretary  read  it,  as  follows  : 

For  the  distribution  of  the  collections  of  the  exploring  and  survey  expe- 

•  ditions  of  the  Government,  and  the  construction  of  additional  cases  to  re- 
ceive such  part  of  said  collections  as  may  be  retained  by  the  Government, 
$6,000  ;  such  distribution  to  be  made  to  institutions  willing  to  receive  the 
same  at  their  own  expense. 

Mr.  FESSENDEN.  That  refers  merely  to  the  transpor- 
tation. 


THIRTY-SIXTH    CONGRESS,   1859-61. 

Mr.  GRIMES.     What  is  the  appropriation  of  $6,000  for? 
Mr.  FESSENDEN.     For  putting  them  in  order  and  arrang- 
ing them. 

Mr.  CAMERON.     I  move  to  strike  out  the  appropriation. 
I  have  no  doubt  if  these  things  are  of  any  use,  scientific 
people  will  be  glad  to  get  them,  and  lam  willing  to  let  them-v 
have  them,  if  they  will  take  them.  f 

Mr.  BICE.  The  question  strikes  me  in  two  different  as- 
pects, a  personal  and  an  official  one.  If  we  have  a  right  to 
make  an  appropriation  for  distributing  stuffed  snakes,  and 
the  various  other  things  that  may  be  collected  and  brought 
here,  why  have  we  not  a  right  to  make  an  appropriation  for 
distributing  the  models  in  the  Patent  Office ;  or  distributing 
hoes,  plows,  and  other  implements  ?  This  has  all  grown 
out  of  an  infraction,  in  my  opinion,  of  the  Constitution,  by- 
distributing  seeds.  We  must  stop  somewhere.  If  you  can. 
do  this  under  the  Constitution,  what  can  you  not  do  ? 
know  that  the  Smithsonian  Institution  has  done  great  good 
for  the  country.  I  am  applied  to  daily,  for  books  published 
by  it,  and  I  know  that  they  are  valuable  ;  but  it  is  not,  un- 
der the  Constitution,  a  Government  institution.  Let  us 
stop  somewhere,  and  I  think  we  might  as  well  stop  here  as 
anywhere. 

Mr  HALE.  I  think  so  too.  I  should  like  the  country  to 
know'  how  much  we  have  spent  for  printing  pictures  of  bugs, 
reptiles,  &c.,  that  these  exploring  expeditions  have  brought, 
here  We  published  eleven  or  twelve  volumes  of  the  ex- 
ploring expedition,  illustrated  with  pictures  of  bugs,  snakes, 
and  reptiles.  It  has  cost  us  millions  of  dollars  to  print  those 
pictures,  and  now  we  are  going  to  spend  $10,000  to  distrib- 
ute them  after  spending  millions  to  print  pictures  of  them. 
The  thing  is  all  wrong,  sir. 

Mr  MASON.  Mr.  President,  I  have  been  for  many  years - 
one  of  the  regents  of  this  institution,  under  the  appoint- 
ment of  the  Senate,  in  connection  with  my  friend  from 
Maryland.  We  know  that  it  is  a  public  trust;  one  we 
think  of  a  sacred  character.  We  know  as  a  fact,  and  it 
appears  in  the  records  of  that  institution,  that  these  speci- 
mens of  natural  history,  sent  from  the  Patent  Office  to  the 
Smithsonian  Institution,  were  sent  there  ^f  *e  .remou- 
strances,  repeated  from  year  to  year  ot  that  ^titutioii 
and  if  either  the  Senator  from  Pennsylvania  or  he  Senator 
from  New  Hampshire,  or  any  gentleman  who  thinks  with 
them  would  introduce  an  amendment  to  this  bill  directing 


<570  CONGRESSIONAL    PROCEEDINGS. 


the  institution  to  throw  what  they  had  received  from  the 
Government  out  of  doors— just  put  it  out  of  doors,  and  let 
it  rot — I  will  vote  for  it.  It  belongs  to  the  Government, 
It  does  not  belong  to  the  institution.  It  has  no  business 
there  within  the  terms  of  the  trust ;  none  whatever.  It  was 
forced  upon  them  against  their  will ;  as  they  believe,  in  vio- 
lation of  the  trust  left  to  us  by  Smithson  ;  and  if  those 
gentleman  will  devise  any  mode  to  take  away  all  these 
specimens  of  natural  history  sent  there  by  the  Government, 
I  will  vote  for  it  cheerfully.  I  do  not  know  that  I  would  not 
consider  it  incumbent  upon  me,  for  the  purpose  of  getting 
rid  of  them,  if  the  Government  will  not  bear  the  exprnsr 
of  throwing  them  out  of  doors,  to  vote  it  out  of  the  funds 
of  the  institution. 

Mr.  CAMERON.  I  will  take  the  Senator  from  Virginia  at 
his  word,  as  tar  as  I  am  concerned,  and  say  let  them  throw 
them  out  of  doors.  They  are  good  for  nothing  there,  and 
they  are  good  for  nothing  out  of  doors.  Suppose  these 
gentlemen  were  to  come  here  now  asking  us  to  appropriate 
six  or  ten  thousand  dollars  to  distribute  through  this  country 
specimens  of  the  finest  arts  the  world  has  ever  produced, 
which  they  could  purchase  for  that  sum  of  money  in  Europe, 
would  not  everybody  vote  against  it  ?  There  is  not  a  man 
here  who  would  not  vote  against  a  proposition  to  bring  the 
finest  statuary  and  the  tinest  paintings — 

Mr.  MASON.  Will  the  Senator  allow  me  to  interrupt  him 
a  moment  ? 

Mr.  CAMERON.     Certainly. 
Mr.  MASON.     The  Senator  says  he  will  do  it. 
Mr.  CAMERON.     As  far  as  I  am  concerned. 
Mr.  MASON.     The  law  now  directs  that  these  objects  shall 
be  sent  to  the  Smithsonian   Institution.     Let  the  Senator, 
on  his  responsibility,  propose    to   repeal   that  law,  and   I 
will  vote  for  it. 

Mr.  CAMERON.     I  will  do  that  most  cheerfully. 
Mr.  MASON.     Well,  do  it  now. 

Mr.  CAMERON.  Sufficient  for  the  day  is  the  evil  thereof. 
I  will  bring  in  a  bill  to-rnorrow,  if  Senators  think  it  proper; 
but  we  are  discussing  this  question  now.  Here  is  an  appro- 
priation  of  $6,000  for  a  most  worthless  purpose;  and  what 
right  have  we  to  appropriate  it?  When  we  are  all  talking 
about  the  distresses  of  the  country;  when  we  do  not  know 
how  much  country  we  shall  have  in  a  few  days;  when  the 
Treasury  is  empty — not  a  dollar  to  pay  even  members  o1 
Congress,  to  pay  laborers  out  of  doors — we  are  to  appropri- 


THIRTY-SIXTH    CONGRESS,    1859-61.  671 

ate  six  or  ten  thousand  dollars  to  preserve  a  parcel  of  what 
you  call  scientific  specimens.  A  Senator  over  the  way  said 
they  were  toads  and  snakes,  and  I  have  no  doubt  they  are 
that  sort  of  thing.  [Laughter.]  They  are  no  use  to  anybody 
now  ;  they  have  served  their  day. 

I  am  tired  of  all  this  thing  called  science  here.  It  was 
only  the  other  day  we  made  another  appropriation  in  regard 
to  the  expedition  which  Captain  Wilkes  took  out  to  the  Pa- 
cific ocean.  We  have  paid  $1,000  a  volume  for  the  book 
which  he  published.  Who  has  ever  seen  that  book  outside 
of  this  Senate;  and  how  many  copies  are  there  of  it  in  this 
country  ?  We  have  spent  millions  in  that  sort  of  thing  for 
the  last  few  years,  and  it  is  time  it  should  be  stopped.  Now, 
the  only  way—  and  I  say  it  in  all  sincerity—  in  which  I  think 
this  Smithsonian  Institution  can  be  useful  to  the  country,  is 
by  living  within  its  means  ;  that  it  shall  not  ask  any  aid  of 
the  Government  at  all  ;  that  it  shall  not  rely  on  patronage, 
but  on  the  good  it  does,  and  the  benefit  it  confers,  to  sustain 
it  The  country  at  large,  and  the  people  of  this  country  will 
take  care  of  it,  if  it  is  worthy  to  be  taken  care  of;  but  it  they 
come  to  the  Legislature  every  year  asking  for  an  appropria- 
tion, it  must  sink.  As  a  friend  of  that  institution,  and  as  a 
friend  of  the  very  distinguished  and  able  and  pure  man  who 
is  at  the  head  of  it,  I  do  not  want  it  to  be  connected  with  tl 
Government  at  all.  0 

The  PRESIDING  OFFICER.  The  Chair  understands  the  ben- 
.ator  from  Pennsylvania  to  move  to  strike  out  the  appropria- 
tion contained  in  the  amendment. 

Mr.  CAMERON.     Yes,  sir. 

The  PRESIDING  OFFICER.  The  question,  then,  will  be  on 
the  amendment  to  the  amendment,  to  strike  out  the  appr< 

PI  MJ.°CAMERON  and  Mr.  HALE.     Let  us  have  the  yeas  and 
°  BINGHAM.     Why  cannot  we  take  a  vote  direct  on  the 


I.  have  no  objection  to  that.     I  withdraw 

.     I  hope  we  shall  have  the  yeas  and  nays  on 
tho  amendment  of  the  committee. 

The  PfcramiHG  OFFICER.    Does  the  Senator  from  Penn- 


. 
sylvania  withdraw  his  amendment? 


x  es,  on  •  ...   , 

The  PRESIDING  OFFICER.  The  question  then  wil  be  on 
the  amendment  of  the  committee  as  amended  on  motion  of 
the  Senator  from  North  Carolina. 


672  CONGRESSIONAL    PROCEEDINGS. 

Mr.  CAMERON.  I  desire  to  have  the  yeas  and  nays  taken 
on  that  question. 

The  yeas  and  nays  were  ordered. 

Mr.  HALE.  I  simply  want  to  call  the  attention  of  the 
Senate  to  the  fact  that  we  have  stricken  out  of  the  amend- 
ment, on  motion  of  the  Senator  from  North  Carolina,  all  the 
expenses  incurred  for  distribution;  and  now  you  propose  to 
give  $6,000  to  make  bug  cases  alone,  without  any  transpor- 
tation. 

Mr.  FESSENDEN.  I  will  suggest  that  it  is  now  within  four 
minutes  of  the  time  when  we  agreed  to  take  a  recess. 

Mr.  CAMERON.     Let  us  take  a  vote. 

The  question  being  taken  by  yeas  and  nays  on  the  amend- 
ment of  the  Committee  on  Finance,  as  amended,  resulted — 
yeas  29,  nays  6 ;  as  follows : 

YEAS— Messrs.  Anthony,  Bigler,  Bragg,  Chandler,  Clark,  Dixon, 
Douglas,  Durkee,  Fessenden,  Foot,  Foster,  Harlan,  Hemphill,  Johnson  of 
Arkansas,  Johnson  of  Tennessee,  Lane,  Latham,  Mason,  Nicholson,  Pearce, 
Polk,  Powell,  Sebastian,  Seward,  Simmons,  Sumner,  Ten  Eyck,  Wade,, 
and  Wilson— 29. 

NAYS — Messrs.  Cameron,  Grimes,  Hale,  King,  Rice,  and  Wilson — 6. 

So  the  amendment,  as  amended,  was  agreed  to. 

SENATE,  February  22,  1861. 
The  following  resolution  was  passed  : 

Resolved,  <j-c.,  That  the  vacancies  in  the  Board  of  Regents  of  the  Smith- 
sonian Institution  of  the  class  "other  than  members  of  Congress,"  be  filled 
by  the  appointment  of  William  L.  Dayton,  of  New  Jersey,  in  place  of 
Richard  Rush,  deceased ;  William  B.  Astor,  of  New  York,  in  place  of 
Gideon  Hawley,  whose  term  has  expired  ;  and  that  Cornelius  C.  Felton,  of 
Massachusetts,  whose  term  has  expired,  be  reappointed. 

March  7, 1861. — The  President  of  the  Senate  reappointed 
Mr.  James  A.  Pearce  as  Regent. 

HOUSE  OF  REPRESENTATIVES,  February  21,  1860. 

The  Speaker  reappointed  as  regents  Mr.  W.  H.  English 
of  Indiana,  Mr.  Benjamin  Stanton  of  Ohio,  and  Mr.  Lucius 
J.  Gartrell  of  Georgia. 

June  11,  1860. — Annual  report  of  the  Smithsonian  Insti- 
tution, for  1859,  presented. 

Mr.  STANTON  moved  that  5,000  extra  copies  of  the  report 
be  printed. 

June  12,  1860. — The  following  resolution  was  adopted : 

Resolved,  That  there  be  printed  5,000  extra  copies  of  the  Report  of  the 
Smithsonian  Institution,  for  the  year  1860;  3,000  for  the  use  of  the  mem- 
bers of  the  House,  and  2,000  for  the  use  of  the  said  institution. 


THIRTY-SEVENTH    CONGRESS,    1861-63.  673 

February  27,  1861.— Report  of  the  Smithsonian  Institu- 
tion, for  1860,  presented,  and  ordered  to  be  printed. 

February  28, 1861.— The  following  resolution  was  passed: 

Resolved,  That  there  be  printed  5,000  extra  copies  of  the  Report  of  the 
Smithsonian  Institution,  for  the  year  1860;  3,000  for  the  use  of  the  mem- 
bers of  the  House,  and  2,000  for  the  use  of  the  said  institution. 

March  2,  1861.— The  Senate  resolution,  of  February  22, 
was  passed. 


THIRTY-SEVENTH  CONGRESS. 

SENATE,  December  4,  1861. 

The  CHAIR,  announced  the  appointment  of  W.  P.  Fessen- 
den  of  Maine,  and  Lyman  Trumbull  of  Illinois,  as  regents. 

March  3,  1862. — Mr.  DIXON  asked,  and  by  unanimous 
consent  obtained,  leave  to  introduce  a  joint  resolution  (S. 
No.  56)  for  the  appointment  of  a  regent  of  tbe  Smithsonian 
Institution ;  which  was  read  twice  by  its  title. 

Mr.  DIXON.     Let  the  resolution  be  read  at  length. 

The  Secretary  read  it,  as  follows  : 

Resolved,  $c.,  That  the  vacancy  in  the  Board  of  Regents  of  the  Smith- 
sonian Institution  of  the. .class  other  than  members  of  Congress,  caused  by 
the  decease  of  Cornelius  C.  Felton,  be  filled  by  the  appointment  of  Henry 
Barnard,  of  Connecticut. 

Mr.  DIXON.  Mr.  Barnard  is  so  well  known  to  the  Senate, 
and  to  the  whole  country,  for  his  devotion  to  the  cause  of 
public  education,  that  I  am  in  hopes  the  resolution  may  be 
passed,  even  without  a  reference.  He  has  devoted  his  life 
to  the  very  object  specified  in  the  will  of  Mr.  Smithson, 
"  the  diffusion  of  knowledge  among  mankind;  "  and,  there- 
fore, I  am  in  hopes  the  Senate  will  consent  to  its  immediate 
passage.  If  not,  I  shall  not  urge  it,  but  move  its  reference. 

The  YICE  PRESIDENT.  The  Senator  from  Connecticut 
asks  the  unanimous  consent  of  the  Senate  to  consider  this 
resolution  at  the  present  time. 

Mr.  FESSENDEN.  I  must  object  to  that.  Although  the 
confession  argues  myself  unknown,  I  must  say  that  I  never 
heard  of  Mr.  Barnard  before. 

The  VICE  PRESIDENT.  Objection  being  made  to  the  con- 
sideration of  the  resolution,  it  will  be  referred  to  the  Com- 
mittee on  the  Library. 

Mr.  DIXON.     Mr.  President — 

The  VICE  PRESIDENT.     It  is  not  subject  to  discussion. 

Mr.  DIXON.     I  should  myself,  on  objection  being  offered, 
43 


674  CONGRESSIONAL    PROCEEDINGS. 

have  made  a  motion  to  refer  it  to  the  Committee  on  the 
Library. 

The  VICE  PRESIDENT.     It  is  referred. 

Mr.  DIXON.  I  feel  that  I  ought  to  say  one  word,  if  the 
Senate  will  allow  me,  though  not  strictly  in  order,  in  reply 
to  the  remark  of  the  Senator  from  Maine,  that  he  had  never 
heard  of  Mr.  Barnard.  It  is  unfortunate  undoubtedly,  and 
may  seem  to  be  a  reflection  on  Mr.  Barnard.  lie  is  known 
everywhere  throughout  the  whole  country  and  in  Kurope 
for  his  exertions  in  the  cause  of  popular  education.  1  would 
not  have  said  a  word  but  for  that  remark,  which  might  im- 
ply some  disrespect  on  the  part  of  the  Senator  to  Mr. 
Barnard,  which  I  hope,  however,  was  not  the  cast-. 

Mr.  FESSENDEN.  I  meant  none  in  tin-  world.  I  meant 
simply  to  say  that  it  so  happened,  unfortunately  for  myself, 
that  I  never  heard  of  Mr.  Barnard,  and  I  would  rather  the 
matter  should  be  referred. 

Mr.  DIXON.  I  supposed  it  to  be  so,  yet  felt  that  I  ought 
to  say  so  much  in  justice  to  a  gentleman  so  widely  and 
favorably  known. 

March  28,  1862.— Mr.  COLLAMER,  from  the  Committee  on 
the  Library,  reported  unanimously  in  favor  of  the  passage 
of  the  House  resolution,  for  the  appointment  of  T.  I). 
Woolsey,  regent ;  adopted. 

April  1,  1862. — Mr.  DIXON.  Yesterday,  I  think,  during 
my  absence  from  my  seat,  or  when  my  attention  was  not 
directed  to  it,  the  Senator  from  Vermont  [Mr.  Collamer] 
called  up  a  joint  resolution  appointing  President  "Woolsey, 
of  Yale  College,  a  regent  of  the  Smithsonian  Institution. 
I  had  previously  offered  a  resolution  for  the  appointment  of 
Mr.  Barnard,  of  Connecticut.  Mr.  Barnard  has  requested 
me  to  withdraw  his  name.  I  ought  to  have  done  it,  and 
should  have  done  it  yesterday  in  justice  to  him,  if  I  had- 
been  present  when  that  joint  resolution  was  passed.  I  ask 
the  consent  of  the  Senate  to  allow, the  reading  of  a  letter 
from  Mr.  Barnard,  in  which  he  requests  that  his  name  may 
be  withdrawn,  and  Mr.  Woolsey  be  appointed. 

The  PRESIDENT  pro  tempore.  No  objection  being  made, 
the  letter  will  be  read  at  the  request  of  the  Senator  from 
Connecticut. 

The  Secretary  read  it,  as  follows  : 

WASHINGTON,  March  27,  1862. 

MY  DEAR  £*IR  :  I  thank  you  for  the  kind  manner  in  which  you  was 
pleased  to  present  my  name  to  the  Senate  in  nomination  for  the  post  of  Re- 
gent of  the  Smithsonian  Institution.  I  see  by  the  papers  that  the  name 
of  President  Woolsey,  of  Yale  College,  has  been  presented  to  the  House 


THIRTY-SEVENTH    CONGRESS,    1861-63.  675 

for  the  same  vacancy.  As  an  "  older  and  better  soldier"  in  the  cause  of 
good  learning,  Dr.  Woolsey  should  receive  that  appointment  by  the  vote  of 
«every  friend  of  my  nomination  ;  and  I  beg,  therefore,  you  will,  in  your 
-own  time  and  way,  withdraw  my  name,  and  give  your  vote  and  influence 
heartily  for  his  appointment. 

Very  truly  yours,  HENRY  BARNARD. 

Hon.  JAMES  DIXON. 

Mr.  COLLAMER.  I  merely  wish  to  say  that  the  gentleman 
is  mistaken  in  one  idea.  I  know  he  was  present  when  this 
resolution  was  called  up.  He  was  sitting  in  his  seat. 

Mr.  DIXON.  I  presume  I  was ;  but  my  attention  was  not 
•called  to  it. 

Mr.  COLLAMER.  The  Senator  might  not  have  heard  it ; 
but  he  was  present. 

Mr.  DIXON.  .  I  was  not  aware  of  its  being  called  up. 

April  21,  1862. — Joint  resolution  from  House  of  April  17, 
adopted. 

June  9,  1862. — The  following  resolution  was  adopted  : 

Resolved,  That  5,000  additional  copies  of  the  report  of  the  Smithsonian 
Institution,  for  1861,  be  printed  ;  2,000  for  the  use  of  the  Smithsonian  In- 
stitution, and  3,000  for  the  use  of  the  Senate  :  Provided,  That  the  aggregate 
number  of  pages  contained  in  said  report  shall  not  exceed  450,  without 
wood-cuts  or  plates,  except  those  furnished  by  the  institution. 

January  16,  1863. — Mr.  TRUMBULL  moved  that  the  Vice 
President  appoint  a  member  to  fill  the  vacancy  in  the  Board 
of  Eegents,  occasioned  by  the  death  of  Hon.  J.  A.  Pearce. 
Adopted. 

The  VICE  PRESIDENT  appointed  Mr.  Garret  Davis  of  Ken- 
tucky, to  fill  the  vacancy. 

January  29, 1863. — Mr.  WILSON,  of  Massachusetts,  offered 
a  resolution,  expelling  Geo.  E.  Badger  from  the  Board 
of  Regents  of  the  Smithsonian  Institution  and  appointing 
Louis  Agassiz  in  his  place. 

February  2,  1863.— The  VICE  PRESIDENT  laid  before  the 
Senate  a  letter  from  Prof.  Henry,  Secretary  of  the  Smith- 
sonian Institution,  transmitting  the  following  resolution, 
adopted  by  the  Board  of  Regents ;  which  was,  on  motion 
of  Mr.  SUMNER,  referred  to  the  Committee  on  the  Library : 

Resolved,  That  the  Secretary  be  directed  to  inform  the  Congress  of  the 
United  States  that  George  E.  Badger,  one  of  the  Regents  of  this  institution, 
has  not  attended  the  recent  meetings  of  the  board,  and  they  are  advised  that 
he  is  now  in  rebellion  against  the  Government  of  the  United  States,  and  sub- 
mit whether  the  name  of  said  Badger  should  longer  remain  on  the  list  of 
the  Eegents  of  the  said  institution. 

February  6?  1863. — Mr.  WILSON,  of  Massachusetts.  I  move 
to  take  up  the  resolution  I  submitted  some  days  ago,  remov- 
ing Mr.  Badger  from  the  Board  of  Regents  of  the  Smith- 
sonian Institution  and  appointing  Professor  Agassiz  in  his 


676  CONGRESSIONAL    PROCEEDINGS. 

place.  I  propose  to  refer  it  to  the  Committee  on  the  Li- 
brary, who  have  the  subject  under  consideration  in  another 
form. 

The  motion  was  agreed  to ;  and  the  joint  resolution  ex- 
expelling  George  E.  Badger  from  the  Board  of  Regents  of 
the  Smithsonian  Institution,  and  appointing  Louis  Agassi/, 
in  his  place,  was  read  the  second  time,  and  considered  as  in 
Committee  of  the  Whole. 

Several  SENATORS.     Why  not  pass  it  now? 

Mr.  WILSON,  of  Massachusetts.  I  should  like  to  have  it 
put  on  its  passage  now.  I  understand  that  the  chairman  of 
the  Committee  on  the  Library  has  no  objection  to  the  reso- 
lution being  considered  now,  without  being  referred  to  the 
committee. 

The  joint  resolution  was  reported  to  the  Senate. 

Mr.  McDouGALL.  I  move  that  the  joint  resolution  be 
postponed  until  to-morrow. 

Mr.  RICHARDSON.  I  suggest  to  my  friend  from  California 
and  also  to  the  Senator  from  Massachusetts,  that  we  had  better 
confine  ourselves  now  to  the  expulsion  of  Mr.  Badger  and 
leave  the  appointment  to  be  made  as  the  law  requires.  1 
do  not  know  what  the  law  is  on  the  subject. 

Mr.  TRUMBULL.  The  appointment  is  made  by  joint  reso- 
lution. This  is  the  usual  form. 

Mr.  WILSON,  of  Massachusetts.  I  will  simply  say  that 
Mr.  Badger  is  now  in  the  place,  and  I  introduced  this  reso- 
lution to  expel  him  and  to  appoint  Professor  Agassiz,  cer- 
tainly one  of  the  foremost  men  of  the  age  in  any  country. 
There  is  now  no  person  upon  the  Board  of  Regents  from 
my  State;  they  are  scattered  elsewhere  all  about  the  coun- 
try. Certainly  we  could  not  select  in  the  whole  nation  any 
man  better  fitted  for  such  a  position  than  Professor  Agassiz. 
I  hope  the  resolution  will  be  passed. 

Mr.  McDouGALL.  I  do  not  take  any  exception  to  Pro- 
fessor Agassiz,  who,  I  think,  would  be  a  most  competent 
man  to  fill  this  place,  but  I  think  the  business  should  be 
disposed  of  with  more  care. 

Mr.  WILSON,  of  Massachusetts.  This  subject  was  brought 
before  us  a  few  days  since  by  the  gentlemen  connected  with 
the  Smithsonian  Institution,  and  facts  are  presented  showing 
that  Mr.  Badger  is  now  in  the  service  of  the  so-called  con- 
federate government. 

Mr.  McDouGALL.  I  think  Professor  Agassiz  the  most  ac- 
ceptable man  that  could  be  named.  I  do  not  object  to  it,, 
except  as  to  the  way  in  which  it  is  done. 


THIRTY-SEVENTH    CONGRESS,    1861-63.  677 

Mr.  WILSON,  of  Massachusetts.  This  is  the  proper  way 
to  do  it. 

Mr.  McDouGALL.     If  that  is  so,  I  withdraw  my  objection. 

The  joint  resolution  was  ordered  to  be  engrossed  for  a 
:third  reading;  was  read  the  third  time,  and  passed. 

SENATE,  February  23,  1863. 

Annual  report  of  the  institution  for  1862  presented. 
Mr.  FESSENDEN  moved  to  print  extra  copies. 

February  28,  1863. — The  following  resolution  was  passed : 

Resolved,  That  5,000  additional  copies  of  the  report  of  the  Smithsonian 
Institution,  for  1862,  be  printed  ;  2,000  for  the  use  of  the  Smithsonian  In- 
stitution, and  3,000  for  the  use  of  the  Senate  :  Provided,  That  the  aggre- 
gate number  of  pages  contained  in  said  report  shall  not  exceed  450,  with- 
out wood-cuts  or  plates,  except  those  furnished  by  the  Smithsonian  Institu- 
tion ;  and  that  the  Superintendent  of  the  Public  Printing  be  authorized, 
if  consistent  with  the  public  service,  to  allow  the  Smithsonian  Institution 
to  stereotype  the  report  at  its  own  expense,  or  to  otherwise  print  at  its  own 
expense,  such  additional  copies  as  may  be  desired  from  the  type  set  in  the 
Government  printing  establishment. 

HOUSE  OF  REPRESENTATIVES,  December  19,  1861. 

The  SPEAKER  appointed  as  regents,  Messrs.  Schuyler  Col- 
fax  of  Indiana,  Edward  McPherson  of  Pennsylvania,  and 
Samuel  S.  Cox  of  Ohio. 

January  8,  1862. — Mr.  HOLMAN.  I  move  to  amend  by 
striking  out  the  following  clause  : 

"  For  preservation  of  the  collections  of  the  exploring  and  surveying  ex- 
peditions of  the  Government,  $4,000!" 

I  understand  this  to  be  an  appropriation  for  the  Smith- 
sonian Institution — nothing  more  and  nothing  less.  It  is 
an  appropriation  of  $4,000  for  the  purpose  of  assisting  in 
keeping  up  the  museum  connected  with  that  establishment. 
I  find  m  the  last  report  of  the  Secretary  of  the  Smithsonian 
Institution  a  clause  which  I  will  ask  to  have  read  in  order 
to  indicate  how  this  money  is  applied. 

The  extract  was  read  by  the  Clerk.  It  states  that  the 
annual  appropriation  of  $4,000  made  by  Congress  for  keep- 
ing the  collections  of  the  exploring  and  surveying  expedi- 
tions of  the  United  States  has  been  expended,  under  the 
direction  of  the  Secretary  of  the  Interior,  in  assisting  to 
pay  the  extra  expenses  of  assistants  and  the  cost  of  arrang- 
ing and  preserving  the  specimens.  This  has  served  to  di- 
mmish the  cost  to^the  Smithsonian  fund  for  the  maintenance 
and  exhibition  of  the  museum,  but  is  by  no  means  sufficient 
to  defray  all  the  expenses  of  that  object. 


£78  CONGRESSIONAL    PROCEEDINGS. 


Mr.  HOLMAN.  I  submit  the  amendment  to  stride  out  the 
clause ;  and  I  desire  to  say,  in  addition  to  the  explanation 
contained  in  the  extract  just  read,  that  according  to  the 
last  report  made  by  the  Secretary  of  the  Smithsonian  Insti- 
tution there  seems  to  be  on  hand,  of  the  appropriations  for 
the  last  few  years,  the  sum  of  $55,148.09.  This  amount  of 
money  is  under  the  control  of  that  institution — $30,910.14 
being  annually  paid  out  of  the  Treasury  of  the  United 
States  for  its  maintenance.  It  is  very  true  that  this  is  interest 
on  money  which  the  Government  assumed  to  pay — money 
which  seems  to  have  been  loaned  out  many  years  ago,  und 
lost.  Still  it  is  a  direct  charge  on  the  Treasury. 

ISTow  it  seems  to  me  that  one  of  the  most  desirable  fea- 
tures in  connection  with  the  Smithsonian  Institution,  and 
that  which  gives  to  it  any  degree  of  popularity,  is  the  mu- 
seum for  the  preservation  of  which  this  appropriation  is 
designed  to  be  made ;  and  it  seems  to  me  that,  with  so 
large  a  fund  as  that  institution  now  lias  in  its  hands,  and 
inasmuch  as  its  object  is  the  diffusion  of  knowledge  among 
mankind,  and  as  the  museum  is  as  effectual  in  accomplish- 
ing that  purpose  as  any  other,  this  $4,000  can  very  well  be 
paid  for  such  an  object  out  of  the  annual  appropriation.  I 
therefore  make  the  motion  that  this  entire  section  be  stricken 
out. 

Mr.  MORRILL,  of  Vermont.  I  dislike  to  oppose  the  mo- 
tion of  the  gentlemen  from  Indiana,  because  I  believe  he  is 
sincerely  desirous  of  saving  money  to  the  Government.  But 
in  relation  to  this  particular  item  I  think  he  labors  under  a 
slight  mistake.  Now  it  is  true  that  all  our  naval  officer* 
are  instructed,  or  at  least  are  in  the  habit  of  contributing 
every  year  to  a  very  great  extent  specimens  of  natural 
history  which  are  deposited  in  the  Smithsonian  Institu- 
tion. This  institution  also  receives  a  large  collection  of 
specimens  in  natural  history  from  the  various  surveying 
and  exploring  expeditions.  So  large  has  been  the  receipts 
by  this  institution  of  these  specimens  that  they  have  sup- 
plied many  of  the  scientific  associations  in  the  country. 
This  appropriation  therefore  is  not  for  the  benefit  of  the 
Smithsonian  Institution  particularly,  but  to  enable  them  to 
take  care  of  and  distribute  these  contributions  that  are  now 
deposited  there,  and  which  they  would  be  very  glad  to  be 
relieved  from  the  care  of.  It  is  but  a  small  item,  and,  so 
far  as  I  know,  the  only  one  we  make  for  the  benefit  of  sci- 
ence. I  hope  it  will  not  be  stricken  out. 

Mr.  HOLMAN.     I  ask  the  gentleman  whether  a  very  large 
amount  of  the  interest  annually  paid  upon  the  Smithsonian. 


THIRTY-SEVENTH  CONGRESS,  1861-63.         679 

fund  is  not  absorbed  in  salaries  ?  I  understand  that  $6,500 
is  paid  annually  in  the  shape  of  salaries  to  the  secretary  and 
his  assistants.  It  is  true  that  the  amount  does  not  come  out 
of  the  Government  directly,  but  it  comes  out  of  the  money 
to  sustain  that  institution,  of  which  some  thirty  thousand 
dollars  is  appropriated  by  the  Government  annually. 

Mr.  MORRILL,  of  Vermont.  I  answer  the  gentleman  that 
the  expenditure  of  the  Smithsonian  Institution  fund  is  un- 
der the  control  and  direction  of  the  regents  of  that  institu- 
tion, and  I  suppose  they  are  responsible  for  the  manner  in 
which  those  funds  are  expended.  So  far  as  I  know,  their 
management  does  not  fully  meet  my  approbation,  and  if  we 
have  the  power,  I  should  certainly  be  willing  to  ask  for  a 
reform  in  the  management  of  that  institution.  But  this  is 
an  entirely  separate  and  distinct  matter. 

Mr.  COLFAX.  I  move  to  reduce  the  appropriation  $1,000. 
I  make  this  motion  merely  for  the  purpose  of  saying  that  I 
hope  the  gentleman  from  Ohio,  [Mr.  Cox,]  who  is  one  of 
the  regents  of  the  Smithsonian  Institution,  will  take  care 
of  rny  colleague  [Mr.  Holman]  in  this  matter,  and  that  he 
will  defend  the  institution  from  the  attacks  upon  it  from  that 
side  of  the  House.  [Laughter.] 

Mr.  HOLMAN.  I  wish  to  ask  my  colleague  whether,  in 
the  expenditures  of  the  $30,000  annually  appropriated  to 
supply  the  funds  of  this  institution,  there  is  any  feature 
more  entirely  popular  in  its  character  or  better  calculated 
to  carry  out  the  purposes  for  which  the  original  grant  was 
made  than  the  preservation  and  enlargement  of  the  museum 
of  the  institution  ? 

Mr.  COLFAX.  I  say  to  my  colleague  that  I  concur  with 
him  in  the  remarks  he  has  made  ;  but  as  lam  not  yet  sworn 
in  as  one  of  the  regents,  I  must  refer  him  for  more  partic- 
ular information  to  the  gentleman  from  Ohio.  [Laughter.] 

Mr.  Cox.  One  word,  sir.  My  friend  from  Indiana,  [Mr. 
Holman,]  who  has  been  placed  under  my  charge  by  the 
gentleman  of  Indiana  over  the  way,  [Mr.  Colfax,]  has  made 
an  attack  upon  this  appropriation,  and  based  his  attack 
upon  the  expenditure  of  the  Smithsonian  fund.  He  finds 
fault  with  the  action  of  the  regents.  In  other  words,  he 
finds  fault  because  they  have  taken  the  interest  upon  the 
fund  left  by  that  philanthropic  Englishman,  Srnithson,  and 
appropriated  some  six  thousand  dollars  of  it  for  the  salaries 
of  officers.  I  submit,  sir,  that  the  gentleman  has  no  right, 
and  that  the  House  has  no  right,  to  inquire  into  the  expen- 
diture of  that  fund. 


680  CONGRESSIONAL    PROCEEDINGS. 

Mr.  HOLMAN.  Is  not  the  interest  upon  that  fund  appro- 
priated by  Congress  ? 

Mr.  Cox.  The  expenditure  of  the  interest  upon  the 
Smithsonian  fund  is  under  the  direction  of  the  regents  and 
nobody  else.  Congress  has  nothing  to  do  with  it.  All  that 
Congress  gives  is  simply  the  small  amount  of  $4,000  to  aid 
Smithson  in  his  effort  to  diffuse  useful  knowledge  among 
xnen — and  women  also.  [Laughter.]  I  hope  the  motion 
made  by  the  gentleman  from  Indiana  [Mr.  Colfax]  will, 
however,  prevail.  I  hope  this  amount  may  be  cut  down  to 
the  extent  of  $1,000  to  satisfy  my  economical  friend  on  my 
right,  [Mr.  Holman,]  I  hope  a  small  reduction  will  be  made 
upon  all  these  items  to  satisfy  my  friend  from  Indiana,  and 
I  think  we  might  spare  $1,000  from  this  amount  for  that 
purpose. 

Mr.  STEVENS.  I  wish  to  ask  the  gentleman  from  Ohio 
whether  this  is  not  the  sum  which  has  always  been  appro- 
priated for  this  purpose,  and  whether  that  sum  has  not  al- 
ways been  found  necessary  for  the  purpose  of  collecting  and 
distributing  these  collections  ? 

Mr.  Cox.  I  suppose  the  chairman  of  the  Committee  of 
Ways  and  Means  is  perfectly  familiar  with  these  matters. 
I  cannot  answer,  not  having  yet  been  sworn  in  as  regent. 
[Laughter.] 

Mr.  STEVENS.  I  rose  to  ask  the  question,  supposing  that 
I  had  no  right  to  answer  it  myself,  when  one  of  the  regents 
was  present.  [Laughter.]  If  the  gentleman  from  "Ohio 
will  give  me  leave  to  answer,  I  will  state  that  this  sum  has 
always  been  appropriated,  and  the  officers  of  the  institution 
report  that  it  is  necessary  for  these  purposes. 

Mr.  COLFAX.     I  withdraw  my  amendment. 

Mr.  HOLMAN.  I  renew  the  amendment.  Before  the  ques- 
tion is  taken  on  it,  I  desire  to  state  that  the  sum  of  $30,000 
is  always  appropriated  in  payment  of  the  interest  on  this 
Smithson  fund,  although  the  Government  itself  has  never 
received  any  benefit  from  the  fund,  and  it  is  only  equitably 
liable -for  the  interest  upon  it.  Out  of  that  sum,  as  I  have 
stated,  $6,500  is  paid  in  the  shape  of  salaries,  and  if  my 
memory  serves  me  correctly,  over  $2,000  is  placed  under 
the  head  of  contingent  expenses,  although  all  proper  ex- 
penses seem  to  be  covered  by  the  various  other  items. 

Inasmuch,  however,  as  the  preservation  of  this  museum 
comes  as  much  within  the  original  intention  of  the  donor 
as  any  other  purpose  to  which  it  is  applied,  and  is  the  only 
really  popular  feature  of  the  institution,  it  seems  to  me  that 
it  can  properly  be  provided  for  out  of  the  regular  fund. 


THIRTY-SEVENTH    CONGRESS,    1861-63.  681 

Mr.  Cox.  For  the  information  of  the  gentleman,  I  would 
ike  to  correct  him  in  his  statement  about  the  Government 
not  being  liable  to  pay  this  $30,000  interest  money.  The 
Government  received  $500,000  from  the  Smithson  estate, 
and  was  unfortunate  in  the  investment  of  the  money.  It 
nvested  it,  I  believe,  in  Arkansas  bonds,  which  proved 
worthless.  It  received  the  money,  and  was  accountable  for 
it  in  all  honor.  And  to  carry  out  the  purposes  for  which 
the  fund  was  intended,  they  are  bound  to  pay  the  interest 
upon  the  sum  at  six  per  cent.,  which  is  yearly  due  from  the 
United  States  Treasury. 

Mr  HOLMAN.  I  asserted  that  the  payment  of  this  $30,OC 
was  munificence,  and  not  justice,  on  the  part  of  the  Gov- 
ernment I  ask  the  gentleman  whether  the  Government 
acted  in  the  acceptance  of  this  trust,  in  any  other  capacity 
than  as  trustee  ;  and  whether,  as  such,  the  money  was  not 
invested  in  good  faith  ? 

Mr.  Cox.     I  say  they  did  accept  the  trust,  and  got  the 


.     And  did  not  they  act  in  good  faith  in  the 
investment  of  it,  although  it  was  lost  ? 

Mr.  Cox.     I  think  they  acted  with  very  bad  judgment. 
The  amendment  was  agreed  to. 
Mnrrh  1?   1862  —Mr.  McPflERSON  introduced  a  resolution 
foS^Sment  of  Theo.  D.  Woolsey,  of  Connecticut, 
as  regent,  in   place  of  C.  C.  Felton,  deceased  ;  referred  to 
Committee  on  the  Library. 

Mnrch  27   1862  —Mr.  MC?HERSON  asked  unanimous  con- 

££»• 

subtly  withdrew   his  objection, 


olution  ;  'and  it  was  adopted. 

March  14,  1862.—  The  following  appropriation  was  mad 


For 


to  bcexpe  roriation  shall 


mtsonan  ,    .  appropraon  sa 

on  the  Library  of  Congres,     and  L  it  *£    P^  b/^fied,  if  neces- 

remain  unexpended  lor  t  he*  >  pu  ipo,e^  ti  works  of  said  explor- 

'"'"•  ......  "'" 


'  April  17,  1862.-Mr.  McPiiERSON,  from  the  Committee 


682  CONGRESSIONAL    PROCEEDINGS. 

the  Library,  reported  a  joint  resolution  (No.  67)  to  supply  the 
Smithsonian  Institution  with  a  copy  of  each  of  the  volumes 
of  the  Wilkes'  Exploring  Expedition.  Adopted. 

June  4,  1862. — Annual  report  of  the  Smithsonian  Institu- 
tion, for  1861,  presented. 

Mr.  Cox  moved  that  5,000  extra  copies  be  printed. 

June  5,  1862. — Mr.  CLARK,  from  the  Committee  on  Print- 
ing, reported  the  following,  which  was  adopted  : 

Resolved,  That  there  be  printed  5,000  extra  copies  of  the  report  of  the 
Smithsonian  Institution,  for  the  year  1801 ;  the  wood-cuts  to  be  furnished 
at  the  expense  of  the  Smithsonian  In-lit ut ii>n  ;  3,000  copies  for  the  use  <>t 
members  of  the  House,  and  2,000  for  the  use  of  the  Institution. 

February  19,  1863.— The  next  bill  taken  from  the  Speak- 
er's table  was  a  joint  resolution  expelling  George  E.  Badger 
from  the  Board  of  Regents  of  the  Smithsonian  Institution, 
and  appointing  Louis  Agassiz  in  his  place;  which  was  read 
a  first  and  second  time. 

Mr.  WASHBURNE.  I  move  to  refer  that  bill  to  the  Com- 
mittee on  the  Library. 

Mr.  THOMAS,  of  Massachusetts.  I  desire  to  ask  the  gen- 
tleman who  reported  this  resolution  what  information  he 
has  in  regard  to  the  course  and  conduct  of  Mr.  Badger  which 
requires  this  resolution  of  expulsion  ? 

Mr.  Cox.  This  matter  was  initiated  at  a  meeting  of  the 
Board  of  Regents  of  the  Smithsonian  Institution,  at  its  last 
meeting.  The  statement  was  there  made  that  Mr.  Badger 
was  a  member  of  the  North  Carolina  Legislature ;  that  he 
had  made  a  speech  denouncing  this  Government  and  favor- 
ing  the  confederate  government,  and  there  was  no  one  there 
who  was  authorized  to  deny  that  that  reported  speech  was 
not  authentic.  I  should  be  glad  to  relieve  a  gentleman  of 
the  high  standing  of  Mr.  Badger  of  any  such  imputation. 
He  does  not  attend  the  meetings  of  the  Regents  of  the  In- 
stitution, and  we  need  somebody  there  to  h'll  his  place.  I 
should  be  happy  to  hear  any  statement  in  exculpation  of 
that  gentleman. 

Mr.  THOMAS,  of  Massachusetts.  All  I  desire  to  say  is,  a 
letter  attributed  to  him  was  afterwards  stated  to  have  been 
a  forgery.  I  refer  to  a  letter  said  to  have  been  written  to 
Governor  Stanly. 

Mr.  McPHERSON.  There  appears  no  doubt  of  the  fact  that 
Mr.  Badger  is  at  present  a  member  of  the  Legislature  of 
North  Carolina,  and  of  course  he  has  assumed  a  position 
inconsistent  with  holding  an  appointment  under  the  United 
States  Government. 


THIRTY-EIGHTH    CONGRESS,    1863-65. 

Mr.  CRITTENDEN.  I  wish  to  say  that  Mr.  Badger  is  a  very 
old  friend  of  mine.  I  have  understood  that  on  the  4th  of 
January  last  he  was  prostrated  by  a  stroke  of  apoplexy.  I 
heard  he  was  in  extremis,  and  I  do  not  know  whether  he  is- 
dead  or  alive. 

Mr.  Cox.  I  call  the  previous  question  upon  the  passage 
of  the  resolution. 

The  previous  question  was  seconded,  and  the  main  ques- 
tion ordered  to  be  put;  and  under  the  operation  thereof  the 
resolution  was  ordered  to  be  read  a  third  time,  and  it  waa 
accordingly  read  the  third  time,  and  passed. 

Mr.  Cox^  moved  to  reconsider  the  vote  by  which  the  reso- 
lution was  passed;  and  also  moved  to  lay  the  motion  to  re- 
consider on  the  table. 

The  latter  motion  was  agreed  to. 

February  27,  1863. — Annual  report  of  the  institution  for 
1862  presented. 

Mr.  McPHERSON  moved  to  print  extra  copies. 

March  3, 1863.— Mr.  CLARK,  from  the  Committee  on  Print- 
ing, reported  the  following  resolution,  which  was  agreed  to: 

Resolved,  That  5,000  extra  copies  of  the  report  of  the  Smithsonian  Insti- 
tution for  1862  be  printed— 3,000  for  the  Smithsonian  Institution  and  2,00< 
for  the  use  of  the  members  of  the  present  House. 


THIKTY-EIGHTH  CONGRESS. 

SENATE,  June  13,  1864. 

Annual  report  of  the  Smithsonian  Institution  for  1863 
laid  before  the  Senate. 

Mr.  TRUMBULL  moved  that  extra  copies  ot  the  report  b 

printed. 

June  18,  1864.— Mr.  ANTHONY,  from  the  Committee  on 
Printing,  reported  the  following : 

Resolved  That  5,000  additional  copies  of  the  report  of  the  Smithsonian 
Institution  for  1863  be  printed-2,000  for  the  use  of  the  Smithsonian  Insti- 
tution ^d  3  000  for  tlS  use  of  the  Senate:  Provided,  That  the  aggregate 
number  of  pages  contained  in  said  report  shall  not  exceed  450  without  wood- 
rnts  or  elates  except  those  furnished  by  the  institution;  and  that  the  Su- 
per ntendfnt  if  Public  Printing  be  authorized,  if  consistent  with  the  public 
Lrvc to  allow  the  Smithsonian  Institution  to  stereotype  the  report  at  its 
own  expense  oTto  otherwise  print  at  its  own  expense  such  additional  copies 
arma^bec^ired^Yomthe  type  set  in  the  Government  printing  establish- 
ment. 

December  21.  1864.— Mr.  TRUMBULL  asked,  and  by  unani- 
mous consent  obtained,  leave  to  introduce  a  bill  to  repeal 
the  provision  of  law  requiring  certain  Regents  of  the  Smith- 


684  CONGRESSIONAL    PROCEEDINGS. 

sonian  Institution  to  be  members  of  the  National  Institute; 
which  was  read  twice  by  its  title. 

Mr.  TRUMBULL.  I  scarcely  know  to  what  committee  it 
would  be  desirable  to  refer  this  bill,  and  unless  somebody 
wishes  it  referred,  I  shall  ask  the  Senate  to  act  upon  it  at 
once.  If  the  Senate  will  indulge  me  for  one  moment  in 
making  an  explanation  of  it,  I  chink  there  will  be  no  objec- 
tion to  it. 

The  act  establishing  the  Smithsonian  Institution  providi  <1 
that  two  of  the  regents  should  be  residents  of  the  city  ot 
Washington  and  members  of  the  National  Institute  in  the 
city  of  Washington.  The  National  Institute  was  an  incor- 
porated association,  and  its  charter  has  expired.  It  did  not 
meet  with  much  success  ;  it  has  been  dissolved  ;  and  there 
are  now  no  members  of  the  National  Institute.  There  is  a 
vacancy  in  the  Board  of  Regents,  occasioned  by  the  death 
of  General  Totten,  which  needs  to  be  tilled,  but  it  cannot 
be  filled  by  the  appointment  of  a  resident  of  Washington 
and  a  iiieinher  of  this  institute,  as  there  are  no  longer  any 
members  of  this  institute.  The  objectof  this  hill  is  to  re- 
peal that  provision  of  the  law  which  requires  that  two  re- 
gents should  be  members  of  the  National  Institute.  I  hope 
the  Senate  will  let  the  bill  pass  at  once,  as  it  is  desirable  to 
fill  that  vacancy. 

There  being  no  objection,  the  Senate,  as  in  Committee  of 
the  Whole,  proceeded  to  consider  the  bill. 

Mr.  COLLAMER.  I  do  not  know  that  I  understand  the 
entleman  aright.  Is  it  proposed  to  repeal  that  part  of  the 
aw  which  requires  them  to  he  inhabitants  of  Washington? 

Mr.  TRUMBULL.  No,  sir;  not  at  all.  I  ask  the  Secretary 
to  read  the  bill  again,  so  that  the  Senator  from  Vermont 
may  see  that  it  does  not  repeal  that  part  of  the  law  requir- 
ing them  to  be  residents  of  Washington. 

The  Secretary  read  the  bill,  as  follows  : 

Be  it  enacted,  <fe.,  That  so  much  of  the  "  act  to  establish  the  Smithsonian. 
Institute  for  the  increase  and  diffusion  of  knowledge  among  men"  as  re- 
quires that  two  of  the  regents  of  said  institution  shall  be  members  of  the 
National  Institute,  in  the  city  of  Washington,  be,  and  the  same  is  hereby, 
repealed. 

The  bill  was  reported  to  the  Senate  without  amendment, 
ordered  to  be  engrossed  for  a  third  reading,  read  the  third 
time,  and  passed. 

HOUSE  OF  REPRESENTATIVES,  December  23,  1863. 

The  SPEAKER  announced  that  this  being  the  day  fixed  for 
the  appointment  of  three  Regents  for  the  Smithsonian  In- 
stitution, he  had  appointed  Messrs.  S.  S.  Cox  of  Ohio,  Henry 


THIRTY-EIGHTH    CONGRESS,    1863-65.  685 

Winter  Davis  of  Maryland,  and  J.  W.  Patterson  of  New 
Hampshire. 

June  13,  1864.  —  Annual  report  of  the  Smithsonian  Insti- 
tution laid  before  the  House  of  Representatives,  and  Mr. 
Cox  moved  that  extra  copies  be  printed. 

June  28,  1864.—  Mr.  CLARK,  from  the  Committee  on 
Printing,  reported  the  following,  which  was  adopted  : 

Resolved,  That  5,000  extra  copies  of  the  report  of  the  Smithsonian  Insti- 
tution, for  1863,  be  printed  ;  3,000  for  the  use  of  the  Smithsonian  Institution, 
and  2,000  for  the  use  of  the  members  of  the  House. 

HOUSE  OF  REPRESENTATIVES,  January  6,  1865. 

Mr.  Cox.  I  ask  unanimous  consent  to  take  from  the 
Speaker's  table  Senate  bill  to  repeal  the  provision  of  law 
requiring  certain  Regents  of  the  Smithsonian  Institution  to 
be  members  of  the  National  Institute. 

There  being  no  objection,  the  bill  was  taken  up,  and  was 
read  a  first  and  second  time. 

Mr  Cox.  I  may  state  that  the  object  of  this  bill  is  to 
repeai  that  provision  of  law  which  requires  that  two  of 
the  resents  of  the  Smithsonian  Institution  shall  be  members 
of  the  National  Institute—  an  institution  which  is  now  • 

5°  The  bill  was  ordered  to  a  third  reading,  read  the  third 
time,  and  passed.  ,      ,.,, 

Mr   Cox  moved  to  reconsider  the  vote  by  which  the  bi 
was  passed  ;  and  also  moved  that  the  motion  to  reconsi. 
be  laid  on  the  table. 

The  latter  motion  was  agreed  to. 

SENATE,  January  11,  1865. 
Mr.  TRUMBULL  introduced  the  following  joint  resolution  r 


the  place  of  Joseph  G.  Totten,  deceased. 

January  17,  1865.—  Senate  resolution  above  passed. 
February  2,  1865.—  The  Senate  passed  the  following  i 
lutiou  : 

deposits  therein  were,  on  Tuesday,  the  ^J^y  rf  J*^,^™ 


686  CONGRESSIONAL    PROCEEDINGS. 


nection  therewith  as  may  be  of  public  interest,  and  to  report  by  bill  or 
otherwise. 

February  21,  1865. — Mr.  FOOT,  from  the  Committee  on 
Public  Buildings  and  Grounds,  submitted  the  following  re- 
port : 

The  Joint  Committee  of  the  Senate  and  House  of  Representatives  on  Public 
Buildings  and  Grounds,  to  which  was  referred  the  resolution  passed  Feb- 
ruary 2,  1865,  respectfully  report: 
That  they  visited  the  building,  inquired  into  the  origin  of  the  fire,  the 

character  and  extent  of  the  loss  sustained,  and  requested  the  regents,  through 

the  secretary,  to  furnish  a  written  report  on  the  subject  of  investigation. 

In  accordance  with  this  request  the  following  report  was  presented  : 

REPORT  OF  THE  SPECIAL  COMMITTEE    OF    THE    BOARD   OK    K  !•:«;!•:  NTS    OF    THE 
SMITHSONIAN    INMIinioN    K  HI.  A  1  I  V  K  'I  « »    1  II  K    FIRE. 

The  special  committee  appointed  l.y  the  board  a*  it.-  meeting.  ,,n  .January 
28,  1865,  to  inquire  into  the  origin  of  the  lire  at  the  Smithsonian  Institution, 
to  ascertain  the  extent  and  character  of  the  !..-<  BUttained,  and  to  make 
suggestions  as  to  what  measures  should  be  adopted  for  the  repair  and  im- 
provement of  the  building,  respectfully  report  that  they  have  peri'm-med 
the  duty  assigned  them,  so  far  as  tin-  time  and  their  means  of  information 
would  permit. 

I. — THE  ORIGIN  OF  Till!   II  UK. 

The  testimony  has  been  taken  of  all  persons  connected  with  the  establish- 
ment that  had  any  knowledge  of  the  occurrence,  and  a  written  account  of 
the  whole  is  herewith  submitted  ;  also  a  report  from  Colonel  B.  S.  Alex- 
ander, United  States  army,  who  superintended  the  tire  proofing  of  the  main 
building,  of  his  examinationof  the  flues  connected  with  the  accident. 

It  is  evident,  from  the  concurrent  testimony  thus  obtained,  that  the  firo 
commenced  in  the  southwest  part  of  the  roof  of  the  main  building,  in  tin: 
woodwork  immediately  under  the  slate  covering,  and  that  it  was  kindled 
by  the  heated  air  or  sparks  from  a  stove  which  had  been  temporarily  plaeed 
in  the  room  immediately  below.  The  pipe  «>f  this  stove  had  been  inserted. 
by  mistake,  into  a  brick  furrin^paee  n-emblini;  a  Hue,  which  opened  un- 
der the  rafters  instead  of  into  the  chimney  flue,  within  a  few  i&ches  of  the  latter. 
By  whom  the  hole  into  which  the  pipe  \\a<  inserted  was  originally  made  is 
not  known,  but  it  is  remembered  that  a  >to\-e-pipc  was  put  into  it  a>  fa- 
back  as  1854,  at  the  time  of  the  exhibition  held  by  the  Mechanics'  Institute 
in  the  building.  No  fire,  however,  had  been  in  this  room  for  ten  year-  pre- 
vious to  Monday,  15th  January,  when  the  machinist  and  carpenter  of  the 
institution  were  engaged,  with  .-everal  other  of  the  employes,  in  reari-an^iiiL; 
the  pictures  of  the  gallery,  the  wat  her  at  the  time  being  unusually  cold. 
These  persons,  for  temporary  convenience,  set  up  the  stove  above  mentioned, 
intending  to  remove  it  as  soon  as  their  task  was  finished.  A  coal  fire,  kin- 
dled with  wood,  had  been  burning  in  this  stove  for  eight  days  previous  to 
the  conflagration,  yet  it  appears  from  the  testimony  that  no  evidence  of  com- 
bustion was  observed  by  a  person  who  passed  through  the  loft  six  hours 
before  the  breaking  out  of  the  flames.  It  is  probable,  however,  that  tin: 
wood  had  been  undergoing  a  process  of  charring  for  several  days. 

On  account  of  the  very  expensive  style  of  architecture  selected  for  the 
building,  and  the  limited  means  at  the  command  of  the  board,  the  plan  had 
been  at  first  adopted  of  finishing  the  interior  of  the  whole  edifice  with  wood 
and  plaster.  A  large  portion,  however,  of  the  interior  wookwork  of  the 
main  building,  after  the  roof  and  exterior  had  been  finished,  gavo  way  and 
fell;  whereupon  the  regents  ordered  the  removal  of  the  woodwork  and  its 
place  supplied  with  incombustible  materials.  Thus  the  main  building  was 
rendered  fire-proof,  with  the  exception  of  the  supports  of  the  roof,  which. 
being  covered  with  slate,  was  assumed  to  be  safe.  The  only  danger  of  the 


THIRTY-EIGHTH    CONGRESS,    1863-65.  687 

occurrence  of  fire  was  supposed  to  exist  in  the  two  wings  and  the  towers, 
and  to  guard  against  this  contingency  especial  precautions  were  constantly 
observed,  viz.:  1.  No  smoking  was  allowed  in  any  part  of  the  building  at 
any  time.  2.  No  lights  were  allowed  to  be  carried  from  one  part  of  the 
building  to  another  except  in  lanterns.  3.  Three  coils  of  large  hose  were 
deposited,  ready  for  use,  one  in  the  upper  story,  and  the  other  two  on  the 
first  floor  of  the  building  ;  and  there  were  water-pipes  in  the  basement  with 
faucets.  4.  Barrels  and  buckets,  kept  constantly  filled  with  water,  were 
placed  at  different  points  of  the  building.  5.  The  rule  was  observed  of 
cleaning  the  flues  every  autumn  before  the  commencement  of  fires.  6.  A 
watchman  was  employed  each  night,  who  made  every  hour  the  rounds  of 
all  the  rooms  in  the  building,  giving  special  attention  to  those  in  which  fire 
had  been  kindled  during  the  day,  including  the  apartments  occupied  by  the 
family  of  the  secretary. 

These  precautions,  however,  as  it  has  proved,  were  of  no  avail — the  fire 
having  occurred  at  a  point  where  no  danger  was  apprehended,  and  to  which 
access  could  with  difficulty  be  obtained. 

II. — THE  CHARACTER  AND  EXTENT  OF  THE  LOSS  SUSTAINED. 

The  loss  to  the  institution  was  as  follows : 

1.  The  contents  of  the  secretary's  office,  consisting  of  the  official,  scien- 
tific, and  miscellaneous  correspondence,  embracing  35,000  pages  of  copied 
letters  which  had  been  sent,  at  least  30,000  of  which  were  the  composition 
of  the  secretary,  and  50,000  pages  of  letters  received  by  the  institution. 
Here,  moreover,  were  lost  the  receipts  for  publications  and  specimens ;  re- 
ports on  various  subjects  which  have  been  referred  to  the  institution ;  the 
records  of  experiments  instituted  by  the  secretary  for  the  government ;  four 
manuscripts  of  original  investigations,  which  had  been  adopted  by  the  in- 
stitution for  publication  ;  a  part  of  the  manuscript  material  of  the  report 
of  the  secretary  for  1864 ;  a  large  number  of  papers  and  scientific  notes  of 
the  secretary  ;  a  series  of  diaries  and  memorandum  books,  and  a  duplicate 
set  of  account  books,  prepared  during  the  last  twelve  years,  with  great 
labor,  by  Mr.  Khees,  the  chief  clerk  ;  also,  about  one  hundred  volumes  of 
valuable  works  kept  at  hand  for  constant  reference. 

2.  In  the  apparatus  room,  the  large  collection  of  scientific  instruments, 
including  the  donation  of  the  late  Dr.  Hare. 

3  A  part  of  the  contents  of  the  regents'  room,  including  the  personal 
effects  of  Smithson,  with  the  exception  of  his  portrait  and  library.  _ 

4  The  contents  of  the  rooms  in  the  towers,  including  the  meteorological 
instruments,  the  workshop,  containing  a  lathe  and  a  large  number  of  valu- 
able tools,  nearly  all  the  stock  on  hand  of  the  duplicate  copies  of  the  annua 
reports,  and  many  other  public  documents  and  books  intended  for  distribu- 
tion to  libraries,  as  well  as  a  quantity  of  stationery,  hardware  &c. 

5  The  wood-cuts  of  the  illustrations  contained  in  the  Smithsonian  publi- 


cations 


The  loss  to  other  parties  was  as  follows : 
1    The  contents  of  what  was  called  the  Picture  Gallery,  viz.:  a.  About 
two  hundred  portraits,  nearly  all  of  life  size,  painted  and  principally  owned 

feM^]£$^ 

which  were  on  deposit  in  the  institution,     b.  A  number  of  halt-size  Ii 

inted  by  Mr.  King  for  the  Government,     e.  A  copy,  m  Carrera 
e^tiqufstetueiiiownEB  the  -Dying  Gladiator,"  by  John 

u^^  ^ 

The  cbthing,  3  and  private  effects  of  several  of  the  persons  con- 

^^ 

libraries  were  stored  in  an  upper  room  in  the  south  tower. 


688  CONGRESSIONAL    PROCEEDINGS. 


Independent  of  injury  to  the  building,  the  loss  to  the  institution,  as  far 
as  it  may  be  estimated  and  can  be  restored  by  money,  may  be  stated  at  about 
$20,000;"  and  to  individuals,  $20,000,  viz.:  To  Mr.  J.  M.  Stanley,  $20,000- 
Mr.  J.  C.  McGuire,  $1,000  ;  Prof.  Joseph  Henry,  $1,500  ;  Mr.  W.  J.  Khee.,, 
$1,200;  Mr.  W.  DeBeust,  $1,300;  and  all  others,  $1,000. 

Although  the  loss  which  the  institution  and  individuals  have  sustained  is 
much  to  be  regretted,  yet  it  is  a  source  of  consolation  that  by  far  the  greater 
part  of  the  valuable  contents  of  the  building  have  escaped  without  injury. 
The  valuable  library  of  the  institution,  the  most  extensive,  in  regard  to  th>, 
transactions  of  learned  societies  ami  M-ientitic  books,  in  this  country;  the, 
museum,  including  the  collection  of  the  exploring  expedition  and  those  of 
the  institution ;  the  large  stock  of  many  thousand  duplicate  specimens  for 
distribution  to  all  parts  of  the  world  ;  the  records  of  the  museum  ;  a  large 
portion  of  the  correspondence  relative  to  natural  history;  nearly  all  tin- 
records  of  meteorological  observations  which  have  been  accumulated  dur- 
ing the  last  fifteen  years ;  the  sets  of  Smithsonian  publications  (except  the 
annual  reports)  which  have  been  revived  to  supply  new  Institutions,  and 
the  stereotype  plates  of  all  tin-  \v<>rks  which  have  been  published  during 
the  last  four  or  five  years,  have  been  saved.  All  the  original  vouchers  of 
payments  made  by  the  institution,  the  ledger  in  which  they  were  posted, 
and  the  day-book  from  18o8,  were  also  preserved,  having  been  deposited  in 
a  safe  in  the  regent.-'  room.  The  contents  of  the  connecting  range  between 
the  library  and  the  museum  art-  uninjured  ;  this  includes  a  series  of  plaster 
casts  and  portraits  ..(' diMin^ui-hed  men,  arnon^  tin-  latter  a  lit'e->i/.e  por- 
trait of  Guizot,  by  llcaly  ;  an  original  full-length  ligurc  ft'  Washington, 
by  the  elder  Peale,  and  also  a  valuaMe  .-eries  <•  f  rare  engravings  illlustrativo 
of  the  history  of  art,  purchased  from  the  Ilmi.  (',< •,.]•-•.•  P.  .Mar-h. 

All  the  important  acts  of  the  n-^i-nt-  from  the  beginning,  and  an  account 
of  the  operations  of  the  institution,  having  been  |iiil»li>hcd  from  year  to 
year  in  the  several  reports  to  Congress,  a  continued  record  of  the  history  of 
the  establishment  from  the  beginning  i>.  therefore.  Mill  in  existence.  A* 
these  reports  have  been  widely  distributed,  they  are  generally  accessible  to 
the  public. 

The  burning  of  the  roof  of  tho  building  can  -caicely  in  itself  be  considered 
a  calamity,  since  it  probably  would  have  occurred  at  some  future  time  when 
a  much  larger  accumulation  of  valuable  articles  might  have  been  destroyed  ; 
and  since  it  will  now  be  replaced  by  one  of  fire-proof  materials.  The  fire- 
proofing,  as  far  as  it  was  carried,  was  well  done,  and  it  is  to  this  circum- 
stance that  the  preservation  of  tho  most  valuable  objects  of  the  establish- 
ment is  due. 

III. — SUGGESTIONS  AS  TO  WHAT  SHOULD  BE  DONE. 

There  can  be  no  hesitation  in  adopting  the  conclusion  that  steps  should  bo 
immediately  taken  not  only  to  repair  the  injury,  but  to  improve  the  condi- 
tion of  the  building. 

1.  The  main  edifice  should  be  provided  with  a  metallic  roof. 

2.  For  the  wooden  conical  terminations  of  the  towers  should  be  substitu- 
ted metallic  coverings. 

3.  All  valuable  articles  belonging  to  the  institution   or  deposited  in  it, 
including  the  library,  should  be  placed  in  the  main  building,  which  should 
be  cut  off  from  the  wings  by  iron  doors. 

4.  Provision  should  be  made  for  a  thorough  heating  of  the  whole  building 
by  steam  or  hot  water. 

5.  Suggestions  should  be  requested  from  competent  architects  and  en- 
gineers as  to  work  to  be  done,  and  those  which  are  adopted  should  be  em- 
bodied in  working  plans  and  drawings. 

6.  A  building  committee  of  the  board  should  be  appointed  to  have  charge 
of  the  work. 

No  very  exact  estimate  can  as  yet  be  made  as  to  the  cost  of  the  repairs, 
<£c.,  for  it  has  not  been  possible,  without  erecting  a  scaffolding,  to  deter- 


THIRTY-EIGHTH    CONGRESS,    1863-65.  689 

mine  whether  it  will  be  necessary  to  take  down  the  high  northern  tower. 
Colonel  Alexander  of  the  engineer  corps,  however,  has  informed  the  com- 
mittee  that  he  thinks  $100,000  will  be  required  to  make  the  necessary  re- 
pairs  and  improvements. 

The  committee  cannot  conclude  without  adding  that,  in  their  opinion, 
the  occurrence  of  the  fire  ought  not  to  be  allowed  to  interfere  with  the  ad 
tive  operations  of  the  institution,  on  which  essentially  depends  the  reputa- 
tion it  has  established  throughout  the  world,  and  its  efficiency  as  an  instru- 
ment for  "  the  increase  and  diffusion  of  knowledge  among  men."  To  the 
support  and  extension  of  these  operations,  therefore,  the  annual  interest 
from  the  original  fund  should,  as  far  as  possible,  continue  as  heretofore  to 
be  conscientiously  applied. 

Respectfully  submitted, 

RICHARD  WALLACE, 
JOSEPH  HENKY, 

Special  Committee. 
WASHINGTON,  February,  1865. 

At  a  subsequent  meeting  of  the  committee,  Professor  Henry  was  requested 
to  state  his  connection  with  the  institution,  to  give  an  account  of  its  objects 
and  operations,  the  origin  of  the  building,  and  such  other  facts  as  might 
be  of  public  interest.  In  conformity  with  this  request  he  made  the  follow- 
ing statement :  (See  Rep.  Com.,  No.  129,  38th  Congress,  2d  session.) 

Mr.  FOOT  offered  a  resolution  to  print  1,000  extra  copies 
of  the  report ;  500  of  which  to  be  for  the  use  of  the  Smith- 
sonian Institution. 

February  22,  1865.— The  resolution  of  Mr.  Foot  was 
adopted. 

March  1,  1865. — Annual  report,  for  the  year  1864,  pre- 
sented, and  ordered  to  be  printed. 

March  3,  1865. — The  next  amendment  was  to  insert  the 
following  as  a  new  section  : 

And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury  be  directed 
to  pay  the  interest  on  the  debt  due  the  Smithsonian  Institution  in  coin,  as 
the  interest  on  other  permanent  debts  due  by  the  United  States  prior  to  the 
present  rebellion  have  been  and  are  paid. 

Mr.  GRIMES.  I  have  a  word  to  say  on  that  subject.  I 
am  opposed  to  the  adoption  of  that  amendment.  In  the 
first  place,  I  do  not  know  any  reason  why  there  should  be 
a  distinction  made  between  a  debt  that  is  due  to  the  Smith- 
sonian Institution  and  a  debt  due  to  anybody  else  by  the 
United  States  Government.  I  understand  that  by  some 
construction  or  other  the  Treasury  Department  have  decided 
that  this  is  a  kind  of  trust  debt ;  and  that  from  this  time 
henceforth  they  intend  to  pay  the  interest  upon  what  they 
call  the  trust  fund  in  gold.  The  purpose  of  this  amend- 
ment is  to  make  this  retrospective,  and  to  pay  some  forty 
thousand  dollars  in  currency,  being  the  difference  between 
the  amount  which  has  hitherto  been  received  by  the  Smith- 
sonian Institution  and  that  which  they  claim  they  ought  to 
have  received  and  would  have  received  if  this  money  had 
44 


690  CONGRESSIONAL    PROCEEDINGS. 

been  paid  to  them  in  coin.  The  Smithsonian  Institution  is 
a  very  wealthy  corporation,  and  is  able  to  reimburse  itself, 
and  to  rebuild  and  refit  the  buildings  which  have  been  recently 
destroyed.  It  will  be  remembered  that  when  Mr.  Smithson 
made  this  bequest,  or  shortly  after  he  made  it,  the  Government 
created  a  corporation.  That  corporation,  or  their  trustee,  saw 
fit  to  invest  their  money  in  Arkansas  bonds.  Those  bonds 
mostly  turned  out  to  be  valueless.  The  Government,  how- 
ever, assumed  it,  and  we  now  pay,  and  have  for  many  years 
paid,  the  Smithsonian  Institution  upward  of  §80,000  a' year 
upon  this  amount  of  $515,000,  I  think  that  it  is,  which  is 
the  amount  of  the  permanent  fund  of  the  Smithsonian 
Institution. 

Mr.  SUMNER.  Allow  me  to  ask  the  Senator  whether  the 
Government  did  not  make  that  investment  in  Arkansas 
bonds?  I  think  it  was  not  an  act  of  the  corporation,  but  of 
the  Government. 

Mr.  GRIMES.  It  is  perfectly  immaterial,  so  fur  as  this  ques- 
tion is  concerned,  whether  the  Government  made  it,  or 
whether  the  Regents  of  the  Smithsonian  Institution  made  it 
directly  themselves ;  for  if  the  Government  made  it,  the  Gov- 
ernment made  that  investment  at  the  instaner  and  the  request 
of  the  Regents  of  the  Smithsonian  Institution. 

Mr.  SUMNER.  No  ;  it  was  before  the  organ i/at ion  ;  before 
there  were  regents. 

Mr.  GRIMES.  Mr.  President,  the  amount  of  the  fund  be- 
longing to  the  Smithsonian  Institution  is  $515,000.  They 
expended  in  the  building,  on  the  public  reservation,  $325,000. 
It  is  claimed  by  them  that  to  put  the  roof  on  the  building, 
and  put  it  in  about  the  condition  it  was  in  before  the  fire, 
there  will  be  required  from  thirty-six  to  forty  thousand  dol- 
lars ;  but  to  improve  it  as  they  want  to  improve  it,  to  make 
it  entirely  fire-proof,  to  change  its  construction  very  materi- 
ally, they  say  they  have  the  opinion  of  an  army  engineer, 
Colonel  Alexander,  but  who  is  no  architect,  no  expert,  and 
whose  judgment,  therefore,  is  worthless  in  a  matter  of  this 
kind,  that  it  will  cost  somewhere  in  the  neighborhood  of 
$100,000.  This  institution,  beside  the  $515,000  upon  which 
we  are  paying  them  the  interest,  have  accumulated  from 
that  interest  $75,000  in  Indiana  State  bonds,  which  are 
good ;  $53,500  in  Virginia  bonds,  which  are  not  of  much 
value;  $12,000  in  Tennessee  bonds  ;  $500 in  Georgia  bonds  ; 
and  $100  in  Washington  city  bonds.  Then  they  have  in  cash 
$20,000,  and  they  have  in  gold  $26,200,  which  is  worth 
$52,000  to-day  in  currency.  So  it  will  be  observed  that 
they  have  in  available  funds,  saying  nothing  about  the  Vir- 


THIRTY-EIGHTH    CONGRESS,    1863-65.  691 

ginia,  Tennessee,  Georgia,  and  Washington  bonds,  $95,000, 
beside  $26,200  in  gold.' 

I  have  heard  it  said  that  we  ought  to  pay  the  Smithsonian 
Institution  this  money  in  gold,  because  we  pay  some  of  the 
Indians  by  treaty  stipulation  in  gold.  I  think  the  Senators 
who  are  members  of  the  Committee  on  Indian  Affairs  will 
bear  testimony  to  the  Senate  that  we  have  paid  gold  to  no 
Indians  except  where  there  was  an  express  agreement  in 
the  treaty  that  payment  should  be  made  in  coin.  We  have 
had,  and  have,  an  abundance  of  treaties  with  the  Indians; 
we  hold  their  money  in  trust ;  but  in  no  instance,  I  under- 
take to  say,  has  the  money  been  paid  to  these  Indians  in 
gold  except  when  there  was  an  express  stipulation  in  the 
treaty  that  it  should  be  paid  in  gold.  I  know  of  no  reason 
why  there  should  be  an  exception  made  in  favor  of  this  rich 
corporation,  the  Smithsonian  Institution — why  they  should 
be  treated  any  better  than  our  Indian  tribes  are  treated. 

Mr.  COLLAMER.     Are  they  not  paid  in  gold? 

Mr.  GRIMES.  I  undertake  to  say  that  there  are  not  and 
have  not  been  any  Indians  paid  in  gold  except  where  there 
was  an  express  stipulation  in  the  treaty  that  they  should  be 
paid  in  coin.  I  asked  the  gentlemen  on  the  Committee  on 
Indian  Affairs,  when  the  Indian  appropriation  bill  was  un- 
der consideration  the  other  day,  if  that  was  not  so,  and  they 
said  it  was  so.  The  Senator  from  Kansas  [Mr.  Lane]  bowed 
his  head  and  said  it  was  so.  There  are  treaties  made  with 
the  Indians,  I  admit,  by  which  we  have  agreed  to  pay  them 
in  coin ;  and  then  there  are  other  treaties  in  which  we  have  not 
that  stipulation  ;  but  where  that  stipulation  is  not  embodied 
in  the  treaty  we  do  not  pay  them  in  coin.  There  is  lying 
on  your  table  at  this  moment  a  communication  from  the 
Secretary  of  the  Interior,  asking  that  we  shall  do  for  these 
Indians  precisely  what  the  Smithsonian  Institution  asks  we 
shall  do  for  them— that  we  shall  pay  them  in  coin  in  the 
future.  But  this  Senate,  so  far  as  I  know,  has  refused  to  do 
that ;  so  far  as  I  am  informed,  the  Committee  on  Indian 
Affairs  have  utterly  refused  to  do  it.  I  do  not  see  the  chair- 
man of  the  Committee  on  Indian  Affairs  present,  nor  my 
colleague ;  but  there  are  gentlemen  here,  I  think,  who  know 
what  the  facts  are  in  regard  to  the  payment  of  these  In- 
dians. Now,  I  ask,  if  it  be  true,  and  I  think  it  will  be  de- 
monstrated in  a  few  minutes  that  it  is  true,  that  this  is  the 
method  in  which  we  treat  the  Indians  whose  funds  we  hold 
in  trust,  is  there  any  very  substantial  reason  why  we  should 
deviate  from  this  rule  in  favor  of  this  corporation,  the 
Smithsonian  Institution  ? 


£92  CONGRESSIONAL   PROCEEDINGS. 

Mr.  SHERMAN.  The  Committee  on  Finance  have  no  doubt 
at  all  about  this  proposition  so  far  as  it  is  now  reported. 
It  is  true  that  a  proposition  was  submitted  to  the  committee 
that  the  back  payments  already  made  should  be  made  equal 
to  gold.  That  we  rejected  on  the  ground  that  the  money 
having  been  received  by  the  corporation,  without  any  objec- 
tion, they  certainly  cannot  now  present  a  legal  claim  against 
the  United  States  to  make  good  any  loss  which  may  have 
accrued  from  their  taking  a  depreciated  currency.  But 
upon  the  main  question,  that  they  are  entitled  to  the  interest 
of  this  trust  fund  in  gold,  we  had  no  doubt.  All  the  per- 
manent debt  of  the  United  States  is  now  payable  in  coin. 
That  has  been  the  established  policy  of  the  Government 
since  the  foundation  of  the  Government,  and  I  think  it  never 
has  been  departed  from.  Let  me  put  this  case :  suppose 
this  corporation,  instead  of  allowing  this  money  to  remain 
simply  as  a  trust  fund  in  the  Treasury  of  the  United  States, 
had  taken  bonds  of  the  United  States  registered  in  the  or- 
dinary way,  which  they  had  a  right  to  do,  and  left  them  in 
the  Treasury  Department;  they  would  have  drawn  their 
interest  in  gold  precisely  as  the  holder  of  any  other  bonds 
would  have  done.  I  am  informed  that  this  now  stands  as 
a  registered  debt. 

Mr.  GRIMES.     How  long  has  that  been  so  ? 

Mr.  SHERMAN.  Always,  I  presume.  It  stands  as  a  trust 
debt.  There  is  no  difference  between  them. 

Mr.  GRIMES.  Where  is  the  distinction  between  this  case 
and  that  of  the  Indians? 

Mr.  SHERMAN.     I  will  mention  that  in  a  few  moments. 

There  is,  therefore,  no  distinction  between  this  case  and 
any  other  portion  of  the  permanent  debt  of  the  United 
States.  This  corporation,  whether  rich  or  poor,  whether  it 
is  a  charitable  one,  or  one  making  money  on  its  own  ac- 
count, would  have  the  right  to  demand  of  the  Government 
the  same  interest  that  is  paid  to  any  other  bondholder  of 
the  United  States.  The  fact  that  this  money  stands  to  the 
credit  of  this  corporation  as  a  trust  fund  in  the  Treasury 
Department  only  strengthens  that  obligation,  because  it  is 
a  general  rule  of  equity,  as  well  as  a  rule  of  law,  that  a 
trust  fund  must  be  treated  more  favorably  than  any  other, 
fund.  Therefore  the  United  States,  having  assumed  the 
burden  of  a  trustee,  would  be  held  in  a  court  of  equity  to  a 
more  rigorous  rule  than  it  would  be  even  where  it  stands 
upon  its  legal  rights.  If  the  United  States  is  bound  to  pay 
to  any  other  class  of  bondholders  interest  in  gold,  it  cer- 
tainly should  do  so  to  this  corporation,  whether  it  be  rich 


THIRTY-EIGHTH    CONGRESS,    1863-65.  693 

or  poor,  whether  it  be  a  charitable  one  or  one  making  money 
on  its  own  account.  It  seems  to  me,  therefore,  the  propo- 
sition is  plain. 

But  the  Senator  says  that  we  have  refused  to  do  this  with 
the  Indians.  The  difference  between  our  treaties  with  the 
Indians  and  an  obligation  of  this  kind  is,  that  an  Indian 
treaty  requires  us  to  pay  annuities  from  time  to  time  ;  every 
year  we  pay  so  much.  It  seems  to  me  there  is  a  distinction 
between  the  two.  Wherever  we  stipulate  to  pay  these  an- 
nuities in  coin,  we  pay  them  in  coin.  There  is  a  difference 
between  the  payment  of  an  annuity  and  the  payment  of  in- 
te'rest  on  the  public  debt ;  and  that  difference  has  always 
been  recognized  since  the  foundation  of  the  Government. 
But  even  if  we  did  injustice  to  the  Indians,  we  make  it  good 
by  the  payment  of  large  bounties ;  we  more  than  make  it 
good  by  our  annual  appropriations  for  the  expenses  of  the 
Indian  department.  Since  the  recent  condition  of  affairs, 
since  we  have  been  involved  in  war,  we  have  appropriated 
very  large  sums,  this  year  amounting  to  more  than  a  million 
dollars,  for  the  benefit  of  the  Indians  not  included  in  Indian 
treaties.  We  have  indeed  made  good  to  them  the  appro- 
priations in  gold,  or  nearly  so.  If  therefore,  there  is  any 
injustice  done  to  the  Indians,  it  certainly  is  not  a  peculiar 
hardship. 

In  this  case  the  proposition  was  so  plain  that  the  commit- 
tee had  no  hesitation  about  awarding  the  payment  in  gold 
from  this  time  forward.  I  am  told  that  this  question  has 
never  been  acted  upon  in  the  Treasury  Department,  but 
that  if  these  parties  had  demanded  their  interest  in  gold, 
precisely  as  other  creditors  have  done,  and  as  they  had  a 
right  to  do,  they  would  have  been  paid  in  coin  at  any  time 
since  the  beginning  of  this  war.  There  has  been  no  dis- 
tinction in  the  Treasury  Department  between  this  debt  and 
any  other  funded  debt  of  the  United  States  the  interest  of 
which  is  payable  in  coin. 

Mr.  HALE.  If  I  do  not  entirely  misunderstand  the  nature 
of  this  case,  it  seems  to  me  there  is  no  force  in  the  sugges- 
tions which  have  been  made  in  regard  to  any  obligations  of 
the  Government,  for  this  reason:  this  Mr.  Smithson  gave 
this  fund,  some  five  hundred  thousand  dollars  or  more,  to 
the  United  States ;  they  are  the  beneficiaries  of  this  dona- 
tion ;  it  was  the  property  of  the  United  States,  and  the  Smith- 
sonian Institution,  whether  it  was  a  wise  or  an  unwise  crea- 
tion of  Congress,  was  simply  a  machinery  instituted  by  the 
United  States  for  the  purpose  of  carrying  on  and  carrying 
out  the  bequest  of  Mr.  Smithson.  To  speak  of  this  institu- 


(594  CONGRESSIONAL    PROCEEDINGS. 

tion  as  an  institution  apart  from  the  Government  of  the 
United  States,  to  my  humble  comprehension  is  perfectly 
absurd.  It  is  the  United  States  that  own  this  institution. 
It  was  for  the  benefit  of  the  United  States  that  the  fund  \\  as 
given  to  them;  and  Congress,  because  it  was  not  convenient 
to  take  it  and  manage  it,  as  they  did  the  other  interests  of 
the  Government,  created  these  agents,  created  this  institution, 
as  a  mere  matter  of  convenience  by  which  the  Government 
might  manage  the  fund  that  was  intrusted  to  them  for  the 
purposes  specified  in  Mr.  Smithson's  will.  They  have  no 
claim,  no  interest,  in  this  matter.  The  only  question  was, 
how  shall  the  Government,  if  they  accept  the  trust,  carry  it 
on  ?  They  concluded  to  carry  it  on  by  this  machinery.  It 
is  not  an  institution  adverse  to  the  United  States  Govern- 
ment It  is  not  an  institution  that  has  the  least  claim  under 
heaven  upon  the  Government.  They  are  the  mere  creutmvs 
of  the  Government,  to  enable  them,  according  to  the  pur- 
port of  the  will,  to  execute  the  trust  that  has  been  confided 
to  them.  How  can  they  come  here  and  occupy  the  position 
of  creditors?  They  are  no  creditors.  They  have  no  interest 
under  heaven,  not  the  slightest;  they  are  the  mere  agents 
appointed  by  law  to  execute  this  trust  for  the  United  States 
in  the  use  of  a  fund  which  belongs  to  the  United  States. 
That  is  the  whole  of  it.  That  being  the  case,  this  being  the 
property  of  the  United  States,  managed  for  their  benefit 
through  this  instrumentality,  it  is  contended  that  the  Gov- 
ernment of  the  United  States  shall  increase  by  a  hundred- 
fold the  appropriations  for  the  institution.  I  do  not  see  the 
slightest  claim  in  the  world. 

Let  me  state  another  fact.  The  honorable  Senator  from 
Iowa  did  not  state  this  thing  exactly  as  it  was.  The  fact 
was  that  about  1840,  or  not  far  from  that  time — I  do  not 
know  the  exact  time  that  this  fund  was  given  to  the  United 
States — was  a  pretty  hard  time  for  the  Democratic  party; 
they  had  had  bad  luck,  and  the  Secretary  of  the  Treasury 
took  the  whole  of  this  fund,  every  dollar  of  it,  and  gave  it 
to  Arkansas,  no  doubt  for  highly  patriotic  purposes,  [laugh- 
ter,] and  it  was  all  sunk;  and  there  was  an  end  of  the 
bubble,  or  ought  to  have  been.  But  Congress  were  so  much 
tickled  with  the  idea  of  this  bequest  that  they  assumed  the 
debt.  They  did  not  make  much  by  investing  it  in  Arkansas 
politics;  everything  went  by  default,  and  then  Congress 
stepped  in  and  paid  out  of  the  Treasury  that  which  they 
had  wasted. 

I  will  not  repeat  what  I  have  heretofore  said  in  regard  to 
this  institution ;  I  will  not  say  but  that  it  is  possibly  a  wise 


THIRTY-EIGHTH    CONGRESS,    1863-65.  695 

one,  and  a  wise  appropriation  of  public  money,  because  it 
is  rather  impertinent  to  the  question  that  is  now  before  the 
Senate.  It  has  been  characterized,  I  think  by  Greeley — and 
I  do  not  often  quote  him — as  a  sort  of  lying-in  hospital  for 
literary  valetudinarians,  [laughter,]  and  that  is  about  the 
amount  of  it.  I  remember  once  that  some  friends  were 
here  and  had  been  visiting  about  the  places  of  interest  in 
the  city  of  Washington,  and  had  got  pretty  much  through 
with  them,  when  I  asked  them,  "  What  are  you  going  to  do 
to-day  ?"  They  said  they  were  going  to  look  at  the  Smith- 
sonian Institution,  and  find  out  what  it  was.  I  told  them  I 
was  exceedingly  glad  they  were  going  to  start  on  such  a 
mission,  and  I  asked  them,  if  they  did  find  out,  to  tell  me 
when  they  got  back.  They  did  not  call  on  me  when  they 
got  back.  [Laughter.] 

Now,  sir,  I  know  of  no  reason  under  heaven  why,  when 
we  are  paying  in  currency  the  men  who  are  shedding  their 
blood  in  defense  of  the  country,  the  men  who  are  periling 
everything  for  the  salvation  of  the  country,  we  should  come 
in  and  pay  this  pet  child  we  have  created  in  this  manner  in 
gold.  I  think  it  would  shock  the  moral  sense  of  the  nation 
to-day,  if  they  knew  that  we  propose  to  pay  in  gold  the  in- 
terest on  this  debt,  which  is  no  debt  at  all,  when  we  pay 
those  who  fight  our  battles,  and  shed  their  blood  in  our 
defense,  in  currency.  I  hope  the  amendment  will  not  be 
adopted. 

Mr.  HENDRICKS.  The  Committee  on  Public  Buildings 
and  Grounds  investigated  this  subject  to  some  extent,  and 
became  entirely  satisfied,  with  the  exception  of  the  Senator 
from  Iowa,  I  believe,  that  this  interest  ought  to  be-  paid  in 
gold.  I  am  very  glad  to  hear  the  statement  of  the  Senator 
from  Iowa.  I  arn  glad  he  is  able  to  prove  that  this  institu- 
tion is  in  good  condition.  I  arn  gratified  that  he  has  shown 
it  has  full  funds,  with  an  accumulation  of  $75,000  in  Indiana 
bonds — a  sure  and  reliable  fund — and  something  against  the 
State  of  Virginia.  I  shall  be  gratified  each  session  while  I 
have  the  honor  of  serving  along  with  him  to  hear  him  make 
as  good  a  statement  of  the  Smithsonian  Institution  as  he 
has  to-night. 

He  says  it  is  a  rich  institution.  I  am  glad  of  that.  I  was 
once  a  member  of  the  Indiana  Legislature,  and  every  now 
and  then  I  heard  some  Kepresentative  or  Senator  talking 
about  the  bloated  corporations  of  the  State ;  and  we  all  had 
it  in  our  heads  that  the  wealth  of  the  corporations,  in  some 
way  or  other,  was  made  off  our  constituents,  and  therefore, 
to  some  extent,  we  were  justified  in  making  war  upon  them, 


t>96  CONGRESSIONAL    PROCEEDINGS. 

for  they  were  men  that  made  their  gains  oft*  the  people. 
But  this  is  not  the  case  with  the  corporation  that  the  Senator 
now  styles  a  wealthy  corporation.  No  money  to  till  the 
coffers  of  that  institution  came  from  the  good  people  of  Iowa. 

Mr.  GRIMES.  Not  until  we  pay  them  in  gold  $62,000  in 
place  of  $3 1,000,  while  we  pay  to  Iowa  soldiers,  as  the  Senator 
from  New  Hampshire  well  said,  only  six  dollars  and  a  halj 
in  gold.  Then  it  will  come  off  my  constituents. 

Mr.  HENDRICKS.  As  I  was  going  on  to  say,  all  the  rich 
funds  of  that  institution  came  not  from  the  people  of  Iowa 
or  of  Indiana.  It  was  a  munificent  grant  from  a  foreigner, 
Mr.  Smithson,  for  the  purpose  of  establishing  in  this  country 
an  institution  for  the  acquisition  and  diffusion  of  useful 
knowledge  among  men.  That  $500,000  was  ivreived,  not 
in  paper,  hut  in  gold,  coming  from  a  kind  friend  of  this 
country  across  the  water.  If,  therefore,  the  institution  is 
rich,  it  is  well  for  us;  if  it  were  poor,  it  would  be  a  disgrace 
to  us  to-day. 

Mr.  GRIMES.  I  think  the;  Senator  is  mistaken  in  the 
language  used  in  the  will;  and  I  think  that  in  that  respect 
the  managers  of  it  have  been  true  to  the  direction  of  the 
testator.  It  was  not  "  useful  knowledge  among  men,"  but 
"  knowledge  among  men."  [Laughter.] 

Mr.  HENDRICKS.  Well,  sir,  whether  knowledge  is  useful 
or  not  I  will  not  undertake  to  discuss  now.  The  purpose 
of  the  bequest  was  to  establish  in  this  country  an  institution 
for  the  diffusion  of  knowledge,  or  useful  knowledge,  among 
men.  I  think  the  language  used  was  u  useful  knowledge." 
Whether  the  knowledge  that  is  diffused  among  men  from 
that  institution  be  useful  or  not  I  do  not  care  now  to  discuss. 
If  I  were  to  judge  from  the  number  of  applications  I  have 
for  the  reports  of  that  institution,  [  should  say  it  is  useful 
knowledge. 

Then,  sir,  if  the  institution  is  rich,  it  has  cost  his  con- 
stituents and  mine  nothing;  but  if  it  were  poor  to-day,  and 
we  refused  to  make  up  the  entire  fund,  it  would  cost  his 
constituents  and  mine  something — it  would  cost  their  honor. 

Now,  sir,  upon  the  leading  question  I  do  not  agree  with 
the  Senator  from  New  Hampshire.  This  institution  does 
not  belong  to  us;  it  is  not  the  property  of  the  United  States. 
The  United  States,  in  respect  to  that  institution,  and  the 
funds  that  endowed  it,  is  but  the  trustee.  We  are  not  the 
beneficiaries,  in  its  language.  The  people  of  the  world  tire 
the  beneficiaries;  all  who  can  be  instructed  by  the  diffusion 
of  useful  knowledge  are  the  beneficiaries. 

The  Senator  from  New  Hampshire  spoke  also  of  a  loss 


THIRTY-EIGHTH    CONGRESS,    1863-65.  697 

-because  of  a  purchase  of  bonds  of  the  State  of  Arkansas. 
If  we  purchased  bonds  that  were  not  a  sure  investment,  in 
law,  or  rather  in  equity,  we  are  bound  to  make  it  good.  If 
the  United  States,  as  a  trustee,  makes  a  bad  investment,  she 
must  make  that  investment  good.  If  the  Senator  held  funds 
for  me,  or  if,  as  a  guardian,  he  held  funds  for  some  of  his 
minor  constituents,  and  made  a  bad  investment,  would  he 
not  be  compelled  to  make  it  up  ?  If  he  made  a  bad  invest- 
ment he  would  be  compelled  to  make  it  good,  unless  he 
used  due  care  and  acted  under  the  direction  of  the  court. 
I  admit,  if  entire  diligence  is  used,  perhaps  he  would  not 
be  responsible  in  a  court  of  equity.  But  I  understand  the 
facts  to  be  that  the  institution  has  lost  nothing  from  the 
Arkansas  bonds.  That  has  been  made  up;  they  have  been 
paid,  arid  there  has  been  no  loss  resulting  from  that  invest- 
ment. 

Mr.  HALE.     The  Senator  is  mistaken. 

Mr.  HENDRICKS.  I  was  so  told  the  other  day.  I  am  not 
fully  informed,  except  as  the  committee  were  informed  by 
Professor  Henry,  who  has  this  business  in  charge.  That  is 
the  way  I  understand  it.  The  interest  has  been  paid. 

Mr.  HALE.     The  bonds  have  not  been  paid. 

Mr.  HENDRICKS.  Whether  the  bonds  have  been  paid  or 
not  is  not  important.  We  got  gold,  and  were  to  use  it,  as 
a  trustee,  to  establish  an  institution  that  would  be  an  orna- 
ment to  the  country  as  well  as  useful  to  the  world.  Now, 
sir,  what  is  the  obligation  of  the  United  States  in  respect  to 
that,  a  gold  investment,  endowing  an  institution,  not  for  the 
benefit  of  the  United  States,  but  for  the  benefit  of  mankind 
generally?  I  understand  the  decision  of  the  Treasury  De- 
partment has  been  that  all  trust  funds  are  to  be  paid  in  gold, 
and  that  all  the  debts  against  the  Government  prior  to  the 
commencement  of  the  war  are  to  be  paid  in  gold. 

Both  the  Senators  have  asked  why  we  pay  gold  to  this 
institution  when  we  pay  greenbacks  to  the  soldiers.  Why 
do  the  Senators  agree,  by  their  numerous  votes  here,  to 
pay  gold  to  the  men  who  buy  the  bonds  of  the  United  States? 
Why  do  they  make  their  investment  worth  twelve  per  cent., 
when  other  men  use  their  money  for  their  own  benefit  but 
to  the  extent  of  six  per  cent.  ?  Why  do  they  pay  gold  to 
the  creditors  that  they  create  now,  not  by  $500,000  at  a  time, 
but  by  $600,000,000  at  a  time,  in  gold?  Let  them  answer 
that.  It  is  a  question  between  them  and  the  soldiers.  They 
pay  the  creditors  of  the  Government  in  gold  and  the  soldiers 
in  greenbacks.  Both  Senators  unquestionably  were  governed 
Ly  proper  considerations.  I  think  it  is  a  plain  obligation 


698  CONGRESSIONAL   PROCEEDINGS. 

on  the  part  of  the  Government  to  pay  this  interest  in  gold. 
It  is  according  to  the  practice  of  the  Government,  and  I 
should  think  it  a  shame  to  the  Government  to  do  otherwise. 
Mr.  TRUMBULL.  I  am  a  little  surprised  at  the  course  of 
the  Senator  from  Iowa  and  the  Senator  from  New  Hamp- 
shire. The  Senator  from  New  Hampshire  says  this  is  not 
a  trust  at  all ;  this  property  was  given  to  the  United  States. 
It  was  given  to  the  United  States  by  James  Smithson;  but 
it  was  given  for  a  particular  purpose,  and  it  is  as  much  a 
trust  as  when  any  testator  bequeaths  property  to  a  particular 

Eerson  for  a  particular  purpose.  The  Congress  of  the  United 
tates  in  1846  passed  an  act  by  which  they  recognized  this 
as  a  trust;  and  I  would  like  to  inquire  of  the  Senator  from 
New  Hampshire  if  he  means  to  repudiate  the  action  of  this 
Government,  if  he  means  to  repudiate  the  solemn  obligation 
which  this  Government  has  taken  upon  itself?  It  is  a  direct 
act  of  repudiation  on  the  part  of  the  Government  to  deny 
that  this  is  a  trust,  and  that  it  is  held  as  a  trust  for  particular 
purposes.  The  act  of  1846,  which  I  have  before  me,  declares : 

u  That  James  Smithson,  Esq.,  of  London,  in  the  kingdom  of  Great  Britain, 
having  by  his  last  will  and  testament  given  the  whole  of  his  property  to  the 
United  States  of  America  to  found  at  Washington,  uml«-r  tin-  name  of  the 
Smithsonian  Institution,  an  establishment  for  the  increase  ami  diil'u-ion  of 
knowledge  among  men,  and  the  United  States  having,  by  an  act  <>f  ( Congress, 
received  said  property  and  accepted  said  trust :  Therefore,  for  the  full  execu- 
tion of  said  trust  according  to  the  will  of  the  liberal  and  enlightened  donor, 
Be  it  enacted,"  &c. 

Here  is  a  solemn  act  of  Congress  acknowledging  the  re- 
ceipt of  this  property  as  a  trust  fund.  It  was  given  for  the 
purpose  of  founding  "  at  Washington,  under  the  name  of 
the  Smithsonian  Institution,  an  establishment  for  the  in- 
crease and  diffusion  of  knowledge  among  men;"  and  the 
Senator  from  Iowa  says  "  not  useful  knowledge."  Why, 
sir,  I  thought  that  the  term  "knowledge"  implied  that  it 
was  a  useful  thing.  I  supposed  that  knowledge  was  valuable : 
that  it  was  what  we  all  sought  to  acquire.  This  propert}r 
was  accepted  in  trust  for  this  identical  purpose ;  and  to  re- 
pudiate it  now,  and  say  it  is  no  trust,  it  is  the  money  of  the 
Government,  and  you  have  a  right  to  squander  it  and  use 
it,  is  as  direct  a  breach  of  faith  as  it  would  be  on  the  part 
of  this  Congress  to  pass  a  law  that  it  would  pay  no  debt 
whatever  that  it  had  created.  It  would  be  the  worst  species 
of  repudiation — worse  than  borrowing  money  and  refusing 
to  pay  it  under  ordinary  circumstances.  The  Government 
has  accepted  it;  it  has  committed  itself  to  it;  and  this  insti- 
tution had  as  perfect  a  right  to  call  for  the  payment  of  the 


THIRTY-EIGHTH    CONGRESS,    1863-65.  699" 


interest  as  it  fell  due,  in  coin,  as  had  any  other  creditor  of 
the  Government. 

The  Senator  from  Iowa  wants  to  know  why  a  distinction 
is  to  be  made  between  the  debt  due  the  Smithsonian  Insti- 
tution and  a  debt  due  any  other  person.  No  distinction  is 
to  be  made.  It  is  the  very  thing  we  do  not  want  to  do.  The 
Government  of  the  United  States,  in  1861,  when  this  rebellion 
broke  out,  owed  some  ninety  million  dollars:  and  does  not 
the  Senator  from  Iowa  know  that  we  paid  the  interest  to 
every  one  of  the  holders  of  that  indebtedness  in  gold? 

Mr.  GRIMES.     I  know  we  did  not  do  it  to  the  Indians. 

Mr.  TRUMBULL.  You  have  done  it  to  the  Indians  in  many 
instances;  but  because  you  have  wronged  the  Indian,  who 
cannot  assert  his  rights ;  because  you  have  violated  your 
treaties  with  him,  and  by  act  of  Congress  are  changing 
treaties  every  day,  and  driving  him  from  the  lands  that  you 
set  apart  to  him  and  said  you  would  never  disturb  him  in 
the  possession  of;  because  you  impose  upon  the  Indian,  do 
you  propose  now  to  violate  all  your  contracts?  You  are 
bound  to  pay  the  Indian  in  gold,  if  you  have  agreed  so  to 
pay  him.  Sir,  this  argument  by  which  you  talk  about  not 
paying  the  poor  soldier  in  coin  smacks  a  little  of  a  speech 
upon  the  stump.  The  Senator  from  Iowa  votes  here  to  pay 
the  foreign  bondholder  in  coin. 

In  my  opinion  this  amendment  does  not  go  far  enough. 
The  reason,  probably,  for  the  introduction  of  the  amend- 
ment at  this  time  is  in  consequence  of  a  calamity,  the  de- 
struction of  a  part  of  the  Smithsonian  building  within  a  few 
days  by  fire,  involving  a  very  large  expenditure  to  repair 
the  building:  but  instead  of  calling  upon  Congress  for  an 
appropriation  for  thafc  purpose,  it  was  thought  on  the  part 
of  the  managers  of  the  institution  they  would  be  enabled 
to  get  along  if  they  received  the  interest  due  the  institution 
in  coin.  They  were  entitled  to  receive  it,  and  they  would 
have  received  it  in  coin  had  they  insisted  upon  it  heretofore. 
The  only  reason  that  it  has  not  been  insisted  upon,  as  I 
understand,  is  that  in  this  great  emergency  of  the  country, 
as  the  institution  was  able  to  get  along,  the  matter  was  not 
pressed  upon  the  Secretary  of  the  Treasury,  who  never  de-  . 
nied  the  obligation  of  the  Government  to  pay  in  coin  as 
much  upon  this  debt  as  any  other  debt  which  the  Govern- 
ment owed.  I  am  informed  by  the  Senator  from  Maine 
[Mr.  Farwell]  that  they  received  the  currency  of  the  coun- 
try without  making  a  special  demand  for  the  coin  under  the 
particular  condition  of  things  in  the  country  at  the  time. 
The  institution  will  be  able,  as  I  understand,  to  repair  the 


700  CONGRESSIONAL   PROCEEDINGS. 

building,  provided  they  receive  what  they  are  entitled  to 
receive;  and  hence  this  proposition  to  pay  the  interest  in 
-coin.  I  shall  move  an  amendment  to  the  proposition  to 
make  up  the  difference  between  the  currency  which  the 
institution  has  received  and  the  coin  to  which  they  were 
entitled,  in  order  that  they  may  have  the  means  to  repair 
the  building.  I  think  the  Government  is  bound  to  pay  it 
by  every  obligation,  and  particularly  by  the  obligation  which 
it  took  upon  itself  when  it  accepted  this  fund. 

But  the  Senator  from  Iowa  brings  in  here  the  fact  that 
this  fund  was  invested  in  Arkansas  bonds:  Was  that  the 
fault  of  Smithson  who  made  the  bequest  ?  Whose  fault  was 
it  if  an  improvident  use  was  made  of  the  funds  of  the  insti- 
tution ?  But  that  question  is  not  now  to  be  settled.  The 
Government  of  the  United  States  has  assumed  the  control 
of  this  money,  has  incorporated  this  institution,  has  agreed 
to  pay  the  interest  forever  at  six  per  cent,  upon  the  money 
that  was  placed  in  its  Treasury;  and,  unless  it  means  to  re- 
pudiate this  obligation,  it  is  bound  to  pay  it,  and  it  is  bound 
to  pay  it  in  the  same  currency  that  it  pays  to  other  creditors 
similarly  situated.  That  is  all  that  the  institution  asks. 
They  probably  would  not  have  pressed  at  this  time  for  the 
payment  in  coin  but  for  the  misfortune  of  the  fire  which 
has  recently  occurred.  I  move  to  amend  the  section  which 
is  pending  by  adding  to  it  the  following: 

And  in  case  the  interest  heretofore  paid  to  said  institution  has  been  j>:tid 
in  a  different  currency,  or  of  less  value,  than  that  paid  by  the  Government 
on  other  permanent  debts  or  trust  funds,  that  the  Secretary  be  directed  to 
make  up  the  difference  to  said  Smithsonian  Institution. 

Mr.  COLLAMER.  Mr.  President,  I  do  not  wish  to  confine 
my  remarks  to  the  amendment  now  under  consideration. 
I  can  see  no  good  reason  for  the  amendment  of  the  Senator 
from  Illinois.  So  far  as  this  institution  have  received  their 
interest  in  any  money  that  was  satisfactory  to  them  when 
they  received  it,  I  consider  it  paid.  In  relation  to  what  has 
not  been  paid  them,  it  undoubtedly  should  be  paid  them,  as 
I  think,  in  coin,  as  is  the  case  with  all  the  trust  funds  in  the 
hands  of  the  Government. 

But,  sir,  I  rose  more  particularly  to  make  one  remark.  1 
feel  a  good  deal  gratified  at  the  speeches  that  have  been 
made  on  this  subject  this  evening,  and  from  this  considera- 
tion :  Congress,  by  the  votes  of  many  of  the  gentlemen  who 
have  spoken  on  this  subject  to-night,  passed  a  law  nearly 
four  years  ago  to  enable  individuals  to  pay  off  their  old  notes  in 
depreciated  paper  at  half  price,  and  we  called  it  a  legal  tender. 
These  gentlemen  voted  for  that  measure,  by  which  people 


THIRTY-EIGHTH    CONGRESS,    1863-65.  701. 


were  enabled  to  cheat  their  creditors,  and  by  which  the  Gov- 
ernment never  got  anything,  and  never  will.  But  what  par- 
ticularly gratifies  me  is  this  :  that  while  they  were  willing 
to  make  a  law,  and  it  is  a  standing  law  now,  to  enable  indi- 
viduals to  cheat  their  creditors  by  paying  them  off  in  money 
at  half  price,  they  are  ashamed  to  do  it  on  their  own  account, 
and  will  not  do  any  such  thing ;  and  I  hope  they  never  will. 
[Laughter.] 

Mr.  DAVIS.  Mr.  President,  I  think  there  is  a  higher  obli- 
gation to  keep  this  bequest  at  its  original  amount  than  any 
legal  obligation.  Srnithson  was  a  natural  son  of  the  Duke 
of  Northumberland.  He  made  a  declaration  in  connection 
with  this  bequest  that  he  would  render  his  name  more  famous 
than  that  of  the  illustrious  house  to  which  he  was  allied.  He 
executed  a  will,  in  which  he  bestowed  the  whole  of  his  estate 
upon  the  United  States,  in  trust,  to  establish,  as  the  honorable 
Senator  from  Illinois  has  just  read,  an  institution  to  be  located 
in  the  city  of  Washington  for  the  increase  and  diffusion  of 
knowledge  among  men.  That  was  the  highest  testimony 
that  that  individual  could  have  rendered  to  the  Government 
of  the  United  States,  or  to  the  United  States  themselves. 
Although  allied  to  an  illustrious  house,  he  gave  all  that  he 
had  of  worldly  property  to  our  country  and  to  our  Govern- 
ment, for  the  purpose  of  founding  an  institution  for  the  in- 
crease and  diffusion  of  knowledge.  From  the  circumstances 
under  which  the  bequest  was  made,  and  the  manner  in  which 
its  execution  was  assumed  by  our  Government,  in  my  judg- 
ment, it  creates  a  higher  than  a  legal  obligation  that  the 
amount  and  value  of  this  noble  bequest  shall  not  deteriorate 
or  be  reduced  in  amount  in  the  hands  of  those  that  he  charged 
with  the  execution  of  the  trust. 

The  honorable  Senator  from  Illinois  says,  correctly  no 
doubt,  that  the  reason  why  this  application  is  now  made  at 
this  time  is  because  of  the  misfortune  that  befell  the  Smith- 
sonian Institution  a  few  weeks  since.  That  was  in  some 
degree  the  fault  of  the  United  States  Government.  It  had 
property  deposited  for  custody  arid  exhibition  in  the  Interior 
Department,  which  was  directed  by  the  officers  of  the  Govern- 
ment to  be  transferred  to  the  Smithsonian  Institution  for 
the  same  custody  and  for  similar  exhibition.  This  property 
wus  not  properly  attached  to,  or  appended  to,  the  Smithso- 
nian Institution.  The  managers  of  that  institution  received 
the  custody  and  the  possession  of  this  property  reluctantly, 
and  only  because  its  custody  had  been  imposed  upon  them 
by  the  officials  of  the  United  States  Government.  The 
proper  arrangement  of  that  property  in  one  of  its  halls. 


702  CONGRESSIONAL    PROCEEDINGS. 

rendered  necessary  the  making  of  some  repairs  in  the  hull 
that  caused  the  making  of  a  fire  in  that  hall,  which  resulted 
in  the  conflagration  of  the  building. 

It  seems  to  me,  Mr.  President,  in  view  of  the  nature  of 
the  bequest,  of  the  nobleness  of  the  motives  of  the  testator 
who  bequeathed  it,  of  the  high  scientific  purposes  for  which 
it  was  given  to  the  United  States ;  in  view  of  the  great  trust 
and  confidence  that  was  reposed  by  the  testator  in  the  Gov- 
ernment, and  in  the  United  States,  and  in  our  country;  and 
in  view  of  the  fact  that  this  fire  that  resulted  in  the  burning 
of  the  Smithsonian  building  arose  from  the  imposition  <>f 
a  duty  that  did  not  appertain  to  that  institution  at  all,  the 
United  States  Government  ought  to  hold  itself  bound  by 
every  obligation  to  keep  the  bequest  at  its  original  value; 
and  that  is  all  that  is  proposed. 

The  PRESIDING  OFFICER,  (Mr.  Foot  in  the  chair.)  The 
question  is  on  the  amendment  of  the  Senator  from  Illinois 
to  the  amendment  of  the  committee. 

The  amendment  to  the  amendment  was  rejected. 

The  amendment  of  the  committee  was  adopted;  there 
being,  on  a  division — ayes  twenty-one,  noes  not  counted. 

The  PRESIDING  OFFICER.  The  amendments  reported  by 
the  Committee  on  Finance  are  all  disposed  of. 

Mr.  HALE.  I  find  we  have  got  another  Smithsonian  Insti- 
tution on  a  smaller  scale  in  this  bill  that  I  want  to  get  rid 
of.  I  move  to  strike  out  the  following  clause  : 

For  publishing  the  annual  report  of  the  National  Academy  of  Sciences, 
made  to  Congress,  under  the  act  approved  March  3,  18G3,  $0,000. 

If  there  is  no  objection  to  striking  it  out,  I  have  nothing 
to  say. 

The  amendment  was  agreed  to. 

March  7,  1865. — Mr.  FOOT  offered  the  following  resolu- 
tion : 

Resolved,  That  the  President  of  the  Senate  appoint  a  Regent  of  the  Smith- 
sonian Institution,  on  the  part  of  the  Senate,  in  the  vacancy  now  existing 
in  the  Board  of  Regents. 

The  PRESIDENT  pro  tempore  appointed  Mr.  Fessenden. 

March  8,  1865. — Mr.  ANTHONY.  I  offer  a  resolution  in 
connection  with  the  report  of  the  Smithsonian  Institution. 
It  is^  the  usual  annual  resolution  on  the  subject,  and  has 
received  the  assent  of  the  Committee  on  Printing,  and  need 
not,  therefore,  be  referred  to  that  committee : 

Resolved,  That  5,000  additional  copies  of  the  report  of  the  Smithsonian 
Institution,  for  1864,  be  printed ;  3,000  for  the  use  of  the  Senate,  and  2,000 
for  the  use  of  the  Smithsonian  Institution  :  Provided,  That  the  aggregate 
number  of  pages  in  said  report  shall  not  exceed  4-30,  without  wood-cuts  or 


THIRTY-EIGHTH    CONGRESS,    1863-65.  703 

plates,  except  those   furnished  by  the   institution,  and  that  the  report  be 
stereotyped. 

Agreed  to. 

HOUSE  OF  REPRESENTATIVES,  February  2,  1865. 

The  concurrent  resolution  from  the  Senate  of  February 
2,  was  passed. 

February  11,  1865. — On  motion  of  Mr.  FRANK,  the  joint 
resolution  from  the  Senate  appointing  General  Richard 
Delafield  a  Regent  of  the  Smithsonian  Institution,  was  taken 
up  and  passed. 

March  2,  1865.— Mr.  RICE,  of  Maine.  I  offer  the  follow- 
ing as  as  additional  amendment  to  the  bill : 

And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury  be  directed 
to  pay  the  interest  on  the  public  debt  due  the  Smithsonian  Institution  in  the 
same  funds  as  the  interest  on  other  permanent  debts  due  by  the  United 
States  prior  to  the  present  rebellion  have  been  and  are  paid  ;  and  in  case  the 
interest  heretofore  paid  to  said  institution  has  been  paid  in  a  different  cur- 
rency and  of  less  value  than  that  paid  by  the  Government  on  other  perma- 
nent debts  or  trust  funds,  that  the  Secretary  be  directed  to  make  up  the 
difference  to  said  Smithsonian  Institution. 

Mr.  STEVENS.  Why  not  put  in  the  word  "gold"  at 
once  ? 

Mr.  HOLMAN.  1  rise  to  a  question  of  order.  This  is  not 
an  appropriation  in  accordance  with  law,  but  it  is  an  attempt 
to  appropriate  a  specific  sum  of  money  in  gold  instead  of  the 
ordinary  currency  of  the  country. 

The  CHAIRMAN.  The  Chair  sustains  the  point  of  order, 
and  rules  the  amendment  out  of  order. 

Mr.  Cox.  I  appeal  from  the  decision  of  the  Chair,  and  I 
desire  to  be  heard  a  moment  in  explanation.  This  is  not  an 
appropriation.  It  is  only  a  direction  to  the  Secretary  of  the 
Treasury  to  pay  the  interest  on  this  special  fund  in  gold,  as 
it  always  has  been  paid,  and  as  it  ought  to  be  paid  now. 

Mr.  WASHBURNE,  of  Illinois.  I  rise  to  a  question  of  order. 
Has  not  the  debate  been  closed  on  this  bill  ? 

The  CHAIRMAN.  It  has,  and  the  Chair  adheres  to  its 
decision. 

Mr.  Cox.  I  wish  the  Chair  could  have  had  the  facts  of  the 
case  before  him  before  he  decided  it.  I  respectfully  appeal 
from  the  decision  of  the  Chair. 

The  question  was,  Shall  the  decision  of  the  Chair  stand 
as  the  judgment  of  the  committee? 

The  question  was  taken,  and  the  decision  of  the  Chair  was 
sustained. 

Mr.  SPALDING.  I  move  to  insert  the  following  as  an  ad- 
ditional section  : 


704  CONGRESSIONAL   PROCEEDINGS. 

SEC.  — .  And  be  it  further  enacted,  That  there  be  appropriated  for  the 
purpose  of  making  repairs  upon  the  building  of  the  Smithsonian  Institu- 
tion, lately  injured  by  fire,  the  sum  of  $50,000. 

Mr.  WASHBURNE,  of  Illinois.  I  raise  the  point  of  order 
that  this  amendment  proposes  to  change  the  existing  law, 
and  is  therefore  out  of  order. 

The  CHAIRMAN.     The  Chair  sustains  the  point  of  order. 


THIRTY-NINTH  CONGRESS. 

SENATE,  March  22,  1866. 

Mr.  HOWE.  The  Joint  Committee  on  the  Library  have 
instructed  me  to  report  a  bill  to  provide  for  the  transfer  of 
the  custody  of  the  library  of  the  Smithsonian  Institution  to 
the  library  of  Congress. 

Mr.  SUMNER.  I  am  very  much  interested  in  that  question. 
I  have  paid  some  little  attention  to  the  subject  in  advance, 
and  I  should  really  like  to  see  the  bill  in  print.  I  do  not 
wish  to  make  any  objection,  but  I  think  it  had  better  lie 
over. 

Mr.  HOWE.  Certainly,  that  is  a  very  reasonable  request. 
I  cannot  ask  to  have  it  considered. 

The  PRESIDENT  pro  tempore.  It  will  lie  over  under  the 
rule. 

March  27, 1866. — The  PRESIDENT  pro  tempore.  If  there  be 
no  further  morning  business,  the  Chair  will  call  up  the  un- 
finished business  of  yesterday. 

Mr.  HOWE.     Is  that  now  regularly  before  the  Senate. 

The  PRESIDENT  pro  tempore.  It  is  not  regularly  before  the 
Senate  until  one  o'clock,  but  if  there  be  no  other  business 
the  Chair  will  call  it  up. 

Mr.  HOWE.  Then  I  move  that  the  Senate  proceed  to  the 
consideration  of  Senate  bill  No.  216. 

The  motion  was  agreed  to;  and  the  bill  (S.  No.  216)  to 
provide  for  the  transfer  of  the  custody  of  the  library  of  the 
Smithsonian  Institution  to  the  library  of  Congress,  was  read 
a  second  time  and  considered  as  in  Committee  of  the  Whole. 
It  provides  that  the  library  collected  by  the  Smithsonian  In- 
stitution, under  the  provisions  of  an  act  approved  August 
10,  1846,  shall  be  removed  from  the  building  of  that  insti- 
tution, with  the  consent  of  the  regents,  to  the  new  fire-proof 
extension  of  the  library  of  Congress,  upon  completion  of  a 
sufficient  portion  for  its  accommodation,  and  while  there 
deposited,  it  is  to  be  subject  to  the  same  regulations  as  the 
library  of  Congress,  except  as  provided  in  this  bill. 


THIRTY-NINTH   CONGRESS,   1865-67.  705 

When  the  library  shall  have  been  so  removed  and  depos- 
ited, the  Smithsonian  Institution  is  to  have  the  use  of  it  in 
like  manner  as  it  is  now  used,  and  the  public  is  to  have  ac- 
cess thereto  for  purposes  of  consultation  on  every  ordinary 
week-day,  except  during  one  month  of  each  year,  when  it 
may  be  closed  for  renovation.  All  the  books,  maps  and 
charts  of  the  Smithsonian  library  are  to  be  properly  cared 
for  and  preserved  in  like  manner  as  are  those  of  the  Con- 
gressional library,  from  which  the  Smithsonian  library  is 
not  to  be  removed,  except  on  reimbursement  by  the  Smith- 
sonian Institution  to  the  Treasury  of  the  United  States  of 
expenses  incurred  in  binding  and  in  taking  care  of  it,  or 
upon  such  terms  and  conditions  as  shall  be  mutually  agreed 
upon  by  Congress  and  the  regents. 

The  Smithsonian  Institution,  through  its  Secretary,  is  to 
have  the  use  of  the  library  of  Congress,  subject  to  the  same 
regulations  as  Senators  and  Representatives.  The  Libra- 
rian of  Congress  is  to  be  authorized  to  employ  two  additional 
assistants,  who  are  to  receive  a  yearly  compensation  of  $800 
and  $1,000,  respectively,  commencing  July  1, 1866;  and  the 
sum  of  $500,  or  so  much  thereof  as  may  be  necessary,  is 
appropriated  to  defray  the  expenses  of  the  removal  provided 
for  in  the  bill. 

Mr.  HOWE.  I  move  to  amend  the  bill  in  section  two,  line 
six,  by  inserting  the  words  "in  the  recess  of  Congress"  after 
the  word  "year,"  so  that  it  will  read: 

That  when  such  library  shall  have  been  so  removed  and  deposited,  the 
Smithsonian  Institution  shall  have  the  use  thereof  in  like  manner  as  it  is  now 
used,  and  the  public  shall  have  access  thereto  for  purposes  of  consultation  on 
every  ordinary  week-day,  except  during  one  month  of  each  year  in  the  re- 
cess of  Congress,  when  it  may  be  closed  for  renovation. 

The  amendment  was  agreed  to. 

Mr.  HENDRICKS.  I  wish  to  ask  the  Senator  from  Wis- 
consin whether  this  bill  contemplates  the  permanent  transfer 
of  these  books  to  the  Congressional  library?  These  books 
belong  to  the  Smithsonian  trust  fund,  which  I  think  ought 
not  to  be  diverted. 

Mr.  HOWE.  The  Senator  will  see,  if  he  looks  over  the 
bill,  that  it  does  not  transfer  the  title  of  the  books.  It  is 
the  custody  of  the  books  that  is  transferred  to  the  Congres- 
sional library  for  safe-keeping,  as  well  as  .for  the  better 
accommodation  of  the  public. 

Mr.  TRUMBULL.     I  will  state  to  the  Senator  from  Indiana 

that  this  is  a  mutual  arrangement  entered  into  between  the 

Regents  of  the  Smithsonian  Institution  and  the  Committee 

on  the  Library,  satisfactory  to  both  parties.    It  is  thought  to 

45 


706  CONGRESSIONAL    PROCEEDINGS. 

be  safer  to  have  them  deposited  there.  There  is  danger  of 
them  at  present,  as  the  building  in  which  they  are  is  not 
fire-proof. 

The  bill  was  reported  to  the  Senate  as  amended,  and  the 
amendment  concurred  in.  The  bill  was  ordered  to  be  en- 
grossed for  a  third  reading;  was  read  the  third  time,  and 
passed. 

May  7,  1866, — Annual  report,  for  1865,  presented. 

Mr.  TRUMBULL  moved  the  printing  of  5,000  extra  copies. 

May  9,  1866. — Mr.  ANTHONY,  from  the  Committee  on 
Printing,  reported  the  following  resolution,  which  was 
adopted  : 

Resolved,  That  5,000  additional  copies  of  the  report  of  the  Regents  of  the 
Smithsonian  Institution,  for  the  year  1865,  be  printrd  ;  L'.ooo  for  tin-  u-i-  «>!' 
the  Smithsonian  Institution,  and  3,000  for  the  use  of  tin-  Smut.-  :  /V«./-/V,v/. 
That  the  aggregate  number  of  pages  contained  in  said  report  shall  in>t  exceed 
450  pages,  without  wood-cuts  or  plates,  except  th<»<-  fiiniUln-d  by  tin-  insti- 
tution. 

February  1,  1867. — Mr.  FESSENDEN.  There  is  a  little 
bill  on  the  table  (House,  January  31,  1867,)  which  has 
come  in  from  the  House  that  I  should  like  very  much 
to  take  up  and  have  passed  if  no  Senator  has  any  objection 
to  it,  because  it  is  rather  necessary  that  it  should  be  passed 
at  once,  if  at  all.  It  relates  to  the  funds  of  the  Smithsonian 
Institution,  and  the  regents  of  that  institution  arc  now  in 
session  in  this  city  and  would  like  probably  to  take  some 
action  under  the  bill.  It  is  very  short,  and  if  there  be  no 
objection  I  should  like  to  have  it  taken  up  and  acted  upon. 
I  have  examined  it,  and  do  not  see  any  objection  to  it. 

Mr.  SHERMAN.  I  should  like  to  inquire  where  the  fund 
has  been  heretofore.  Has  it  been  in  the  Treasury  ? 

Mr.  FESSENDEN.  No,  sir ;  it  has  been  in  the  hands  of  the 
Secretary.  Under  the  bequest  of  Smithson  there  was  a  sum 
that  was  to  come  to  the  institution  upon  the  death  of  a  cer- 
tain person,  and  that  person  died  just  about  the  time  I 
happened  to  be  in  the  Treasury,  and' therefore  I  know  the 
facts.  This  bill  simply  provides  that  this  money  shall  be 
paid  into  the  Treasury,  and  disposed  of  precisely  in  accord- 
ance with  the  original  act  with  regard  to  the  disposal  of 
Smithson's  bequest. 

Mr.  SHERMAN.     I  have  no  objection  to  it  at  all. 

The  bill  was  reported  to  the  Senate  without  amendment, 
ordered  to  a  third  reading,  read  the  third  time,  and  passed. 

February  26,  1867.— Senate  resolution  to  provide  for  the 
exchange  of  certain  documents  with  foreign  countries,  was 
read  a  third  time,  and  passed  ;  as  follows  : 


THIRTY-NINTH    CONGRESS,    1865-67.  707 

Resolved,  $c.,  That  fifty  copies  of  all  documents  hereafter  printed  by 
order  of  either  House  of  Congress,  and  fifty  copies  additional  of  all  docu- 
ments printed  in  excess  of  the  usual  number,  together  with  fifty  copies  of 
each  publication  issued  by  any  department  or  bureau  of  the  Government, 
be  placed  at  the  disposal  of  the  Joint  Committee  on  the  Library,  who  shall 
exchange  the  same,  through  the  agency  of  the  Smithsonian  Institution,  for 
such  works  published  in  foreign  countries,  and  especially  by  foreign  gov- 
ernments, as  may  be  deemed  by  said  committee  an  equivalent ;  said  works 
to  be  deposited  in  the  library  of  Congress. 

February  26,  1867. — Annual  report  of  the  Smithsonian 
Institution,  for  1866,  was  presented. 

Mr.  TRUMBULL  moved  that  5,000  extra  copies  be  printed. 

March  1,  1867. — Mr.  ANTHONY,  from  the  Committee  on 
Printing,  offered  the  following  resolution ;  which  was 
agreed  to  : 

Resolved,  That  5,000  additional  copies  of  the  report  of  the  Smithsonian 
Institution,  for  the  year  1866,  be  printed  ;  2,000  for  the  use  of  the  Smith- 
sonian Institution,  and  3,000  for  the  use  of  the  Senate;  and  that  said  report 
be  stereotyped  :  Provided,  That  the  aggregate  number  of  pages  contained 
in  said  report  shall  not  exceed  450,  without  wood-cuts  or  plates,  except 
those  furnished  bv  the  institution. 

4? 

HOUSE  OF  REPRESENTATIVES,  March  9,  1866. 

Air.  PATTERSON  introduced  a  bill  for  the  transfer  of  the 
Smithsonian  library,  which  was  referred  to  the  Joint  Com- 
mittee on  the  Library. 

April  2,  1866. — On  motion  of  Mr.  RUTHERFORD  B.  HAYES, 
by  unanimous  consent,  Senate  bill  to  provide  for  the  trans- 
fer of  the  custody  of  the  library  of  the  Smithsonian  Insti- 
tution to  the  library  of  Congress,  was  taken  from  the 
Speaker's  table,  and  read  a  first  and  second  time. 

Mr.  HAYES.  The  Committee  on  the  Library  recommend 
the  passage  of  the  bill. 

The  bill  was  ordered  to  a  third  reading ;  and  it  was  ac- 
cordingly read  the  third  time,  and  passed. 

Mr.  HAYES  moved  to  reconsider  the  vote  by  which  it  was 
passed;  and  also  moved  that  the  motion  to  reconsider  be  laid 
upon  the  table. 

The  latter  motion  was  agreed  to. 

The  bill  is  as  follows  : 

Be  it  enacted,  $c.,  That  the  library  collected  by  the  Smithsonian  Institu- 
tion under  the  provisions  of  an  act  approved  August  tenth,  eighteen  hun- 
dred and  forty-six,  shall  be  removed  from  the  building  of  said  institution, 
with  the  consent  of  the  regents  thereof,  to  the  new  fire-proof  extension  of 
the  library  of  Congress,  upon  completion  of  a  sufficient  portion  thereof  for 
its  accommodation,  and  shall,  while  there  deposited,  be  subject  to  the  same 
regulations  as  the  library  of  Congress,  except  as  hereinafter  provided. 

SEC.  2.  And  be  it  further  enacted,  That  when  such  library  shall  have  been 
so  removed  and  deposited,  the  Smithsonian  Institution  shall  have  the  use 
thereof  in  like  manner  as  it  is  now  used,  and  the  public  shall  have  access  thereto 
for  purposes  of  consultation  on  every  ordinary  week  day  except  during  one 


708  CONGRESSIONAL    PROCEEDINGS. 

month  of  each  year,  in  the  recess  of  Congress,  when  it  may  be  closed  for- 
renovation  All  the  hooks,  maps,  and  charts  of  the  Smithsonian  library 
shall  be  properly  cared  for  and  preserved  in  like  manner  as  are  those  of  the 
Congressional  library,  from  which  the  Smithsonian  library  shall  not  be 
removed  except  on  reimbursement  by  the  Smithsonian  Institution  to  the 
Treasury  of  the  United  States  of  expenses  incurred  in  binding  and  in  tak- 
ing care  of  the  same,  or  upon  such  terms  and  conditions  as  shall  be  mutually 
agreed  upon  by  Congress  and  the  regents  of  said  institution. 

SEC  3  And  be  it  further  enacted,  That  the  Smithsonian  Institution, 
through  its  secretary,  shall  have  the  use  of  the  library  of  Congress,  subject 
to  the  same  regulations  as  Senators  and  Representatives. 

SEC.  4.  And  be  it  further  enacted.  That  the  librarian  of  Congress  shall  be 
authorized  to  employ  two  additional  assistants,  who  shall  receive  a  yearly 
compensation  of  eight  hundred  dollars,  and  one  thousand  dollars,  respec- 
tively, commencing  July  one,  eighteen  hundred  and  sixty-six,  to  be  paid 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated. 

SEC.  5.  And  be  it  further  enacted,  That  the  sum  of  five  hundred  dollars,, 
or  so  much  thereof  as  may  be  necessary,  shall  be  appropriated,  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated,  to  defray  the  expenses 
of  the  removal  herein  provided  for. 

May  7,  1866.— Annual  report,  for  1865,  presented. 
Mr.  GARFIELD  moved  that  5,000  extra  copies  be  printed. 
June  8,  1866. — Mr.  LAFLIN,  from  the  Committee  on  Print- 
ing, submitted  the  following  resolution ;  which  was  adopted  : 

Resolved,  That  5,000  extra  copies  of  the  last  report  of  the  Smithsonian 
Institution  be  printed ;  2,000  for  the  use  of  the  institution,  and  3,000  for 
the  use  of  the  members  of  this  House. 

February  1, 1867. — The  following'rnemorial  was  presented 
to  Congress  : 

To  the  honorable  the  Senate  and  House  of  Representatives,  $c. :  The  Board 
of  Regents  of  the  Smithsonian  Institution  have  directed  the  undersigned 
to  transmit  to  your  honorable  body  the  resolution  herewith  appended,  and 
to  solicit  the  passage  of  an  act  in  accordance  therewith. 

It  is  known  to  your  honorable  body  that  the  original  sum  received  into 
the  United  States  Treasury  from  the  bequest  of  James  Smithson,  of  Eng- 
land, was  $515,169,  which  was  considered  a  trust  fund,  the  interest  alone  to 
be  applied  to  carrying  out  the  purpose  of  the  testator,  viz:  "  The  increase 
and  diffusion  of  knowledge  among  men." 

This,  however,  was  not  the  whole  of  the  Smithsonian  bequest,  the  sum 
of  £5,015  sterling  having  been  left  by  Hon.  R.  Rush,  the  agent  of  the 
United  States,  as  the  principal  of  an  annuity  to  the  mother  of  the  nephew 
of  Smithson. 

The  annuitant  having  died,  the  sum  of  $26,210.63  has  been  received  from 
this  source,  and  is  now  in  charge  of  the  Secretary  of  the  Treasury  of  the 
United  States  ;  and  no  provision  having  been  made  in  the  act  of  August 
10,  1846,  establishing  the  institution,  for  the  disposition  of  this  remainder 
of  the  legacy,  your  memorialists,  in  behalf  of  the  Board  of  Regents,  now 
ask  that  it  be  added  to  the  original  bequest  on  the  same  terms  ;  and  that 
the  increase  which  has  arisen  from  interest  or  otherwise  on  the  sum  before 
mentioned,  also  in  the  hands  of  the  Treasury  Department  of  the  United 
States,  be  transferred  to  the  Board  of  Regents  for  assisting  to  defray  the 
expense  of  the  reconstruction  of  the  building,  and  for  other  objects  of  the 
institution. 

And  your  memorialists  would  further  ask  that  the  Board  of  Regents  be 
allowed  to  place  in  the  Treasury  of  the  United  States,  on  the  same  terms 
as  the  original  bequest,  such  sums  of  money  as  may  accrue  from  savings  of 


THIRTY-NINTH    CONGRESS,    1865-67.  709 

.income  and  from  other  sources,  provided  the  whole  amount  thus  received 
Into  the  Treasury  shall  not  exceed  one  million  dollars. 

The  sole  object  of  this  request  is  the  permanent  investment  and  perpetual 
security  of  the  entire  Smithsonian  bequest  and  such  other  sums  as  may  be 
accumulated  from  savings  of  accrued  interest,  legacies,  &c. 
And  your  memorialists  will  ever  pray,  &c. 

S.  P.  CHASE, 

Chancellor. 
JOSEPH  HENKY, 
Secretary  Smithsonian  Institution. 

Resolved,  $c.,  That  an  application  be  made  to  Congress  for  an  act  author- 
izing the  Treasurer  of  the  United  States  to  receive  into  the  Treasury,  on 
the  same  terms  as  the  original  bequest,  the  residuary  legacy  of  James 
Smithson,  now  in  United  States  bonds  in  the  hands  of  said  Treasurer, 
namely,  $26,210.63,  together  with  such  other  sums  as  the  Kegents  may 
from  time  to  time  see  fit  to  deposit,  not  exceeding,  with  the  original  bequest, 
the  sum  of  $1,000,000  ;  and  that  the  income  which  has  accrued  or  may  ac- 
crue from  said  residuary  legacy  be  applied  in  the  same  manner  as  the 
interest  on  the  original  bequest. 

Mr.  PATTERSON  introduced  the  following  bill ;  which  was 
passed  : 

Be  it  enacted,  $c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is 
hereby,  authorized  and  directed  to  receive  into  the  Treasury,  on  the  same 
terms  as  the  original  bequest,  the  residuary  legacy  of  James  Smithson,  now 
in  United  States  bonds,  in  the  hands  of  said  Secretary,  namely :  twenty-six 
thousand  two  hundred  and  ten  dollars  and  sixty-three  cents,  together  with 
such  other  sums  as  the  regents  may  from  time  to  time  see  fit  to  deposit,  not 
exceeding,  with  the  original  bequest,  the  sum  of  one  million  dollars. 

SEC.  2.  And  be  it  further  enacted,  That  the  increase  which  has  accrued, 
-or  which  may  hereafter  accrue,  from  said  residuary  legacy,  shall  be  applied 
T>y  the  Board  of  Eegents  of  the  Smithsonian  Institution  in  the  same  manner 
as  the  interest  on  the  original  bequest,  in  accordance  with  the  provisions  of 
the  act  of  August  tenth,  eighteen  hundred  and  forty-six,  establishing  said 
institution. 

February  23,  1867. — The  clerk  read  as  follows : 

For  the  preservation  of  the  collections  of  the  exploring  and  surveying 
expeditions  of  the  Government,  $4,000. 


Mr.  PATTERSON.     I  move  to  amend  the  paragra] 
by  omitting  the  word  "four"  and  inserting  in  lieu  thereof 
"ten,"  so  as  to  increase  the  appropriation  to  $10,000. 

The  amendment  was  agreed  to. 

February  27,  1867. — Annual  report  for  1866,  presented. 
Mr.  GARFIELD  moved  that  5,000  extra  copies  be  printed. 

February  28,  1867. — Mr.  LAFLIN,  from  the  Committee 
on  Printing,  offered  the  following  resolution,  which  was 
adopted  : 

Resolved,  That  5,000  additional  copies  of  the  last  report  of  the  Smith- 
sonian Institution  be  printed  ;  2,000  for  the  use  of  the  Smithsonian  Institu- 
.tion,  and  3,000  for  the  use  of  the  members  of  this  House ;  and  that  the  same 
/be  stereotyped. 


710  CONGRESSIONAL    PROCEEDINGS. 

March  2,  1867. — The  House  rejected  the  joint  resolution 
of  the  Senate,  providing  for  the  exchange  of  public  docu- 
ments. Subsequently,  on  motion  of  Mr.  Laflin,  the  House 
reconsidered  its  action,  and  passed  the  resolution. 

March  7,  1867. — The  Speaker  appointed  Mr.  Luke  P. 
Poland,  of  Vermont,  a  llegent  of  the  Smithsonian  Institu- 
tion, to  fill  the  vacancy  occasioned  by  the  election  of  Mr. 
J.  W.  Patterson  to  the  United  States  Senate. 


FORTIETH  CONGRESS. 
SENATE,  January  6,  1868. 
Mr.  TRUMBULL  offered  the  following  resolution  : 

Resolved  $c.,  That  the  vacancies  in  the  Board  •>!'  Rodents  of  the  Smith- 
sonian Institution  of  the  class  "  other  than  niemlirr-  nf  Cmi^rex  "  In-  filloj 


by  the  appointment  of  Theodore  D.  Woolscy  of  Connecticut,  William  B. 
Astor  of  New  York,  John  Maclean  of  New  Jersey,  and  Peter  Parker  ..f 
the  city  of  Washington. 

January  7,  1868.  —  The  above  resolution  was  adopted. 

May  2,  1868.  —  The  PRESIDENT  pro  tcmporc  laid  before  the 
Senate  a  communication  from  the  Board  of  Uegents  of  the 
Smithsonian  Institution,  which  was  referred  to  the  Commit- 
tee on  Appropriations,  and  ordered  to  be  printed.  (See 
House,  May  1,  1868.) 

May  29,  1868.  —  Annual  report,  for  1867,  was  presented. 
Mr.  TRUMBULL  moved  to  print  5,000  extra  copies. 

May  30,  1868.  —  Mr.  ANTHONY,  from  the  Committee  on 
Printing,  reported  the  following  resolution,  which  was 
adopted  : 

Resolved,  That  5,000  additional  copies  of  the  report  <>t'  the  Smithsonian 
Institution,  for  the  year  1867,  be  printed;  3,000  for  the  u<r  <>f  the  S.-nate,  and 
2,000  for  the  use  of  the  Smithsonian  Institution,  and  that  the  said  report 
be  stereotyped  :  Provided,  That  the  aggregate  number  <>f  pages  of  -aid  report 
shall  not  exceed  450,  without  illustrations,  except  those  furnished  by  the 
Smithsonian  Institution. 

June  16,  1868.—  Mr.  HARLAN  presented  a  report  of  the 
Executive  Committee  of  the  Regents  of  the  Smithsonian 
Institution,  on  the  influences  of  the  Washington  city  canal 
on  the  health  of  the  population  of  the  city  ;  which  was  re- 
ferred to  the  Committee  on  the  District  of  Columbia,  and 
ordered  to  be  printed. 

(See  Smithsonian  Report,  for  1868,  page  111,  and  Senate  Mis.  Doc.  No. 
95,  40th  Congress,  2d  Sess.) 


FORTIETH    CONGRESS,    1867-69.  711 

January  22,  1869. — Mr.  WILSON  offered  the  following 
resol  ution  ;  which  was  adopted  : 

Resolved,  #c.,  That  Louis  Agassiz,  of  Cambridge,  Massachusetts,  be,  and 
he  is  hereby,  reappointed  a  Regent  of  the  Smithsonian  Institution  to  fill 
the  vacancy  occasioned  by  the  expiration  of  his  present  term. 

February  13,  1869. — Annual  report  for  1868,  presented, 
and  ordered  to  be  printed. 

Mr.  FESSENDEN  offered  a  resolution  to  have  additional 
copies  printed. 

March  1,  1869. — Mr.  ANTHONY,  from  the  Committee  on 
Printing,  reported  the  following  resolution ;  which  was 
adopted  : 

Resolved,  That  5,000  copies  of  the  report  of  the  Smithsonian  Institution, 
for  the  year  1868,  be  printed  ;  8,000  for  the  use  of  the  Senate,  and  2,000  for 
the  use  of  the  institution  ;  and  that  said  report  be  stereotyped  :  Provided, 
That  the  aggregate  number  of  pages  of  said  report  shall  not  exceed  450, 
without  illustrations,  except  those  furnished  by  the  institution. 

HOUSE  OF  REPRESENTATIVES,  January  7,  1868. 

The  SPEAKER  announced  the  appointment,  as  Regents  of 
the  Smithsonian  Institution,  of  Mr.  Jas.  A.  Garfield  of  Ohio, 
Mr.  L.  P.  Poland  of  Vermont,  and  Mr.  J.  V.  L.  Pruyn,  of 
]STew  York. 

On  motion  of  Mr.  GARFIELD  the  Senate  resolution  of 
January  7th,  to  appoint  Messrs.  Woolsey,  Astor,  McLean 
and  Parker,  as  regents,  was  adopted. 

February  27,  1868. — The  civil  appropriation  bill  being 
under  consideration,  the  clerk  read : 

Smithsonian  Institution:  "For  the  preservation  of  the  collections  of  the 
exploring  and  surveying  expeditions  of  the  Government,  $1,000." 

Mr.  POLAND.  I  move  to  amend  the  paragraph  just  read 
by  striking  out  "$1,000"  and  inserting  "  $6,000."  I  appre- 
hend that  the  Committee  on  Appropriations  had  not,  proba- 
bly, looked  into  the  history  of  this  annual  appropriation  to 
the  Smithsonian  Institution  for  taking  care  of  these  collec- 
tions of  the  Government  when  they  concluded  to  report  this 
sum.  These  collections  were  kept  in  the  Patent  Office  build- 
ing up  to  1857,  and  were  then  much  smaller  than  they  are 
now.  An  annual  appropriation  of  $4,000  for  the  purpose 
of  taking  care  of  these  collections  was  made  from  1842  to 
1857.  In  1857  the  room  occupied  for  that  purpose  in  the 
Patent  Office  building  was  needed  for  other  purposes,  for 
models,  &c.,  and  these  collections  were  then  removed  to  the 
Smithsonian  building,  where  they  have  since  been  kept. 
An  annual  appropriation  of  §4,000  for  their  preservation 
was  made  from  1857  to  last  year,  when  the  sum  was  in- 


712  CONGRESSIONAL    PROCEEDINGS. 

creased  to  §10,000.  These  collections  have  been  very  largely 
increased ;  they  have  been  doubled  ;  in  fact,  they  have  been 
quadrupled,  since  they  were  removed  to  the  Smithsonian 
building,  and  the  expense  of  taking  care  of  them  has  been 
very  largely  increased  in  consequence  of  the  general  increase 
of  the  prices  of  labor,  fuel,  and  everything  that  goes  to  make 
up  that  expense.  Even  if  the  amount  of  labor  had  not  been 
increased  in  consequence  of  the  increase  of  the  collections, 
the  appropriation,  which  from  1842  to  1866  was  $4,000, 
ought  to  be  increased  to  at  least  $6,000. 

The  fund  of  the  Smithsonian  Institution,  whatever  it  may 
be,  is  a  fixed  sum,  and  in  consequence  of  the  great  increase 
in  the  prices  of  everything,  it  is  not  now  worth  more  than 
half  as  much  to  the  institution  as  it  was  formerly.  A  very 
large  portion  of  the  income  from  the  fund  for  the  institution 
for  the  last  two  years  has  had  to  be  expended  in  refitting 
and  repairing  the  building,  rendered  necessary  by  the  de- 
structive and  ruinous  fire  that  occurred  there  in  1865.  It 
seems  to  me  there  can  be  no  question  but  what  the  appro- 
priation for  this  purpose  should  be  at  least  $6,000. 

Mr.  UPSON.  Who  has  the  disbursing  of  this  money,  and 
what  account  is  ever  rendered  to  anyone  of  the  manner  in 
which  it  was  expended  ? 

Mr.  POLAND.  It  is  disbursed  under  the  care  of  Professor 
Henry,  one  of  the  most  prudent  men  in  the  country,  and 
it  is  all  reviewed  by  the  Board  of  Regents. 

Mr.  WASHBURNE,  of  Illinois.  The^Committee  on  Appro- 
priations thought  that  $1,000  a  year  was  about  as  much  as 
the  people  of  this  country  desire  to  pay  to  preserve  the  col- 
lections of  the  exploring  and  surveying  expeditions  of  the 
Government.  The  amount  appropriated  heretofore  has  been 
much  larger,  as  the  gentleman  from  Vermont  [Mr.  Poland] 
has  said.  I  had  a  conversation  this  morning  with  Professor 
Henry,  who  stated  to  me  how  this  appropriation  was  to  be 
used.  From  what  he  told  me,  I  am  willing  to  admit  that 
there  should  be  appropriated  a  much  larger  sum  than  the 
committee  have  reported  in  this  bill,  though  not  so  much 
as  $6,000,  as  the  gentleman  from  Vermont  has  proposed. 
The  Professor  himself  expressed  himself  satisfied  with 
$4,000,  the  usual  annual  appropriation  for  this  purpose. 

Mr.  POLAND.  It  may  be  true  that  Professor  Henry  did 
not  desire  to  have  the  friends  of  the  Smithsonian  Institu- 
tion to  get  into  a  controversy  with  the  gentleman  from  Illi- 
nois, [Mr.  Washburne,]  for  he  knew  too  well  how  much 
was  involved  in  that;  and,  "  to  buy  his  peace,"  as  lawyers 
say,  he  agreed  to  take  $4,000  instead  of  asking  for  $6,000. 


FORTIETH    CONGRESS,    1867-69.  713 

He  tells  ine,  and  I  have  no  doubt  tells  the  gentleman,  that 
$6,000  is  needed,  and  that  he  ought  to  have  it. 

Mr.  WASHBURNE,  of  Illinois.  I  understood  that  he  would 
be  entirely  satisfied  with  $4,000.  And  I  will  say  that,  instead 
of  losing  anything  by  any  controversy  with  me,  he  would 
certainly  obtain  an  additional  amount  here  by  getting  into 
any  such  controversy.  Will  the  gentleman  from  Vermont 
[Mr.  Poland]  consent  to  modify  the  amendment  by  making 
the  amount  $4,000  ? 
Mr.  POLAND.  No,  sir. 

Mr.  PRUYN.  Mr.  Chairman,  I  move  pro  forma  to  amend 
the  amendment  by  making  the  amount  $7,500.  I  am  pre- 
pared to  corroborate  in  all  substantial  particulars  the  state- 
ment made  by  the  gentleman  from  Vermont,  [Mr.  Poland.] 
It  is  quite  impossible  that  these  collections  can  be  taken  care 
of  for  a  less  sum  than  five  or  six  thousand  dollars.  They 
occupy  the  large  hall  of  the  Smithsonian  Institution,  the 
best  part  of  the  whole  building.  The  rent  of  such  a  room 
anywhere  else  in  this  city  would  cost  as  much  as  the  appro- 
priation asked  for.  If  the  gentleman  from  Illinois  will  agree 
to  an  appropriation  of  $5,000,  I  will  modify  my  amendment 
so  as  to  name  that  sum. 

Mr.  WASHBURNE,  of  Illinois.  No,  sir;  $4,000  is  the  usual 
appropriation,  and  I  see  no  reason  why,  in  the  present  con- 
dition of  our  finances,  we  should  increase  it. 

Mr.  PRUYN.  I  withdraw  my  amendment ;  but  I  hope  the 
•committee  will  agree  to  vote  at  least  $6,000  for  this  purpose. 
Mr.  SELYE.  Mr.  Chairman,  I  rise  to  oppose  the  amend- 
ment. I  would  like  to  know  of  what  this  institution  consists. 
1  would  like  the  gentleman  from  New  York  [Mr.  Pruyn]  or 
the  gentleman  from  Vermont  [Mr.  Poland]  to  tell  us  how 
-many  of  his  constituents  ever  saw  this  institution,  or  ever 
will  see  it,  or  ever  want  to  see  it  ?  It  is  enough  to  make  any 
man  or  woman  sick  to  visit  that  institution.  No  one  can 
expect  to  get  any  benefit  from  it,  I  am  opposed,  sir,  to 
taxing  my  constituents  $7,000  a  year  to  keep  up  any  such 
institution. 

Mr.  POLAND.  In  accordance  with  what  seems  to  be  the 
-wish  of  gentlemen  around  me,  I  modify  my  amendment  so 
.as  to  make  the  amount  $5,000. 

On  the  amendment  of  Mr.  Poland,  as  modified,  there 
•\vere — ayes  50,  noes  53. 

Mr.  POLAND  called  for  tellers. 

Tellers  were  ordered;  and  Messrs.  Spalding  and  Selye 
were  appointed. 


714  CONGRESSIONAL    PROCEEDINGS. 

The  committee  divided ;  and  the  tellers  reported — ayes 
40,  noes  55. 

So  the  amendment  was  not  agreed  to. 

Mr.  TWICHELL.  I  move  to  amend  by  striking  out  "one" 
and  inserting  "four;  "  so  as  to  make  the  paragraph  read  : 

For  the  preservation  of  tin-  collections  of  the  exploring  aud  surveying 
expeditions  of  the  Government,  $4,000. 

The  amendment  was  agreed  to. 

May  1,  1868.— The  SPEAKER  laid  before  the  House  the 
following  communication  from  the  Board  of  Regents  of  the 
Smithsonian  Institution;  which,  on  motion  of  Mr.  (larlield, 
was  referred  to  the  Committee  on  Appropriations,  and 
ordered  to  be  printed  : 

To  the  honorable  the  Senate  &nd Houst  «'  A'- /"•><>» i«i'i »•/•*,  ,\v.  .•  In  behalf 
of  the  Board  of  Regents  of  tin-  Smithsonian  Institution,  tin-  undersigned 
beg  leave  respectfully  to  submit  to  your  honorable  body  tin-  following 
statement,  and  to  solicit  such  action  in  regard  to  it  as  may  be  deemed  just 
and  proper : 

The  act  of  Congress  organixing  tin-  institution  ordered  the  erection  of  a 
building  which  should  accommodate,  on  a  liberal  scale,  besides  a  library 
and  a  gallery  of  art,  a  museum,  consisting  of  all  the  specimen-  of  natural 
history,  geology,  and  art,  which  then  belonged  to  the  Government,  op  which 
might  thereafter  come  into  its  possession  by  exchange  op  otherwise.  Al- 
though the  majority  of  the  Rcgent>  did  not  consider  the  maintenance  of 
these  objects  to  be  in  accordance  with  the  intention  of  Smith>on.  as  infepped 
from  a  strict  interpretation  of  the  terms  of  his  will,  yet  in  obedience  to 
the  commands  of  Congress  they  proceeded  to  erect  a  building  of  the  neces- 
sary dimensions,  and  to  take  charge  of  the  Government  collections. 

The  erection  and  maintenance  of  so  large  and  expensive  an  edifice,  in- 
volving an  outlay  of  $450,000,  and  the  charge  of  the  Government  museum, 
have  proved  a  grievous  burden  on  the  institution,  increasing  from  year  to 
year,  which,  had  not  its  effects  been  counteracted  by  a  judicious  manage- 
ment of  the  funds,  would  have  paralyxed  the  legitimate  operations  of  the 
establishment,  and  frustrated  the  evident  intention  of  Smith>on. 

It  is  true  that  Congress,  at  the  time  the  specimens  were  transferred  to  tho 
institution,  granted  an  appropriation  of  $4,000  for  their  care  and  preserva- 
tion, that  being  the  equivalent  of  the  estimated  <-o-t  t.f  the  maintenance  of 
these  collections  in  the  Patent  Office,  where  they  had  previously  been  ex- 
hibited. But  this  sum,  from  the  rise  in  prices  and  the  expansion  of  the 
museum  by  the  specimens  obtained  from  about  fifty  exploring  expeditions 
ordered  by  Congress,  scarcely  more  than  defrays,  at  the  present  time,  one- 
third  of  the  annual  expense.  In  this  estimate  no  account  is  taken  of  the 
rent  of  the  part  of  the  building  devoted  to  the  museum  of  the  Government, 
which,  at  a  moderate  estimate,  would  be  $20,000  per  annum. 

Besides  the  large  expenditure  which  has  already  been  made  on  the  build- 
ing, at  least  $50,000  more  will  be  required  to  finish  the  large  hall  in  the 
second  story,  necessary  for  the  full  display  of  the  specimens  of  the  Govern- 
ment. But  the  Regents  do  not  think  it  Judicious  further  to  embarrass  the 
active  operations  for  several  years  to  conic,  by  devoting  a  large  part  of  the 
income  to  this  object,  and  have,  therefore,  concluded  to  allow  this  room  to 
remain  unfinished  until  other  means  are  provided  for  completing  it. 

It  is  not  by  its  castellated  building  nor  the  exhibition  of  the  museum  of 
the  Government  that  the  institution  has  achieved  its  present  reputation,  nor 
by  the  collection  and  display  of  material  objects  of  any  kind  that  it  has 
vindicated  the  intelligence  and  good  faith  of  the  Government  in  the  admin- 


FORTIETH    CONGRESS,    1867-69.  •     715 


every  part  of  the  civilized  world,  has  made  contributions  to  almost  every 
branch  of  science,  and  brought  more  than  ever  before  into  immediate  and 
friendly  relations  the  Old  and  the  New  Worlds. 

A  central  museum  for  a  complete  representation  of  the  products  or 
America,  with  such  foreign  specimens  as  may  be  required  for  comparison 
and  generalization,  is  of  great  importance,  particularly  as  a  means  of  devel- 
oping and  illustrating  our  industrial  resources,  as  well  as  of  facilitating  the 
studv  of  the  relations  of  our  geology,  mineralogy,  flora  and  fauna,  to  those 
of  the  Old  World.  But  the  benefit  of  such  an  establishment  is  principally 
confined  to  this  country,  and  does  not  partake  of  the  cosmopolitan  charac- 
ter of  an  institution  such  as  Smithson  intended  to  found,  and  therefore 
ought  not  to  be  supported  from  his  bequest. 

The  Board  of  Regents  are  confident  that  upon  a  full  consideration  of  the 
case,  your  honorable  body  will  grant  an  adequate  support  for  the  collections 
of  the  Government,  and  also  an  appropriation  for  finishing  the  repairs  of 
the  building,  and  eventually,  when  the  financial  condition  of  the  country 
will  permit,  for  the  independent  maintenance  of  a  national  museum. 

It  may  not  be  improper,  in  addition  to  what  has  been  said,  to  recall  the 
fact  that  the  Smithsonian  Institution  has  transferred,  without  cost,_to  the 
library  of  Congress,  one  of  the  most  valuable  and  complete  collections  of 
the  transactions  of  scientific  and  learned  societies  and  serial  publications  in 
existence,  consisting  of  at  least  50,000  works,  which,  with  the  annual  con- 
tinuations of  the  same  series,  must  render  Washington  a  centre  of  scientific 
knowledge,  and  the  library  itself  worthy  of  the  nation  ;  and  that  it  has 
also  presented  to  the  Government  its  valuable  collection  of  specimens  of 
art  illustrating  the  history  of  engraving  from  the  earliest  periods.  It  is 
prepared  to  render  a  similar  service  to  a  national  museum,  by  the  exchanges 
from  foreign  museums  to  which  it  has  been  a  liberal  contributor,  and  which 
may  be  obtained  as  soon  as  means  are  provided  for  their  transportation 
and  accommodation. 

It  may  also  be  mentioned  that  the  institution  has  rendered  important 
service  to  the  Government  through  the  scientific  investigations  it  has  made 
in  connection  with  the  operations  of  the  different  departments,  and  it  is  not 
too  much  to  say  that,  through  the  labors  of  its  officers,  it  has  been  the 
means  of  saving  millions  of  dollars  to  the  national  Treasury. 

In  conclusion,  your  memorialists  beg  leave  to  represent,  on  behalf  of  the 
Board  of  Regents,  that  the  usual  annual  appropriation  of  $4,000  is  wholly  in- 
adequate to  the  cost  of  preparing,  preserving,  and  exhibiting  the  specimens,, 
the  actual  expenditure  for  that  purpose  in  1867  having  been  over  $12,000;. 
and  they  take  the  liberty  of  respectfully  urging  on  your  honorable  body 
the  expediency  of  increasing  it  to  $10,000,  and  that  a  further  sum  of  $25,000 
be  appropriated  at  this  session  of  Congress  towards  the  completion  of  the 
hall  required  for  the  Government  collections. 

And  vour  memorialists  will  ever  pray,  &c. 

S.  P.  CHAo.L, 
Chancellor  Smithsonian  Institution, 

JOSEPH  HENRY, 
Secretary  Smithsonian  Institution, 

May  29,  1868.— Annual  report,  for  1867,  presented. 
Mr.  GARFIELD  moved  to  print  5,000  extra  copies. 
Jane  5,  1868.— Mr.  LAFLIN,  from  Committee  on  Printing,, 
reported 'the  following  resolution,  which  was  adopted  : 

Resolved,  That  there  be  printed  5,000  extra  copies  of  the  report  of  the 
Smithsonian  Institution  ;  3,000  for  the  use  of  the  House,  and  2,000  for  the 


716  CONGRESSIONAL    PROCEEDINGS. 

'institution;    the  same  to  be  stereotyped,  at  the  expense  heretofore  pro- 
vided for. 

July  25,  1868. — The  following  resolution  was  passed  : 

Resolved,  $c.,  That  the  Congressional  Printer,  whenever  he  shall  he  so 
directed  by  the  Joint  Committee  on  the  Library,  be,  and  he  hereby  is,  di- 
rected to  print  fifty  copies,  in  addition  to  the  regular  number,  of  all  docu- 
ments hereafter  printed  by  order  of  either  House  of  Congress,  or  by  order 
of  any  department  or  bureau  of  the  Government,  and  whenever  he  shall 
be  so  directed  by  the  Joint  Committee  on  the  Library,  one  hundred 
copies  additional  of  all  documents  ordered  to  be  printed  in  excess  of  tho 
usual  number  ;  said  fifty  or  one  hundred  copies  to  be  delivered  to  the  Libra- 
rian of  Congress,  to  be  exchanged,  under  direction  of  the  Joint  Committee 
on  the  Library,  as  provided  by  joint  resolution  approved  March  2,  1867. 

SEC.  2.  And  be  it  further  resolved,  That  fifty  copies  of  each  publication 
printed  under  direction  of  any  department  or  'bureau  of  the  Government, 
whether  at  the  Congressional  Printing  Office  or  elsewhere,  shall  be  placed 
at  the  disposal  of  the  Joint  Committee  on  the  Library,  to  carry  out  tho 
provisions  of  said  resolution. 

February  13,  1869. — Annual  report  of  Smithsonian  Insti- 
tution, for  1868,  presented,  and  ordered  to  be  printed. 

Mr.  PRUYN  offered  a  resolution  to  have  5,000  extra  copies 
printed. 

Mr.  INGERSOLL  moved  to  increase  the  number  of  extra 
copies  to  10,000,  on  account  of  the  value  of  the  document. 

February  27,  1869. — Mr.  LAFLIN,  from  the  Committee 
on  Printing,  reported  the  following  resolution,  which  was 
adopted  : 

Resolved,  That  there  be  printed  5,000  extra  copies  of  the  report  of  the 
Smithsonian  Institution  ;  3,000  for  the  use  of  the  House,  and  2,000  for  the 
use  of  the  institution  ;  the  sume  to  be  stereotyped,  at  the  expense  heretofore 
provided  for. 

March  1,  1869. — The  House  having  under  consideration 
the  miscellaneous  appropriation  bill,  the  clerk  read  the  fol- 
lowing amendment : 

For  the  preservation  of  the  collections  of  the  exploring  and  surveying 
expeditions  of  the  Government,  $4,000. 

Mr.  GARFIELD.  I  move  to  amend  this  paragraph  by 
striking  out  "  &4.000  "  and  inserting  "$10,000."  And  I 
wish  briefly  to  call  the  attention  of  the  Committee  of  the 
Whole  to  the  facts  upon  which  I  base  my  motion. 

In  1846,  when  the  Smithsonian  Institution  was  founded, 
the  Government  of  the  United  States,  by  a  law  of  Congress, 
transferred  to  that  institution  all  the  articles  now  belonging 
to  the  museum  which  the  Government  then  owned.  At 
that  time  it  was  costing  $4,000  a  year  to  take  care  of  and 
preserve  those  articles.  Since  then  a  great  number  of  ex- 
ploring expeditions  have  been  sent  out  by  the  Government, 
.and  large  additions  have  been  made  to  the  museum  ;  and 


FORTIETH    CONGRESS,    1867-69.  717 

the  actual  cost  of  taking  care  of  and  keeping  the  articles 
which  the  Government  now  owns  amounts  to  more  than 
$10,000  a  year.  Having  imposed  this  duty  upon  the  Smith- 
sonian Institution,  it  is  wrong  for  the  Government  to  ask 
that  institution  to  pay  $6,000  out  of  its  own  fund — donated  by 
a  foreigner  to  the  cause  of  science  in  this  country — for  the 
care,  preservation,  and  custody  of  Government  property  r 
to  say  nothing  of  the  use  of  the  building  for  that  purpose. 

Mr.  MAYNARD.  What  are  the  items  of  the  expenditure 
for  that  purpose  ?  It  certainly  is  not  all  for  personal  super- 
vision. 

Mr.  GARFIELD.  Only  so  far  as  the  Board  of  Regents 
have  to  employ  persons  to  take  care  of  and  watch  that 
these  things  are  properly  guarded.  I  have  here  a  memorial 
of  the  Board  of  Regents,  of  which  I  am  a  member.  It  is 
signed  by  the  Chancellor  of  the  Institution,  Chief  Justice 
Chase,  and  by  the  Secretary  of  the  Institution,  Professor 
Henry.  Accompanying  that  is  a  detailed  statement  of  the 
expenses  of  the  National  Museum  for  the  year  1868.  I  ask 
the  attention  of  members  to  these  papers. 

[See  proceedings  of  May  1,  1868.] 

The  following  is  a  statement  of  the  expense  of  the  Na- 
tional Museum,  for  the  year  1868  : 

Glass  for  cases $154  33 

Carbolic  acid,  insect  powder,  and  arsenic 72  85 

Glass  bottles  and  jars 96  68 

Trays 180  01 

Wrapping  paper 63  90 

Benzine,  paint,  oil,  varnish,  putty,  brushes 201  87 

Saucers  for  nests  and  eggs 22  30 

Stationery,  index-books,  and  blanks . 123  57 

Labels  for  specimens 208  04 

Locks,  keys,  handles,  funnels,  measures,  tools,  cans,  &c. 185  05 

Paper  and  poison  for  plants 347  20 

Numbers  and  labels  for  minerals 94  41 

Examination,  cleaning,  assorting,  and  labeling  shells 1,168  95 

Books  for  proper  labeling  specimens 430  47 

Tow  for  stuffing  large  animals  (bears) 24  90 

Artificial  eyes  for  birds,  &c . 35  95 

Packing  boxes 50  40 

Alcohol 400  00 

Mounting  birds,  beaver,  &c, 195  50 

Freight  on  collections 1,200  00 

"Walnut  cases  for  specimens 1,100  00 

Heating  room  for  collections 500  00 

Assistants,  one  at  $2,500,  one  at  $600,  one  at  $500,  and  one  at 

$300 3,900  00 

Laborers,  and  watchmen,  one  at  $840,  one  at  $660,  one  at  $600, 

one  at  $312,  und  one  at  $312 2,724  00 

$13,480  38 


718  CONGRESSIONAL    PROCEEDINGS. 

Iii  addition  to  the  foregoing,  $125,000  have  been  expended 
since  the  fire  in  1865  on  that  part  of  the  building  required 
for  the  accommodation  of  the  museum,  the  interest  on 
which,  at  six  per  cent.,  would  be  $7,500  annuallv. 

The  bequest  to  found  this  institution  was  from  a  foreigner 
who  never  visited  the  United  States.  He  bequeathed"  his 
fortune  with  unreserved  confidence  to  our  Government  for 
the  advancement  of  science,  to  \vhich  he  had  devoted  his 
own  life.  The  sac-redness  of  the  trust  is  enhanced  from  the 
fact  that  it  was  accepted  after  the  death  of  him  by  whom  it 
was  confided.  The  only  indications  of  his  intentions  whieh 
we  possess  are  expressed  in  the  terms  of  his  will.  It  there- 
fore became  of  the  first  importance  that  the  import  of  these 
terms  should  be  critically  analyzed  and  the  logical  infer- 
ence from  them  faithfully  observed.  The  whole  is  con- 
tained in  these  few  and  explicit  words  : 

"  To  found  at  Washington,  under  the  name  of  the  Smithsonian  Institu- 
tion, an  establishment  for  tho  increase  and  diffusion  of  knowlrdgi-  among 
men. " 

These  terms  have  a  strictly  scientific  import,  and  are  sus- 
ceptible of  a  series  of  definite  propositions. 

First.  The  bequest  is  for  the  benefit  of  mankind  ;  not  to 
be  confined  to  one  country,  to  one  race,  but  to  all  men  of 
all  complexions. 

Second.  The  objects  of  the  institution  are  primarily  to  in- 
crease, and  secondly,  to  diffuse  knowledge  among  men,  and 


,  t.? 

these  objects  should  not  be  confounded  with  each  other. 

The  will  makes  no  restriction  of  anv  kind  of  knowledge, 
hence,  every  branch  of  science  capable  of  advancements 
entitled  to  a  share  of  attention. 

Though  the  terms  of  the  will  are  explicit  and  convey 
precise  scientific  ideas  to  those  who  are  acquainted  with 
their  technical  significance,  yet  to  the  public  generally  they 
might  seem  to  admit  of  a  greater  latitude  of  construction 
than  has  been  put  upon  them.  It  is,  therefore,  not  sur- 
prising that  at  the  commencement,  improper  conceptions  of 
the  nature  of  the  bequest  should  have  been  entertained  or 
that  Congress  in  the  act  of  organization  should  direct  the 

osecution  of  objects  incompatible  with  the  strict  inter- 

etation  of  it  or  to  impose  burdens  upon  the  institution 
tending  materially  to  affect  its  usefulness; 

The  principal  of  such  burdens  was  the  direction  to  pro- 
vide a  building  on  an  ample  scale  to  make  provision  for  the 
accommodation  of  the  collections  of  Government,  consist- 
ing ot  all  the  specimens  of  nature  and  art  then  in  the  city  i 

9 


FORTIETH    CONGRESS,    1867-69.  719 

of  Washington  or  that  might  hereafter  become  the  property 
of  the  Government  by  exchange  or  otherwise. 

Though  the  majority  of  the  Board  of  Regents  did  not 
consider  the  expenditure  of  a  large  amount  of  the  income 
on  this  subject  in  accordance  with  the  will  of  Smithson, 
they  could  'not  refuse  to  obey  the  injunction  of  Congress, 
and  proceeded  to  erect  an  extended  building  an dj;o  take  charge 
of  the  museum  of  the  Government.  The  cost  of  this  building, 
which  at  first  was  $325,000,  has  been  increased  by  the  repa- 
ration of  damages  caused  by  the  fire  to  $450,000,  the  whole 
of  which  has  been  defrayed  from  the  annual  income.  Not- 
withstanding this  burden  the  institution  has  achieved  a 
reputation  as  wide  as  the  civilized  world,  has  advanced 
almost  every  branch  of  knowledge,  and  presented  books 
and  specimens  to  hundreds  of  institutions  and  societies  in 
this  country  and  abroad. 

It  is  not  a  mere  statical  establishment,  as  many  may 
suppose,  supporting  a  corps  of  individuals  whose  only  duty 
is  the  exhibition  of  the  articles  of  the  show  museum  ^  but 
a  living,  active  organization  that  has  by  its  publications, 
researches,  explorations,  distribution  of  specimens  and 
exchanges,  vindicated  the  intelligence  and  good  faith  of  the 
Government  in  administering  a  fund  intended  for  the  good 
of  the  whole  community  of  civilized  men.  It  has  'at  ^ the 
same  time  collected  a  library,  principally  of  the  transactions 
and  proceedings  of  learned  societies,  the  most  perfect  one 
of  the  kind  in  the  world,  consisting  of  fifty  thousand  works; 
also  a  collection  of  engravings  illustrative  of  the  progress 
and  early  history  of  the  arts,  both  of  which  it  has  trans- 
ferred to  the  Library  of  Congress.  It  is  not  alone  the  pres- 
ent value  of  the  books  which  it  has  placed  in  the  possession 
of  the  Government,  but  also  that  of  the  perpetual  continu- 
ation of  the  several  series  contained  therein. 

The  institution  has  continued  to  render  important  service 
to  the  Government  from  its  first  organization  until  the 
present  time  by  examining  and  reporting  on  scientific  ques- 
tions pertaining  to  the  operations  of  the  different  depart- 
ments, and  in  this  way,  particularly  during  the  _  war,  it  is 
not  too  much  to  say  that  it  has  saved  the  United  States 
many  millions  of  dollars. 

Let  me  say  one  word  more  before  leaving  this  subject. 
As  I  have  shown,  the  real  purpose  of  the  donation  of 
Smithson  which  the  Board  of  Regents  have  tried  to  pro- 
mote as  well  as  they  could  was  to  extend  and  circulate 
means  of  scientific  information  ;  and  the  management  of 


720  CONGRESSIONAL    PROCEEDINGS. 

the  institution  bas  always  resisted  the  tendency  to  keep  up- 
and  increase  this  museum  at  the  expense  of  this  fund. 

Recently  the  institution  has  given  over  to  the  Library  of 
Congress  a  collection  of  fifty  thousand  volumes,  constituting 
probably  the  most  perfect  scientific  library  in  the  world. 
But  we  are  still  charged  as  an  institution  with  the  cost  of 
this  rapidly-increasing  museum.  Now,  the  Regents  would 
be  glad  if  Congress  would  take  this  museum  oil  their  hands 
and  provide  otherwise  for  the  care  of  it.  It  is  a  charge  im- 
posed upon  the  institution  by  law,  a  charge  which  it  never 
sought  and  is  not  desirous  to  retain.  At  the  time  when  this 
museum  was  first  placed  in  the  custody  of  the  institution  it 
cost  but  $4,000  a  year  to  keep  it  in  the  Patent  Office.  Now 
the  care  of  that  museum  costs  three  times  that  amount.  I 
hope  therefore  that  the  committee  will  vote  $10,000  instead 
of  $4,000  for  this  purpose. 

Mr.  SPALDING.  Mr.  Chairman,  I  am  very  sorry  to  find 
the  Smithsonian  Institution  among  the  leeches  that  are  all 
the  while  crying  to  the  Treasury  of  the  United  States, 
"Give,  give!"  The  Smithsonian  is  a  wealthy  institution. 
The  Government  of  the  United  States  is  continually  paying- 
it  gold  interest  on  the  large  fund  belonging  to  the  institu- 
tion ;  but  the  institution  is  not  willing  to  bear  this  little 
additional  expense,  as  it  is  called,  from  its  own  means,  but 
wishes  to  obtain  the  money  from  the  public  Treasury.  The 
men  who  pay  the  taxes  must  contribute  the  additional  sum 
to  this  wealthy  institution. 

Sir,  we  have  loaned  to  that  institution  the  National  Mu- 
seum. We  have  paid  the  institution  for  a  series  of  years 
$4,000  annually  in  cash  for  taking  care  of  that  museum. 
The  institution  has  been  content  with  that  sum  heretofore  ; 
but  now  it  comes  in  and  asks  an  appropriation  of  $10,000 
for  this  purpose.  Sir,  we  had  better  take  away  the  museum 
from  the  care  of  that  institution.  I  had  almost  said  we 
had  better  throw  it  into  the  Potomac  than  be  constantly 
paying  these  increased  demands  from  the  Smithsonian  In- 
stitution. That  is  the  light  in  which  the  committee  have 
viewed  the  subject;  and  in  that  light  they  protest  against 
this  increase. 

The  amendment  was  not  agreed  to. 

March  2,  1869. — Joint  resolution  reappointing  Louis 
Agassiz  a  Regent  of  the  Smithsonian  Institution,  passed. 


FORTY-FIRST   CONGRESS,    1869-71.  721 

FORTY-FIRST  CONGRESS. 

SENATE,  January  18,  1870. 

On  motion  of  Mr.  TRUMBULL,  that  the  vacancy  in  the 
Board  of  Regents  of  the  Smithsonian  Institution,  caused  by 
the  death  of  Hon.  W.  P.  Fessenden,  be  filled ;  the  Vice- 
President  appointed  Mr.  Hannibal  Hamlin  a  regent. 

March  30,  1870. — Annual  report  for  1869  presented,  and 
ordered  to  be  printed. 

Mr.  TRUMBULL  offered  a  resolution  to  have  additional 
copies  printed. 

July  13,  1870. — Mr.  ANTHONY  reported,  from  the  Com- 
mittee on  Printing,  the  resolution  of  the  House  of  Repre- 
sentatives to  print  10,000  additional  copies  of  the  Smithso- 
nian report,  which  was  concurred  in. 

January  26, 1871. — Letter  of  resignation,  as  Regent  of  the 
Smithsonian  Institution,  from  General  Richard  Delafield, 
read,  as  follows,  and  laid  on  the  table  : 

WASHINGTON,  D.  C.,  January  25,  1871. 

SIR  :  The  period  of  six  years,  for  which  I  was  appointed  a  Regent  of  the 
Smithsonian  Institution,  under  a  joint  resolution  of  the  Senate  and  House 
of  Representatives,  expires  in  February. 

I  believe  the  welfare  and  the  best  interest  of  the  institution  may  be  sub- 
served by  tendering  my  resignation  of  this  trust  and  responsibility  at  the 
present  date,  that  the  Board  of  Regents  and  Congress  may  have  the  neces- 
sary time  to  appoint  my  successor  and  enable  him  to  attend  the  annual 
meeting  of  the  Board  of  Regents,  now  about  to  take  place. 

I  have  requested  Hon.  J.  A.  Garfield  to  present  my  resignation  as  a  Re- 
gent to  the  board  at  its  first  meeting,  and  should  the  occasion  require,  re- 
quest you  will  state  the  fact  to  the  Senate  of  my  having  tendered  my  resig- 
nation for  the  reasons  herein  stated. 

Respectfully,  your  obedient  servant, 

RICHARD  DKLAFIELD, 
Brigadier  General  U.  S.  A.,  (retired.) 
Hon.  SCHUYLER  COLFAX,  Vice-President  of  the  U.  S., 

Member  of  the  Board  of  Regents  of  the  Smithsonian  Institution. 

January  27,  1871. — Mr.  HAMLIN  offered  the  following 
resolution  ;  which  was  adopted  : 

Resolved,  £c.,  That  General  William  T.  Sherman  be,  and  he  is  hereby, 
appointed  a  member  of  the  Board  of  Regents  of  the  Smithsonian  Institu- 
tion, in  the  place  of  General  Richard  Delafield,  resigned. 

HOUSE  OF  REPRESENTATIVES,  February  2,  1870. 
THE  SPEAKER  announced  the  appointment  of  the  following 
Regents  of  the  Smithsonian  Institution :  Mr.  Luke  P.  Poland, 
Mr.  James  A.  Garfield,  Mr.  Samuel  S.  Cox. 

April  20,  1870. — The  resolution  by  the  Senate  to  print 
13,000  additional  copies  of  the  report  of  the  Smithsonian 
Institution  was  objected  to. 
46 


722  CONGRESSIONAL    PROCEEDINGS. 

June  7,  1870.— Mr.  ASPER  offered  a  resolution  that  2,000 
copies  of  the  reports  of  the  Smithsonian  Institution  for 
1866,  '67,  '68  be  printed  from  the  stereotype  plates. 

The  following  letter  from  Professor  Henry,  was  read: 

SMITHSONIAN  INSTITUTION, 
WASHINGTON,  D.  C.,  May  28,  1870. 

MY  DEAR  SIB:  I  have  the  honor,  with  your  permission,  to  address  you 
in  relation  to  extra  copies  of  the  reports  of  this  institution,  for  which  tho 
demand  has  of  late  years  become  so  great  that  the  number  ordered  by  the 
House  for  its  members  has  not  been  sufficient  to  supply  more  than  half  their 
constituents  who  desire  them.  During  the  last  thn-.j  yar.-.  and  especially 
during  the  year  just  passed,  so  numerous  have  been  the  demands  upon  u- 
for  copies  of  reports  that  our  stock  is  entirely  exhausted.  The  report  ^-iv«-> 
not  only  an  account  of  the  operations  of  the  institution,  but  also,  in  an  ap- 
pendix, a  series  of  translations  which  exhibit  the  progress  of  science  in 
foreign  countries.  A  copy  is  sent  to  each  of  the  foreign  corr«-»p(>mlents  of 
the  establishment;  to  colleges,  public  libraries,  and  learned  societies  publishing 
transactions;  to  meteorological  observers  of  tin-  in-titiitimi ;  to  contrilmtnrs 
of  the  material  to  the  library  or  museum,  and  to  person-,  rMur:iLT'i(l  in  tcarh- 
ing  or  in  special  scientific  research,  so  far  as  the  number  of  e<>pi<-  I'm-iiMn-il 
to  the  institution  will  allow. 

In  view  of  these  facts,  I  would  respectfully  suggest  that  there  be  struck 
off  from  the  stereotype  plates  of  the  reports  for  1866,  18G7,  and  1868,  now 
in  the  hands  of  the  Public  Printer,  2,000  copies  of  each  volume — 1,000  t«>r 
.the  use  of  the  House  and  the  other  1.000  for  distribution  by  the  institution. 
.  I  have  the  honor  to  be,  very  truly,  your  obedient  servant, 

JOSEPH  HENRY, 

Secretary  Smithsonian  Institution. 
Hon.  J.  F.  ASPER, 

U.  S.  House  of  Representatives. 

Referred  to  Committee  on  Printing. 
July  12,  1870. — Mr.  LAFLIN  reported  the  following  reso- 
lution from  the  Committee  on  Printing,  which  was  adopted: 

Resolved,  $c.,  That  10,000  additional  copies  of  the  report  of  the  Smithso- 
nian Institution  for  the  year  1869  be  printed,  3,000  of  which  shall  be  for 
the  use  of  the  Senate,  4,000  for  the  use  of  the  House,  and  3,000  for  the  use 
of  the  Smithsonian  Institution:  Provided,  That  the  aggregate  number  of 
pages  of  said  report  shall  not  exceed  450,  and  there  shall  be  no  illustrations 
except  those  furnished  by  the  Smithsonian  Institution. 

December  12,  1870.— Mr.  INGERSOLL  offered  the  following 
resolution  : 

Resolved,  That  there  be  printed,  from  stereotyped  plates  now  in  posses- 
sion of  the  Public  Printer,  2,000  copies  each  of  the  reports  of  the  Smith- 
sonian Institution,  for  the  years  1865,  1866,  1867,  1868;  1,000  of  these  to 
be  tor  the  use  of  the  members  of  the  House,  and  1,000  for  distribution  bv 
the  Smithsonian  Institution. 

January  30,  1871.— On  motion  of  Mr.  POLAND,  the  House 
took  up  and  passed  the  joint  resolution  appointing  General 
William  T.  Sherman  a  Kegent  of  the  Smithsonian  Institu- 
tion, in  the  place  of  General  Richard  Delafield,  resigned. 

February  24,  1871.—  The  Clerk  read  as  follows  : 

•"  For  continuing  the  completion  of  the  survey  of  the  Colorado  of  the 


FORTY-SECOND    CONGRESS,    1871-73.  723 

"West  and  its  tributaries,  by  Professor  Powell,  under  the  direction  of  the 
Secretary  of  the  Interior,  $12,000." 

Mr.  DAWES.     I  move  to  strike  out  the  words  "  Secretary 
of  the  Interior,"  and  insert  u  the  Smithsonian  Institution." 
The  amendment  was  agreed  to. 


FORTY-SECOND  CONGRESS. 

SENATE,  March  13,  1871. 

Mr.  HAMLIN.  I  ask  unanimous  consent  of  the  Senate  to 
introduce  a  bill,  and  I  desire  to  have  it  considered  at  this 
time.  I  think  it  will  not  take  two  minutes. 

By  unanimous  consent,  leave  was  granted  to  introduce 
a  bill  to  amend  an  act  to  establish  the  Smithsonian  Institu- 
tion for  the  increase  and  diffusion  of  knowledge  among 
men,  approved  August  10,  1846 ;  and  it  was  read  twice, 
and  considered  as  in  Committee  of  the  Whole. 

The  bill  proposes  to  amend  the  act  of  August  10,  1846, 
by  striking  out  in  the  first  section  the  words  "  mayor  of  the 
city  of  Washington,"  and  inserting  "  governor  of  the  Dis- 
trict of  Columbia,"  and  by  making  the  same  change  in  the 
third  section  of  the  act. 

The  following  is  the  bill  : 

Be  it  enacted,  ^-c.,  That  "An  act  to  establish  the  Smithsonian  Institution 
for  the  increase  and  diffusion' of  knowledge  among  men,"  approved  August 
ten,  eighteen  hundred  and  forty-six,  be,  and  the  same  is  hereby,  amended 
in  section  one  of  said  act  by  striking  out  the  words  "  the  mayor  of  the  city 
of  Washington,"  and  inserting  in  place  thereof  the  words  "the  governor 
of  the  District  of  Columbia,"  and  that  said  act  be  further  amended  in  sec- 
tion three  by  striking  out  the  words  "the  mayor  of  the  city  of  Washing- 
ton," and  inserting  in  place  thereof  the  words  "the  governor  of  the  Dis- 
trict of  Columbia." 

Mr.  HAMLIN.  Let  me  say  to  the  Senate,  in  one  word, 
what  this  bill  means.  The  original  act  creating  the  institu- 
tion made  the  mayor  of  the  city  of  Washington  one  of  its 
regents.  We  have  abolished  that  office,  and  this  bill  simply 
puts  the  governor  of  the  Territory  in  his  place. 

The  bill  passed. 

April  19, 1871. — The  concurrent  resolution  from  the  House 
of  Representatives,  of  April  18,  for  the  printing  of  12,500 
copies  of  the  report  of  the  Smithsonian  Institution,  for 
1870,  was  agreed  to. 

April  26,  1872.— Annual  report  for  1871  laid  before  the 
Senate. 


724  CONGRESSIONAL    PROCEEDINGS. 

Mr.  HAMLIN  moved  to  have  12,500  extra  copies  of  the 
report  printed. 

May  2, 1872. — Mr.  ANTHONY,  reported  the  following  reso- 
lution ;  which  was  agreed  to. 

Resolved,  By  the  Senate,  (the  House  of  Representatives  concurring,)  that 
12  500  additional  copies  of  the  report  of  the  Smithsonian  Institution,  for 
the  year  1871,  be  printed ;  2,500  for  the  use  of  the  Senate,  5,000  for  the  use 
of  the  House,  and  5,000  for  the  use  of  the  Smithsonian  Institution:  Pro- 
vided, That  the  aggregate  number  of  pages  of  said  report  shall  not  exceed 
450;  and  that  there  shall  be  no  illustrations,  except  those  furnished  by  the 
Smithsonian  Institution. 

May  24,  1872. — Mr.  ANTHONY,  from  the  Committee  on 
Printing,  reported  non-concurrence  to  the  amendment  of 
the  House  of  Representatives  to  increase  the  number  of 
extra  copies  of  the  report,  for  1871,  to  20,000.  Agreed  to. 

May  29,  1872. — Mr.  ANTHONY,  from  the  Committee  on 
Printing,  reported  back  the  following  resolution  of  the  House 
of  Representatives,  which  was  agreed  to : 

Resolved,  $c.,  That  2,000  copies  of  each  of  the  reports  of  the  Smithsonian 
Institution  of  which  the  stereotype  plates  are  now  in  the  Congressional  Print- 
ing Office  be  printed  for  distribution  by  the  Smithsonian  Institution  to  libra- 
ries, colleges,  and  public  establishments. 

December  10,  1872. — The  VICE-PRESIDENT  appointed  Mr. 
J.  W.  Stevenson  of  Kentucky,  a  regent  of  the  Smithsonian 
Institution,  in  the  place  of  Mr.  Garrett  Davis,  deceased. 

February  21,  1873. — Annual  report  of  the  Smithsonian 
Institution,  for  1872,  presented. 

February  28,  1873. — Mr.  STEVENSON.  I  anrauthorized  by 
the  Committee  on  Appropriations  to  offer  a  small  amend- 
ment on  page  27,  line  six  hundred  and  fifty-eight,  to  strike 
out  "  fifteen,"  and  insert "  twenty."  The  clause  now  reads : 

For  preservation  of  the  collections  of  the  surveying  and  exploring  expe- 
ditions of  the  Government,  $15,000. 

This  increase  is  asked  for  in  order  to  enable  the  institu- 
tion to  arrange  and  exhibit  the  geological  collections  lately 
transferred  from  the  Land  Office,  and  to  make  out  duplicate 
specimens  in  sets  for  distributing  to  colleges  and  institutions 
throughout  the  United  States.  Professor  Baird,  in  a  letter 
before  me,  says  that  he  made  this  estimate  of  $15,000,  which 
is  the  usual  estimate,  before  the  transfer  was  made  from  the 
Land  Office  of  all  these  specimens,  and  the  additional  ap- 
propriation is  required  to  prepare  for  the  large  increase  of 
these  specimens,  and  also  to  prepare  duplicates  for  distribu- 
tion. The  amendment  simply  proposes  an  appropriation  of 
$20,000,  instead  of  $15,000.  I  hope  the  Senate  will  agree 
to  it. 


FORTY-SECOND    CONGRESS,    1871-73.  725 

Mr.  COLE.  I  think  $20,000  is  probably  more  than  the 
whole  thing  is  worth. 

Mr.  STEVENSON.     I  am  astonished  at  the  chairman. 

Mr.  COLE.  I  think  it  is  hardly  worth  while  to  expend 
such  a  large  sum  for  such  things,  and  $15,000  it  seems  to  me 
is  ample  for  whatever  care  is  requisite  for  the  specimens 
that  were  received  by  the  Smithsonian  Institution  from  the 
Land  Office. 

Mr.  STEVENSON.  I  had  hoped  that  the  chairman  of  the 
.committee  would  be  satisfied  with  the  recommendation  and 
estimate  of  Professor  Baird.  He  gives  a  very  good  reason 
why  he  wants  an  increase  of  the  appropriation,  and  when 
a  man  like  Professor  Baird  tells  us  why  he  wants  this,  in 
order  to  enable  the  institution  to  exhibit  the  geological 
collection  which  they  have  received,  and  to  make  out  dupli- 
cate specimens  of  them,  I  do  not  see  how  we  can  well  refuse 
«uch  a  request. 

The  amendment  was  agreed  to. 

March  1,  1873. — Mr.  ANTHONY  reported  from  the  Com- 
-mittee  on  Printing  the  following  resolution,  which  was 
agreed  to : 

Resolved,  $c.,  That  12,500  additional  copies  of  the  report  of  the  Smithso- 
nian Institution  for  the  year  1872  be  printed,  2,500  copies  of  which  shall  be 
for  the  use  of  the  Senate,  5,000  for  the  use  of  the  House,  and  5,000  for  the 
use  of  the  institution:  Provided,  That  the  aggregate  number  of  pages  of 
said  report  shall  not  exceed  450,  and  that  there  shall  be  no  illustrations  except 
.  those  furnished  by  the  Smithsonian  Institution. 

HOUSE  OF  REPRESENTATIVES,  March  14,  1871. 

Senate  bill,  of  March  13,  1871,  was  taken  up,  on  motion 
of  Mr.  Poland,  and  passed. 

April  10,  1871. — Mr.  POLAND  submitted  a  concurrent 
resolution  for  printing  reports  of  the  Smithsonian  Insti- 
tution. 

April  18,  1871. — Mr.  ELLIS  H.  EGBERTS,  from  the  Com- 
:mittee  on  Printing,  reported  the  following  resolution ;  which 
was  adopted  : 

Resolved,  By  the  House  of  Kepresentatives,  (the  Senate  concurring,)  that 
12,500  additional  copies  of  the  report  of  the  Smithsonian  Institution,  for 
the  year  1870,  be  printed  ;  2,500  for  the  use  of  the  Senate,  5,000  for  the  use 

-  of  the  House,  and  5,000  for  the  use  of  the  Smithsonian  Institution :  Pro- 
vided, That  the  aggregate  number  of  pages  of  said  report  shall  not  exceed 
450  ;  and  that  there  shall  be  no  illustrations,  except  those  furnished  by  the 

.Smithsonian  Institution. 

April  3,  1872. — Mr.  POLAND  introduced  concurrent  reso- 
lution for  printing  2,000  extra  copies  of  each  of  the  reports 
of  the  Smithsonian  Institution  for  such  volumes  as  the 
stereotype  plates  are  in  the  Congressional  Printing  Office. 


726  CONGRESSIONAL    PROCEEDINGS. 

April  26,  1872.— Annual  report  for  1871  laid  before  the 
House. 

Mr.  POLAND  offered  a  resolution  to  print  20,000  extra 
copies  of  the  report. 

May  10,  1872. — Mr.  PRICE,  from  the  Committee  on  Print- 
iug,  reported  back  the  concurrent  resolution  of  the  Senate 
to  print  12,500  additional  copies  of  the  report  of  the  Smith- 
sonian Institution,  for  1871. 

Mr.  GARFIELD.  I  hope  there  will  be  an  increase  of  the 
number  of  these  reports  to  be  printed.  I  move  that  the 
several  numbers  be  doubled. 

Mr.  RANDALL.  I  think  5,000  copies  will  be  enough  for 
the  institution. 

Mr.  GARFIELD.  Well,  I  will  move  to  double  the  number 
for  each  House  of  Congress,  but  not  for  the  Smithsonian 
Institution. 

The  amendment  was  agreed  to,  and  the  resolution 
adopted. 

May  23,  1872. — Mr.  PENDLETON,  from  the  Committee  on 
Printing,  offered  the  following  concurrent  resolution ;  which 
was  adopted : 

Resolved,  ,jr.,  That  2,000  copies  of  each  of  the  reports  of  the  Smithsonian 
Institution  of  which  the  stereotype  plates  are  now  in  the  Congressional 
Printing  Office  be  printed  for  distribution  by  the  Smithsonian  Institution 
to  libraries,  colleges,  and  public  establishments. 

June  3,  1872. — Mr.  PRICE  reported  back  from  the  com- 
mittee the  Senate  resolution  for  printing  12,000  extra  copies 
of  the  report  of  the  Smithsonian  Institution,  for  1871.  The 
House  amended  the  resolution  by  making  the  number  20,000, 
but  the  Senate  refused  to  concur  in  that  amendment.  The 
Committee  on  Printing  recommended  that  the  House  recede 
from  its  amendment. 

Mr.  POLAND.     I  hope  the  House  will  not  recede. 

The  SPEAKER.  If  there  is  to  be  a  debate,  the  Chair  can- 
not entertain  the  proposition.  The  House  is  acting  under 
an  order  made  under  suspension  of  the  rules  to  consider 
business  on  the  Speaker's  table. 

Mr.  BEATTY.  I  think  the  gentleman  from  Vermont  [Mr. 
Poland]  had  better  agree  to  the  proposition  to  recede. 

Mr.  POLAND.  No,  sir;  I  have  very  good  reasons  for  be- 
lieving that  the  Senate  will  concur  in  our  amendment  if  we 
insist  upon  it. 

June  8,  1872.— By  act  of  Congress  it  was  provided  that 
all  publications  sent  or  received" by  the  Smithsonian  Insti- 
tution, marked  on  each  package  "  Smithsonian  Exchange,"" 
should  pass  free  in  the  mail. 


FORTY-THIRD    CONGRESS,    1873-75.  72T 

December  20,  1872. — Mr.  POLAND  offered  a  resolution  to 
have  20,000  extra  copies  of  the  report  for  1871  printed. 

January  31,  1873. — Senate  resolution  that  20,000  copies 
of  the  report  of  the  Smithsonian  Institution  for  1871  be 
printed ;  agreed  to. 

February  21,  1873. — Mr.  POLAND  offered  a  resolution  to 
have  20,000  extra  copies  printed  of  the  report  of  the  Smith- 
sonian Institution  for  1872. 

March  3, 1873. — Mr.  PRICE,  from  the  Committee  on  Print- 
ing, reported  concurrence  in  the  resolution  of  the  Senate 
to  print  12,500  extra  copies  of  the  report  of  the  Smithso- 
nian Institution  for  1872;  which  was  agreed  to. 


FORTY-THIRD  CONGRESS. 

SENATE,  January  5,  1874. 

Mr.  STEVENSON  introduced  a  resolution  providing  that  the 
vacancies  in  the  Board  of  Regents  of  the  Smithsonian  In- 
stitution of  the  class  other  than  members  of  Congress  be 
tilled  by  the  appointment  of  Asa  Gray,  J.  D.  Dana,  A.  T. 
Stewart,  and  that  John  Maclean  and  Peter  Parker  be  reap- 
pointed. 

Mr.  STEVENSON.  The  appointments  have  been  agreed 
upon  by  the  Board  of  Regents  of  the  Smithsonian  Institu- 
tion and  they  are  to  supply  all  vacancies  in  that  board. 

The  PRESIDENT  pro  tempore.  Is  there  objection  to  the 
present  consideration  of  the  joint  resolution  ? 

Mr.  SUMNER.  I  ask  if  that  is  the  report  of  a  committee, 
or  a  simple  resolution  ? 

The  PRESIDENT  pro  tempore.  It  is  a  joint  resolution  intro- 
duced by  the  Senator  from  Kentucky. 

Mr.  SUMNER.  I  suggest  that  it  should  be  considered  by 
a  committee.  I  honor  all  the  gentlemen  named  in  the  res- 
olution ;  still  1  think  it  has  been  customary  to  consider  such 
resolutions  in  committee. 

Mr.  STEVENSON.  I  have  no  objection  to  its  reference  to 
a  committee. 

Mr.  SHERMAN.  I  think  the  resolution  ought  to  be  re- 
ferred to  the  Committee  on  the  Library,  which  has  general 
charge  of  the  Smithsonian  Institution. 

The  PRESIDENT  pro  tempore.  Does  the  Senator  make  that 
motion  ? 

Mr.  SHERMAN.     Yes,  sir. 

The  motion  was  agreed  to. 


728  CONGRESSIONAL    PROCEEDINGS. 

Jpnuary  12,  1874. — Mr.  HOWE,  from  the  Committee  on 
the  Library,  to  whom  was  referred  the  above  resolution, 
asked  to  be  discharged  from  its  further  consideration,  and 
that  it  be  indefinitely  postponed ;  which  was  agreed  to. 

The  same  committee,  to  whom  was  referred  the  joint  res- 
olution from  the  House  filling  existing  vacancies  in  the  Board 
of  Regents  of  the  Smithsonian  Institution,  have  had  the  same 
under  consideration,  and  have  instructed  me  to  report  it  back 
without  amendment,  and  with  the  recommendation  that  it 
pass ;  which  was  ordered  to  lie  over. 

January  13,  1874. — Mr.  STEVENSON  moved  to  take  up  the 
joint  resolution  from  the  House  providing  for  the  appoint- 
ment and  reappointment  of  Regents  of  the  Smithsonian  In- 
stitution, which  yesterday  was  ordered  to  lie  over;  and  it 
was  read  a  third  time  and  passed. 

The  PRESIDENT  pro  tewpore  appointed  Mr.  A.  A.  Sargent, 
of  California,  a  regent  of  the  institution. 

February  13,  1874. — Annual  report  for  1873  laid  before 
the  Senate. 

Mr.  HAMLIN  offered  the  following: 

Resolved,  (the  House  of  Representatives  concurring,}  That  twelve  thousand 
five  hundred  additional  ropies  of  the  report  of  the  Smithsonian  Institution, 
for  the  year  1873,  be  printed  ;  twenty-five  hundred  of  which  shall  be  for 
the  use  of  the  Senate,  live  ill  >u~un<l  for  the  use  of  the  House,  and  five 
thousand  for  the  use  of  the  institution  :  Provided,  That  the  aggregate 
number  of  passes  of  said  report  shall  not  exceed  four  hundred  and  fifty,  and 
that  there  shall  be  no  illustrations  except  those  furnished  by  the  Smith- 
sonian Institution. 

February  20,  1874. — Mr.  ANTHONY.  The  Committee  on 
Printing,  to  whom  was  referred  a  resolution  to  print  extra 
copies  of  the  report  of  the  Smithsonian  Institution,  have 
directed  me  to  report  it  back  with  amendments,  and  to  ask 
for  its  present  consideration. 

The  Committee  on  Printing  proposed  to  amend  the  reso- 
lution, so  as  to  make  it  read  : 

Resolved,  (the  House  of  Representatives  concurring,}  That  seven  thousand 
five  hundred  additional  copies  of  the  report  of  the  Smithsonian  Institution, 
for  the  year  1873,  be  printed ;  five  hundred  of  which  shall  be  for  the  use 
of  the  Senate,  one  thousand  for  the  use  of  the  House,  and  six  thousand  for 
the  use  of  the  institution. 

Mr.  ANTHONY.  The  customary  publication  of  this  docu- 
ment has  been  twelve  thousand  copies ;  five  thousand  for 
the  use  of  the  Smithsonian  Institution,  twenty-five  hundred 
for  the  use  of  the  Senate,  and  five  thousand  for  the  use  of 
the  House  of  Representatives.  We  now  have  reported  to 
increase  the  number  to  the  institution  from  five  thousand 
to  six  thousand,  to  reduce  the  number  for  the  Senate  from 


FORTY-THIRD    CONGRESS,    1873-75.  729 

^twenty-five  hundred  to  five  hundred,  and  to  reduce  the  num- 
ber for  the  House  from  five  thousand  to  one  thousand.  If  the 
number  for  Congress  is  reduced  so  much,  the  institution  will  re- 
quire a  little  more — so  the  Regents  think.  This,  I  believe,  is 
the  first  resolution  that  the  Committee  on  Printing  have  re- 
ported at  this  session  for  printing  any  additional  documents. 
The  number  is  exceedingly  small,  and  it  is  the  intention  of 
those  who  are  best  acquainted  with  the  institution,  especially 
of  those  who  have  been  charged  on  the  part  of  Congress  with 
participation  in  its  management,  that  there  should  be  some 
extra  copies,  and  in  deference  to  them  we  have  made  the 
recommendation. 

Mr.  MORRILL,  of  Maine.  I  should  like  to  inquire  of  the 
Senator  from  Rhode  Island  whether  he  is  aware  of  the  fact 
that  Congress,  in  the  early  part  of  the  session,  passed  a 
resolution  suspending  the  publication  of  documents,  and 
whether  this  is  in  harmony  with  the  expression  of  Congress? 

Mr.  ANTHONY.     That  has  not  passed  the  House. 

Mr.  MORRILL,  of  Maine.     It  passed  the  Senate. 

Mr.  ANTHONY.  If  the  Senator  asks  my  judgment,  I  think 
this  is  not  in  conformity  with  that. 

Mr.  MORRILL,  of  Maine.  I  should  think  that  until  the 
Senate  reconsider  that  proposition  we  ought  to  adhere  to 
it.  Yesterday  some  proposition  came  from  the  Committee 
on  Printing  of  a  similar  kind. 

Mr.  ANTHONY.     What  one  ? 

Mr.  MORRILL,  of  Maine.  Recommending  the  publication 
-of  some  document. 

Mr.  ANTHONY.  That  was  for  the  use  of  the  proper  De- 
partment, not  for  the  use  of  Congress.  It  was  only  five 
hundred  copies  of  a  medical  report  that  was  thought  to  be 
valuable  for  scientific  purposes,  and  they  are  to  be  distrib- 
uted entirely  by  the  Department. 

Mr.  MORRILL,  of  Maine.  I  think  we  ought  not  to  go 
into  retail  in  printing  when  in  wholesale  we  have  resolved 
not  to  print ;  and  I  do  think  it  is  wise  to  adhere  to  the  reso- 
lution that  we  passed,  at  least  until  some  full  understanding 
.as  to  the  publication  and  distribution  of  documents  is  had. 

Mr.  ANTHONY.  I  do  not  think  we  are  bound  by  a  propo- 
sition that  has  only  passed  one  House  of  Congress ;  but  I 
am  not  a  lawyer,  and  I  will  leave  that  to  the  Senator  from 
Maine. 

Mr.  MORRILL,  of  Maine.  I  think  we  should  have  a  little 
respect  for  our  own  action,  whether  the  House  chooses  to 
concur  or  not. 

Mr.  HAMLIN.     I  wish  to  state  a  fact.     I  may  say  in  behalf 


730  CONGRESSIONAL    PROCEEDINGS. 

of  the  Smithsonian  Institution  that  I  think  this  is  entirely 
distinct  from  the  documents  which  we  publish  sent  to  us 
from  the  departments,  or  which  emanate  from  our  commit- 
tees. This  is  purely  a  scientific  work.  It  is  the  annual 
report  of  the  Smithsonian  Institution,  made  in  pursuance 
of  law  to  this  bod}\  To  myself  it  may  seem  of  very  much 
less  value  than  to  many  others  ;  but  I  think  no  man  <  an 
ever  examine  a  single  report  of  that  institution  without 
being  impressed  with  its  great  value.  These  reports  aiv 
for  the  general  reader  perhaps  of  little  use,  being  somewhat 
technical  and  scientific  ;  but  yet  they  are  of  immense  value 
to  the  world,  and  they  are  transmitted  all  o\vr  the  world, 
and  we  receive  back  in  exchange  the  scientific  reports  of 
different  societies  and  different  governments.  I  think  this 
stands  entirely  distinct  from  the  documents  ordinarily 
printed  by  Congress  ;  and  I  do  not  think  the  law  or  reso- 
lution to  which  my  colleague  refers  ought  to  apply  to  this 
report,  if  it  does  technically  :  and  if  it  docs,  this  has  got  to 
pass  the  ordeal  of  the  House,  and  it  must  b«-  by  a  concur- 
rent vote,  which  will  express  their  opinion  that' this  stands 
distinct  from  other  matters,  as  well  as  our  own.  I  hope  the 
resolution  will  be  concurred  in. 

Mr.  MORRILL,  of  Maine.  Only  one  word.  Early  in  this 
session  we  determined  to  arrest  the  publication  of  public 
documents,  and  I  think  properly.  I  am  not  going  to  say 
whether  it  is  true  or  not,  for  on  that  I  have  my  own  opin- 
ions, and  they  may  not  be  in  harmony  with  the  public  sense 
on  that  subject — but  one  thing  is  clear,  that  from  one  con- 
sideration or  another,  within  the  last  few  years,  a  very  gen- 
eral impression  or  sentiment  or  conviction  has  come  to 
obtain  in  the  public  mind  that  the  publication  of  documents 
by  the  Congress  of  the  United  StuU-s  had  become  a  very 
great  abuse.  It  took  a  variety  of  forms.  It  was  an  abuse 
under  the  franking  privilege,  which  overloaded  the  mails. 
It  was  an  expense  in  many  wTa}-s,  and  it  was  a  corruption  in 
itself.  That  is  a  deep  seated  and  thorough  conviction  in 
the  public  mind,  right  or  wrong,  and  I  think  the  Senate  of 
the  United  States  was  wise  when  at  the  beginning  of  this 
session  it  said  it  would  pause  in  the  publication  and  distribu- 
tion of  documents,  for  the  present  at  least,  until  some  wise 
determination  could  be  come  at. 

Now,  it  may  be  that  the  views  of  my  colleague  render 
this  an  exceptional  case  ;  and  it  is  a  proper  thing,  possibly, 
to  publish  the  reports  of  the  Smithsonian  Institution,  being 
of  a  scientific  character,  so  far  as  relates  to  itself;  but  this 
resolution  provides  for  their  publication  for  distribution,. 


FORTY-THIRD    CONGRESS,    1873-75.  731 

and  certainly  it  ought  not  to  apply  to  that.  We  do  not 
want  these  reports  for  distribution.  We  have  no  means  of 
distributing  them.  At  any  rate,  to  that  extent  I  submit  to 
my  colleague  that  this  is  certainly  within  the  inhibition  of 
the  resolution  of  the  Senate.  If  there  is  no  special  objec- 
tion, therefore,  I  should  like  to  have  this  resolution  lie  over 
until  to-morrow. 

Mr.  FRELINGHUYSEN.  I  wish  to  say  a  word  on  this  sub- 
ject. 

Mr.  MORRILL,  of  Maine.  I  withdraw  the  motion,  to  allow 
the  Senator  to  do  so. 

Mr.  FRELINGHUYSEN.  I  have  only  a  word  to  say.  I  shall 
vote  for  the  resolution  to  print  this  report;  and  I  will  vote 
for  any  resolution  to  print  the  proceedings  of  Congress.  I 
think  this  idea  of  isolating  the  Congress  of  the  United  States 
from  the  people  is  a  very  foolish  one.  As  to  economy,  I 
think  it  is  an  illustration  of  that  wise  saying  that  "  there  is 
that  withhold eth  more  than  is  meet,  but  it  tendeth  to  pov- 
erty." The  people  of  my  State  write  to  me  every  day  for 
copies  of  the  Agricultural  Report,  which  contains  most 
valuable  information  to  the  farmers  of  the  country,  and 
they  cannot  be  obtained.  The  books  are  ready  to  be  printed,, 
but  their  printing  is  stopped ;  and  we  are  keeping  the  pro^ 
ceedings  of  Congress  here  as  a  close  corporation  from  the 
people.  I  introduced  a  bill  providing  that  these  public 
documents  should  be  circulated  ;  the  postage  in  no  event  to 
be  more  than  twenty-five  cents  a  volume,  and  not  requiring- 
prepayment,  and  authorizing  the  documents  to  be  sold  if 
they  were  not  called  for  within  ten  days.  That  bill  has  not 
been  reported  from  the  Committee  on  Post  Offices  and  Post 
Roads. 

Mr.  RAMSEY.  I  will  say  to  the  Senator  that  the  commit- 
tee have  it  under  consideration. 

Mr.  FRELINGHUYSEN.  I  hope  Congress  will  adopt  some 
measure  by  which  that  which  transpires  here  may  be  circu- 
lated and  disseminated  among  the  people.  At  a  large  ex- 
pense we  print  every  day  a  record  of  the  proceedings  of 
Congress.  What  good  does  it  do  ?  The  people  do  not 
get  it.  No  provision  is  made  for  its  circulation. 

Now,  as  to  the  idea  that  the  people  are  opposed  to  this,  I 
was  very  much  struck  by  a  remark  which  was  made — I  da 
not  know  but  that  it  was  in  one  of  the  articles  which  were 
read  here  }Testerday — that  a  million  of  people  might  petition 
Congress,  but  we  must  remember  there  are  thirty-nine  mil- 
lions that  are  not  heard  from.  I  believe  the  people  want  in- 
formation as  to  what  transpires  here,  and  it  is  their  right  to 


732  CONGRESSIONAL    PROCEEDINGS. 

have  it,  and  it  is  our  duty  to  give  them  the  opportunity  to 
know  what  we  do. 

Mr.  ANTHONY.  I  believe  when  this  report  was  presented 
the  usual  number  was  ordered  to  be  printed.  If  not,  I  will 
make  that  motion.  That  number  ought  to  printed  at  any 
rate. 

The  PRESIDENT  pro  tempore.  It  was  ordered.  The  Chair 
understands  objection  to  be  made  to  the  further  considera- 
tion of  the  resolution. 

Mr.  MORRILL,  of  Maine.     Yes,  sir. 

The  PRESIDENT  pro  tempore.     The  resolution  will  lie  over. 

February  27,  1874. — Mr.  HAMLIN.  I  move  to  take  up  the 
resolution  for  the  printing  of  the  Smithsonian  report.  I 
think  it  will  detain  the  Senate  but  a  moment.  It  was  up 
the  other  morning. 

The  motion  was  agreed  to. 

Mr.  HAMLIN.  My  colleague  interposed  some  objection 
to  the  resolution  because  there  were  five  hundred  copies 
provided  for  in  it  for  the  Senate,  and  a  thousand  for  the 
House.  I  have  conferred  with  my  colleague,  and  I  have 
also  conferred  with  the  Senator  who  reported  tin-  resolution, 
and  with  their  concurrence  I  move  now  to  strike  out  the 
whole  number  appropriated  to  both  the  Senate  and  House. 
That  will  be  my  first  motion.  I  shall  follow  that  with 
another  motion  to  increase  the  number  to  the  Smithsonian 
Institution  by  fifteen  hundred,  which  is  just  the  number 
stricken  out.  That  takes  away  entirely  llu-  objection  to 
printing  any  copies  for  our  own  distribution.  I  transfer 
that  number  to  the  institution  for  this  reason  :  I  take  it 
every  Senator,  like  myself,  has  supplied  the  principal  libra- 
ries of  the  State  for  years  with  this  work.  They  will  want 
it,  and  they  will  cease  to  call  upon  us,  but  they  will  call 
upon  the  institution  for  it,  and  that  number  which  was  pro- 
posed for  the  Senate  and  for  the  House  will  be  transferred 
there,  and  there  they  will  find  them. 

I  want  to  say  also,  in  this  connection,  that  by  an  exchange 
•of  this  very  work  with  foreign  societies  and  foreign  govern- 
ments, we  add  to  our  congressional  library  works  of  value, 
amounting  to  between  two  and  three  thousand  volumes 
annually. 

The  PRESIDENT  pro  tempore.  The  resolution  will  be  read 
as  proposed  to  be  amended. 

The  CHIEF  CLERK.  If  amended  as  proposed  by  the  Sen- 
ator from  Maine,  the  resolution  will  read  : 

Resolved,  (the  House  of  Representatives  concurring,)  That  seven  thousand 
Hve  hundred  additional- copies  of  the  report  of  the  Smithsonian  Institution, 


FORTY-THIRD    CONGRESS,    1873-75.  733" 

for  the  year  1873,  be  printed  for  the  use  of  the  institution  :  Provided,  That 
the  aggregate  number  of  pages  of  said  report  shall  not  exceed  four  hundred- 
and  fifty,  and  that  there  shall  be  no  illustrations  except  those  furnished  by 
the  Smithsonian  Institution. 

The  amendment  was  agreed  to. 
The  resolution,  as  amended,  was  agreed  to. 
December  10,  1874. — Mr.  HAMLIN  offered  the  following^ 
joint  resolution,  which  was  adopted : 

Resolved,  $c.,  That  the  existing  vacancy  in  the  Board  of  Regents  of  the 
Smithsonian  Institution,  of  the  class  other  than  members  of  Congress,  shall, 
be  filled  by  the  appointment  of  George  Bancroft,  of  the  city  of  Washing- 
ton, in  place  of  William  T.  Sherman,  resigned. 

Mr.  HAMLIN.  I  will  say  only  that  there  is  an  existing 
vacancy,  as  stated  in  that  resolution,  occasioned  by  the 
resignation  of  General  Sherman,  who  has  moved  from  this 
city.  The  law  requires  that  that  regent  shall  be  from  the 
city.  Mr.  Bancroft,  the  eminent  historian,  has  come  here 
to  reside.  All  three  of  the  Board  of  Regents  on  the  part 
of  this  body  think  it  is  eminently  fitting  that  he  should  be 
designated  by  Congress  to  fill  that  existing  vacancy. 

December  14, 1874. — On  motion  of  Mr.  SARGENT,  the  House 
resolution  of  May  15,  1874,  ordering  10,500  extras  of  the 
report  of  the  institution  for  1873,  was  taken  up  and  adopted. 

February  27,  1875. — Mr.  ANTHONY,  from  the  Committee 
on  Printing,  reported  back  the  following  resolution,  which* 
was  concurred  in  : 

Resolved,  (by  the  House  of  Representatives,  the  Senate  concurring,}  That 
10,500  copies  of  the  report  of  the  Smithsonian  Institution,  for  the  year 
1874,  be  printed  ;  2,000  of  which  shall  be  for  the  use  of  the  House  of  Bep- 
resentatlves,  1,000  for  the  use  of  the  Senate,  and  7,500  for  the  use  of  the 
institution  :  Provided,  That  the  aggregate  number  of  pages  of  said  report 
shall  not  exceed  450,  and  that  there  shall  be  no  illustrations,  except  those 
furnished  by  the  Smithsonian  Institution. 

March  2,  1875. — The  VICE  PRESIDENT  laid  before  the 
Senate  a  bill  extending  the  privilege  of  the  library  of  Con- 
gress to  the  Regents  of  the  Smithsonian  Institution;  which 
was  read,  and  passed. 

The  following  is  the  bill  : 

Be  it  enacted,  $c.,  That  the  Joint  Committee  of  both  Houses  of  Congress 
on  the  Library,  be  authorized  to  extend  the  use  of  the  books  in  the  library 
of  Congress  to  the  Kegents  of  the  Smithsonian  Institution,  resident  in 
Washington,  on  the  same  conditions  and  restrictions  as  members  of  Con- 
gress are  allowed  to  use  the  library. 

HOUSE  OF  REPRESENTATIVES,  December  18,  1873. 
The  Speaker  appointed  Mr.  E.  R.  Hoar,  of  Massachusetts, 
Mr.  S.  S.  Cox,  of  New  York,  and  Mr.  G.  W.  Hazelton,  o£ 
Wisconsin,  Regents  of  the  Smithsonian  Institution. 


734  CONGRESSIONAL    PROCEEDING. 

December  19,  1873. — Mr.  KELLOGG.  I  ask  unanimous  con- 
sent to  submit  the  following  resolution  : 

Resolved,  $c.,  That  Professor  James  D.  puna  be,  and  h.-r.-l.y  is,  appointed 
as  one  of  the  Board  of  Regents  of  the  Smithsonian  Institution  of  the  rla>s 
other  than  members  of  Congress,  in  place  of  Theodore  D.  Woolly,  of  Con- 
necticut, who  declines  to  be  reappointed. 

Mr.  KELLOGG.  I  trust  there  will  be  no  objection  to  the 
adoption  of  the  resolution. 

Mr.  GAR  FIELD.  I  suggest  that  it  be  referred  to  the  Board 
of  Regents. 

Mr.  KELLOGG.  If  there  be  any  objection,  I  will  not  press 
the  resolution. 

Mr.  GARFIELD.  I  do  not  suppose  thnv  is  any  objection, 
but  I  only  suggest  that  it  is  the  usual  course. 

Mr.  KELLOGG.  If  the  usual  course  is  as  stated  by  the  gen- 
tleman from  Ohio  I  do  not  object. 

Mr.  GARFIELD.  There  is  another  vacancy  to  be  filled, 
occasioned  by  the  death  of  Professor  Agassiz. 

Mr.  KELLOGG.  I  do  not  suppose  there  would  be  the  least 
objection,  Professor  Dana  being  so  well  known;  but  if  that 
is  the  usual  course,  I  do  not  object. 

Mr.  BUTLER.  I  suggest  that  the  resolution  be  referred 
to  the  Committee  on  Education  and  Labor. 

Mr.  KELLOGG.  I  move  that  it  be  referred  to  the  Com- 
mittee on  Education  and  Labor. 

January  5,  1874. — Mr.  GARFIELD  introduced  a  joint  reso- 
lution providing  that  the  vacancies  in  the  Board  of  Regents 
of  the  Smithsonian  Institution  of  the  class  other  than  mem- 
bers of  Congress  be  tilled  by  the  appointment  of  Asa  Gray, 
J.  D.  Dana,  A.  T.  Stewart,  and  the  reappointment  of  John 
Maclean  and  Peter  Parker ;  which  was  referred  to  the  Com- 
mittee on  Education  and  Labor. 

January  6,  1874. — Mr.  MAYNARD  offered  a  joint  resolution 
in  relation  to  the  appointment  of  Regents  of  the  Smithsonian 
Institution,  which  was  referred  to  the  Committee  on  Edu- 
cation and  Labor. 

January  7,  1874. — Mr.  SHERWOOD  introduced  joint  resolu- 
tion for  the  appointment  of  Professor  Leo  Lesquereux,  of 
Columbus,  Ohio,  one  of  the  Regents  of  the  Smithsonian 
Institution ;  which  was  referred  to  the  Committee  on  Edu- 
cation and  Labor. 

Mr.  MONROE.  The  Committee  on  Education  and  Labor 
have  had  under  consideration  sundry  resolutions  in  regard 
to  filling  vacancies  in  the  Board  of 'Regents  of  the  Smith- 
sonian Institution.  Some  other  gentlemen  had  asked  for 


FORTY-THIRD    CONGRESS,    1873-75.  735 

an  opportunity  to  suggest  names ;  but  there  seemed  to  be 
reasons  for  prompt  action  upon  the  subject,  and  the  com- 
mittee, therefore,  instructed  me  to  report  at  once  a  joint 
resolution  naming  certain  gentlemen  to  till  these  vacancies. 

The  resolution  now  reported  by  the  committee  is  identical 
with  that  which  was  introduced  by  the  gentleman  from  Ohio, 
{Mr.  Gartield,]  one  of  the  regents  of  the  institution,  with 
the  exception  that  in  a  single  name  we  propose  a  change, 
which,  it  is  thought,  would  perhaps,  on  the  whole,  more 
fairly  distribute  the  appointments  and  meet  better  certain 
interests  which  were  deemed  by  the  committee  to  be  of 
great  importance.  The  highest  esteem  and  respect  were 
felt  by  the  committee  for  all  the  gentlemen  whose  names 
have  been  suggested :  but,  on  the  whole,  the  arrangement 
proposed  in  the  resolution  which  I  now  report  seemed  to 
the  committee  to  be  the  best  they  could  make. 

The  joint  resolution  provides  that  the  existing  vacancies  in 
the  Board  of  Regents  of  the  Smithsonian  Institution,  of  the 
class  other  than  members  of  Congress,  shall  be  filled  by  the 
appointment  of  Asa  Gray,  of  Massachusetts,  in  place  of 
Louis  Agassiz,  deceased ;  J.  D.  Dana,  of  Connecticut,  in 
place  of  Theodore  D.  Woolsey;  Henry  Coppee,  in  place  of 
W.  B.  Astor;  and  John  Maclean  and  Peter  Parker,  whose 
terms  have  expired,  are  to  be  reappointed. 

Mr.  MAYNARD.  Will  the  gentleman  allow  me  to  occupy 
one  moment?  I  introduced  yesterday  and  had  referred  to 
this  committee  a  resolution  in  accordance  with  an  idea  I 
entertained,  but  had  had  no  occasion  to  express  specially, 
that  the  Smithsonian  Institution,  founded  and  endowed  by 
the  munificence  of  a  British  subject  "  to  increase  and  diffuse 
knowledge  among  men,"  should  be  made,  so  far  as  possible, 
national  in  its  character.  Now,  in  looking  at  the  list  of 
regents,  I  find  that  while  they  are  all  most  excellent  and 
eminent  men,  (and  I  hope  the  day  is  far  distant  when  any 
section  of  our  country  will  not  have  eminent  and  distin- 
guished men  enough  to  more  than  furnish  the  list  of  regents,) 
the  appointments  are  at  present  limited  geographically. 

I  suggest  to  the  chairman  of  the  Committee  on  Education 
and  Labor  whether,  as  a  matter  of  wise  policy,  it  \vould  not 
be  well  to  emphasize  the  national  character  of  the  institu- 
tion by  extending  geographically  the  citizenship  of  the  gen- 
tlemen constituting  the  Board  of  Regents.  With  this  view 
I  have  proposed,  in  the  joint  resolution  introduced  by  rne  yes- 
terday, that  one  member  of  the  board  shall  be  a  distinguished 
and  eminent  citizen  of  my  own  State.  I  refer  to  Rev.  Dr. 
Thomas  W.  Humes,  president  of  the  University  of  East 


736  CONGRESSIONAL    PROCEEDINGS. 

Tennessee,  a  citizen  by  birth  and  continued  residence  in  that 
State,  and  a  gentleman  of  great  attainments  and  high  per- 
sonal character;  not  that  he  is  more  distinguished,  more 
worthy,  or  in  any  respect  superior  to  the  gentlemen  who 
have  been  named.  I  make  no  such  claim.  But  this  gen- 
tleman, if  appointed,  will  be  the  representative  of  a  large 
region  of  our  country,  the  great  Southwest,  (embracing 
also  a  portion  of  the  South  and  of  the  West,)  whose  scientific 
possibilities  are  very  great — whose  scientific  resources,  if  I 
may  use  that  expression,  have  been  hitherto  very  largely 
unconsidered  and  undeveloped.  It  has  seemed  to  me  wise 
to  include  in  the  Board  of  Regents  a  representative  from 
that  very  large  portion  of  our  common  country. 

I  do  not  wish  it  to  be  understood  that  I  would  not  accept 
as  readily  any  other  distinguished  name  that  might  be  sug- 
gested that  would  represent  the  same  general  region  of 
country;  but  I  certainly  think  it  would  give  greater  effect 
and  importance  to  the  labors  of  that  institution  to  have  its 
regency  distributed  more  generally  throughout  the  country. 
I  am  reminded  by  gentlemen  sitting  near  me  that  there  is 
no  one  on  that  board  from  either  the  South  or  the  West. 

I  bring  this  subject  generally  before  the  House ;  I  move 
to  substitute  the  name  of  Thomas  W.  Humes,  a  citizen  of 
Tennessee,  for  that  of  Henry  Coppee,  of  Pennsylvania. 

Mr.  G.  F.  HOAR.  Mr.  Speaker,  it  may  possibly  interest 
the  House  if  I  occupy  a  few  minutes  in  stating  the  purpose 
of  the  Smithsonian  Institution;  for  in  view  of  that  purpose- 
I  am  sure  the  gentleman  from  Tennessee  [Mr.  MaynardJ 
himself  will  commend  the  wisdom  of  the  recommendations 
we  make.  The  Smithsonian  Institution  has  for  its  Board 
of  Regents  three  persons  appointed  from  the  members  of 
this  House,  three  persons  appointed  from  the  Senate,  the 
President  of 'the  United  States,  the  Chief  Justice  of  the 
United  States,  and  certain  other  officers  of  the  Government 
are  regents  ex  officio.  These  officers  give  the  regency  of  the- 
institution  its  national  character.  The  whole  nation  of  course- 
has  its  voice  in  their  selection.  There  are  six  other  regents 
who  are  specially  appointed  by  joint  resolution  of  Congress, 
and  it  is  to  fill  vacancies  in  this  number  that  this  resolution 
is  designed. 

The  purpose  of  the  Smithsonian  Institution  is  the  "  ad- 
vancement of  knowledge  among  men  ; "  and  after  very  full 
and  thorough  debate  at  the  time  of  its  origin,  the  authorities 
of  that  day  determined  that  it  was  best  to  devote  the  fund 
at  their  disposal,  not  to  the  mere  dissemination  of  knowledge 
as  is  done  by  the  publication  and  distribution  of  books,  nor 


FORTY-THIRD    CONGRESS,    1873-75.  737 

to  mere  educational  purposes  as  would  be  done  by  the  endow- 
ment and  support  ot  institutions  for  instruction,  but  that  the 
fund  should  be  applied  to  promoting  and  publishing  the 
results  of  such  original  investigations  as  may  tend  to  advance 
and  increase  the  pure  scientific  knowledge  of  mankind.  To 
this  end  a  fund  of  about  $700,000,  part  of  which  is  invested 
in  buildings,  leaving  an  income-bearing  fund  of  about 
$500,000,  is  within  the  control  of  the  institution. 

The  income  of  that  fund  is  appropriated  in  this  way : 
Suppose,  for  instance,  an  eminent  mathematician  says  that 
he  desires  to  have  made  a  computation  in  connection  with 
certain  investigations  to  determine  the  cause  of  the  pertur- 
bation of  a  planet,  such  as  those  of  Leverrier  which  led  to 
the  discovery  of  the  planet  Neptune.  If  those  investiga- 
tions require  a  large  amount  of  mathematical  computation 
which  may  almost  be  termed  mechanical,  this  would  involve 
a  good  deal  of  expense  to  him.  Suppose  the  Smithsonian 
Institution  decides  that  the  result  of  such  investigation  will 
advance  scientific  knowledge,  it  will  advance  a  sum  of  money 
to  pay  for  such  computations,  if  it  does  not  pay  anything  to 
the  scientific  man  himself  as  compensation,  or  for  support. 
So  if  a  scientific  man  wishes  to  make  a  certain  inquiry  into 
the  laws  of  optics  or  of  electricity,  and  if  the  Smithsonian 
Institution  is  satisfied  of  the  capacity  of  the  person  and  of 
the  usefulness  of  the  results  likely  to  be  obtained,  it  appro- 
priates such  sum  of  money  as  may  be  necessary  to  obtain 
the  requisite  apparatus,  and  lets  him  have  the  use  of  it;  and 
then,  if  the  result  of  that  investigation  is  found  to  be  of 
value  to  science,  it  appropriates  the  money  for  its  publication. 

Now  everybody  knows  the  familiar  instance  when  Morse 
invented  his  alphabet  for  recording  telegraphy.  The  knowl- 
edge of  the  laws  of  magnetism,  which  made  that  magnificent 
Invention  serviceable  to  mankind,  which  has  rendered  the 
name  of  American  science  illustrious,  came  from  the  pre- 
vious researches  and  investigations  of  Professor  Henry,  who 
brought  from  the  vast  treasure-house  of  science  that  knowl- 
edge of  the  laws  of  nature  which  the  invention  of  Morse 
made  useful  for  the  practical  benefit  of  mankind.  ISTow,  in 
order  to  determine  what  papers  are  proper  to  be  published," 
or  what  kind  of  investigations,  among  the  large  number 
that  are  offered  to  the  Smithsonian  Institution,  will  be  use- 
ful for  the  advancement  of  science,  you  should  have  among 
the  members  of  that  board  persons  who  are  authority  in 
particular  departments  of  science.  They  are  not  selected 
as  a  public  honor  to  the  persons  themselves ;  they  are  not 
selected  for  the  purpose  of  recognizing  the  claims  of  or  of 
47 


738  CONGRESSIONAL    PROCEEDINGS. 

stimulating  interest  in  the  institution  in  different  portions 
of  the  country ;  but  men  are  selected  whom  Professor  Henry 
and  his  associates  in  that  institution  deem  competent  to 
decide  in  regard  to  the  particular  scientific  investigations 
which  it  may  be  desired  to  make.  For  instance,  my  dis- 
tinguished friend  from  Tennessee  [Mr.  May  nurd"]  proposed 
the  name  of  Professor  Snell,  of  Amherst  College,  in  place 
of  the  late  Professor  Agassiz.  Professor  Snell,  of  Amherst 
College,  is  one  of  the  most  eminent  scholars  of  my  State ; 
a  pure,  earnest,  modest  devotee  of  learning,  who  has  made 
a  thousand  contributions  to  science,  from  which  he  has  re- 
ceived no  benefit.  But  Professor  SnelPs  life  has  been  de- 
voted to  the  investigation  of  optics,  magnetism,  and  certain 
branches  of  natural  science,  which  are  also  the  special  pur- 
suits of  Professor  Henry,  the  secretary  and  director  of  tin- 
institution;  and  it  is  not  important,  therefore,  to  add  at  this 
moment  to  the  force  of  the  Smithsonian  Institution  another 
gentleman  who  will  be  an  authority  on  matters  of  opti« •-, 
magnetism,  galvanism,  &c.  But  one  thing  on  which  Pro- 
fessor Agassiz,  just  deceased,  was  the  great  authority  in  this 
country  and  the  world,  was  natural  history,  including  the 
growth  of  animals,  the  origin  of  species,  the  growth  of 
plants,  of  trees,  &c.,  and  this  is  a  matter  in  regard  to  which 
the  science  of  the  world  is  especially  busying  itself  at  the 
present  time,  and  of  a  knowledge  of  which  the  practical 
need  of  this  country  is  the  greatest- 

The  prairie  lands  of  the  Northwest,  which  lie  between 
the  dense  settlements  of  the  Atlantic  and  the  Pacific,  are 
in  need  of  the  scientific  information — as  my  friend  [Mr. 
Kelley]  who  does  me  the  honor  to  listen  to  me,  knows  very 
well — which  may  cover  those  lauds  with  forests,  with  shade- 
trees,  with  vegetation.  Professor  Gray  is,  perhaps,  the 
freatest  authority  in  the  world  on  that  special  mutter.  Now, 
ow  idle,  how  unwise,  it  would  be  for  the  members  of  this 
House  to  say  that,  because  Colorado  or  Wyoming  are  to  be 
represented  on  the  Board  of  Regents  of  the  Smithsonian 
Institution,  they  may  appoint  some  man  from  those  Terri- 
tories rather  than  appoint  Professor  Gray,  the  greatest  au- 
thority on  this  question.  He  happened  to  reside  at  Cam- 
bridge in  his  youth  and  in  the  time  of  his  early  studies. 
The  libraries  and  scientific  apparatus  which  \vere  necessary 
for  the  prosecution  of  his  studies  in  that  department  of 
science  were  there.  So  in  the  case  of  Professor  Dana.  I 
suppose  any  California  gentleman  on  this  floor  will  agree 
that  no  man  has  been  so  great  a  benefactor  to  the  develop- 
ment of  the  mineral  resources  of  the  State  of  California  as 


FORTY-THIRD    CONGRESS,    1873-75.  739 

Professors  Dana  and  Whitney.  (Professor  Whitney,  indeed, 
has  resided  in  California  of  late  years.)  Professor  Dana  is 
a  great  authority  on  matters  of  mines  and  minerals,  and  his 
life  has  been  where  a  library  and  apparatus,  making  the 
prosecution  of  his  labors  pleasant  and  profitable,  existed. 

Now  the  name  of  Alexander  T.  Stewart,  a  distinguished 
financier,  has  been  recommended  in  the  place  of  another 
man  of  wealth  and  a  business  man  in  the  State  of  New 
York,  (Mr.  Astor,)  and  the  committee  would  have  been  de- 
lighted to  adopt  that  recommendation ;  but  we  were  in- 
formed by  a  gentleman  on  the  committee,  from  the  State  of 
New  York,  that  the  state  of  Mr.  Stewart's  health  is  such 
that  it  would  not  be  certain  he  would  be  able  to  give  his 
personal  attention  to  the  business  of  the  Board  of  Regents. 
Therefore,  because  it  was  not  a  matter  of  personal  honor, 
but  because  it  was  a  matter  of  supplying  the  wants  of  this 
institution,  we  recommend  in  his  stead  the  name  of  an  emi- 
nent man  of  science  in  the  State  of  Pennsylvania,  formerly 
the  head  of  a  university  in  that  State,  who  adds  to  the  repu- 
tation and  capacity  of  a  scientific  man  great  financial  ability, 
as  exhibited  in  the  management  of  his  institution. 

Mr.  WOOD.  Will  the  gentleman  from  Massachusetts,  be- 
fore he  sits  down,  please  tell  me  whether  Mr.  Astor  retires 
at  his  own  request  ? 

Mr.  G.  F.  HOAR.     Yes,  sir. 

Mr.  WOOD.  I  am  sorry  for  it,  for  he  is  one  of  the  best 
belles-lettres  scholars  in  the  country.  I  will  say,  further,  that 
I  cannot  see  what  practical  service  these  gentlemen  render 
when  they  come  here  once  a  year  for  a  day  or  two. 

Mr.  G-.  F.  HOAR.  I  am  glad  the  gentleman  has  made  that 
suggestion.  Suppose  the  gentleman  from  New  York  goes 
to  Professor  Henry  with  a  paper  composed  by  himself  or 
some  friend,  or  asking  an  investigation  involving  the  use  of 
apparatus  or  other  expenditure  from  the  funds  of  the  insti- 
tution ;  Professor  Henry  refers  that  paper  or  that  request 
for  an  examination  to  one  of  these  scientific  gentlemen ;  he 
sends  it  to  him  at  his  home,  and  he  spends  perhaps  days  or 
weeks  in  determining  whether  the  paper  is  one  proper  to 
be  published  at  the  expense  of  the  Smithsonian  Institute, 
or  whether  the  investigation  is  one  fit  to  be  pursued.  This 
meeting  once  or  twice  a  year  in  Washington  is  but  a  trifle 
to  the  labor  which  these  five  or  six  scientific  gentlemen  per- 
form in  the  course  of  the  year.  There  is  residing  in  my  own 
city  a  gentleman,  the  librarian  of  the  Antiquarian  Society 
there,  who  prepared  by  the  labor  of  years  a  very  interesting 
and  important  paper  upon  the  origin  of  races  in  this  country- — 


740  CONGRESSIONAL    PROCEEDINGS. 

the  aboriginal  settlers  of  the  country.  That  paper  was  pub- 
lished at  the  expense  of  the  Smithsonian  Institute;  and 
now  letters  come  from  all  parts  of  Europe  testifying  to  the 
appreciation  of  the  scientific  world  of  that  paper  published 
by  the  Smithsonian  Institute.  Now,  the  man  who  is  to 
pronounce  upon  the  character  of  a  publication,  or  upon  the 
propriety  of  an  examination,  should  be  the  best  authority 
upon  that  special  question  in  the  countr}7. 

Mr.  MAYNARD.  I  desire,  in  the  first  place,  to  make  a 
verbal  correction.  My  friend  from  Massachusetts  has  fallen 
into  a  common  error  in  speaking  of  this  establishment  as 
the  "  Smithsonian  Institute."  James  Smithson,who  founded 
it,  called  it  the  "  Smithsonian  Institution." 

Mr.  G.  F.  HOAR.  I  am  much  obliged  to  the  gentleman 
for  that  correction  ;  and  now  will  the  gentleman  be  kind 
enough  to  state  to  the  House,  with  regard  to  the  gentleman 
whose  name  he  proposes,  what  special  branch  of  science  he 
has  devoted  himself  to?  I  am  not  myself  as  familiar  with 
his  labors  as  perhaps  I  ought  to  be. 

Mr.  MAYNARD.  I  listened  to  the  gentleman  from  Massa- 
chusetts with  great  pleasure  and  instruction,  as  I  always  do. 
"We  can  best  ascertain  the  character  of  the  regency  of  the 
Smithsonian  Institution  by  giving  the  names  and  residences 
of  those  who  recently  constituted  it.  They  are,  Louis  Agassiz, 
a  citizen  of  Massachusetts;  Theodore  D.  Woolsey,  a  citizen 
of  Connecticut;  William  B.  Astor,  a  citizen  of  New  York; 
Peter  Parker  and  William  T.  Sherman,  citizens  of  Wash- 
ington ;  and  John  Maclean,  a  citizen  of  New  Jersey.  All 
of  these  gentlemen,  it  will  be  seen,  come  within  the  category 
of  the  gentleman  from  Massachusetts;  but  the  time  has  not 
yet  come,  and  I  trust  it  never  may  come,  when  the  scientific 
talent  of  the  country  will  be  confined  within  a  limited  area. 

The  gentlemen  proposed  arc  all  distinguished,  and  I  did 
not  predicate  my  motion  upon  any  unfitness,  suggested  or 
implied,  or  intended  to  be  understood,  in  reference  to  the 
superior  fitness  of  any  one  of  them.  I  suggested  what 
seemed  to  me  to  be  a  better  and  wiser  administration  of  this 
great  public  trust — a  trust  committed  to  us  in  the  presence 
of  the  civilized  world,  and  for  the  wise  administration  of 
which  we  stand  conspicuously  responsible.  My  suggestion  is 
that  we  should  select  the  regency  from  different  portions  of 
the  land,  so  as  to  represent  the  vast  geography  of  the  whole 
country.  The  gentleman  from  Massachusetts  asks  me  what 
have  been  the  distinguishing  studies  and  the  character  of 
the  intellectual  labors  of  the  eminent  gentleman  whose  name 
I  have  ventured  to  mention — a  divine  of  eminence  in  the 


FORTY-THIRD    CONGRESS,    1873-75.  741 

Protestant  Episcopal  Church,  and  at  the  head  of  the  leading 
university  of  my  State,  if  not  of  the  great  Southwest.  He 
is  eminent  for  his  high  literary  and  scientific  attainments, 
and  has  been  a  scholar  all  his  life;  and  his  head,  like  mine 
and  that  of  my  friend,  begins  to  bleach  from  the  effect  of 
years.  Many  gentlemen  on  this  floor  are  acquainted  with 
him  personally  or  by  character,  and  there  will  be  no  contro- 
versy, I  am  sure,  about  his  fitness  for  this  duty.  But  I  have 
.placed  the  discussion  upon  higher  ground.  The  question 
is,  whether  it  is  not  a  wiser,  better,  more  politic  arrange- 
ment, other  things  equal,  to  distribute  these  offices  a  little 
more,  rather  than  to  concentrate  the  whole  regency  within 
a  few  States  upon  the  Atlantic  coast.  With  these  remarks 
I  leave  the  question. 

Mr.  MONROE.  Mr.  Speaker,  I  desire  to  say  a  word  in 
Tegard  to  what  has  been  said  of  the  action  of  the  committee 
on  this  subject.  It  is  a  matter  of  great  delicacy  to  discuss 
this  question  here  in  the  House  to  any  great  extent,  and  to 
discuss  the  multitude  of  names  that  would  at  once  be  offered 
here  if  the  question  of  the  claims  of  the  several  States  were 
to  be  fully  examined  on  this  floor;  for  their  claims  are  all 
very  excellent  and  very  valid.  I  am  not  without  some  sym- 
pathy with  the  local  feeling  expressed  by  the  gentleman  from 
Tennessee,  [Mr.  Maynard.]  As  a  member  of  the  committee 
I  represent  Ohio.  Now,  Ohio  is  a  State  also ;  there  is  some 
land  in  Ohio ;  it  is  quite  a  piece  of  territory,  and  I  could 
not  help  thinking  of  a  large  number  of  accomplished  gen- 
tlemen and  dear  friends  of  mine  in  that  State,  some  of  whom 
I  would  be  very  glad  to  have  named  for  these  places,  and 
men  whom  I  know  would  have  filled  them  with  credit  to 
themselves  and  with  high  usefulness  to  the  objects  of  the 
institution.  But  I  saw  at  once  that  this  was  just  one  of  those 
questions  in  which  we  must  give  up  local  preferences.  In 
discussing  a  question  of  science,  of  all  others,  I  imagine  on 
the  whole  a  man  will  be  most  useful  who  can  be  most  capa- 
ble, and  who  can  yield  most  readily  to  local  preference  be- 
longing to  his  own  district.  I  recognized  the  necessity  for 
that;  and,  although  I  had  no  doubt  I  had  even  in  my  own 
congressional  district,  where  there  are  four  colleges  of  a  very 
high  order,  the  very  best  men  in  the  world  to  fill  these  vacan- 
cies, I  thought  it  quite  right  to  make  the  great  sacrifice  of 
yielding  up  this  question  of  the  local  claims  of  my  congres- 
sional district. 

What  is  there  of  locality  about  these  great  names  in 
science  ?  Who  cares  anything  about  where  their  domicile 
is  ?  How  inferior  any  question  of  that  sort  is  in  comparison 


742  CONGRESSIONAL    PROCEEDINGS. 

with  the  high  commission  upon  which  God  has  sent  thorn 
into  this  world  arid  the  grand  work  they  are  accomplishing! 
Will  anybody  who  hears  me  tell  me  that  Professor  Dana,  of 
New  Haven,  is  not  a  man  in  whom  my  own  locality  will  be 
interested?  He  belongs  to  my  locality;  he  belongs  to  my 
vicinage;  he  is  my  neighbor;  he  is  one  of  the  nearest  und 
best  of  my  neighbors;  he  is  by  intellect  among  the  men  in 
whom  mv  neighborhood  has  the  deepest  interest;  he  belongs 
to  my  neighborhood ;  and  so  do  Professor  Gray  and  Professor 
Agassiz.  They  have,  by  the  services  they  have  rendered  and 
are  rendering  to  science,  secured  the  interest  not  only  of 
New  England,  Now  York,  but  the  interest  of  the  whole 
world.  And  there  is  no  better  principle,  Mr.  Speaker,  upon 
which  to  select  these  men  than  to  search  diligently  for  tho 
best  and  put  them  in  these  places.  "We,  therefore,  thought 
it  best  upon  the  whole  to  make  this  report  and  secure  its 
adoption  by  the  House  if  we  could. 

Mr.  Cox.  I  ask  the  gentleman  from  Ohio  to  yield  to  me 
for  a  moment. 

Mr.  MONROE.  I  was  going  to  demand  the  previous  ques- 
tion on  this  matter,  butl  will  yield  to  the  gentleman  from 
New  York.  I  recognize  his  right  to  be  heard. 

Mr.  Cox.  I  would  not  intrude  my  voice  on  the  House 
on  this  question  but  for  the  fact  that  for  some  dozen  of  years 
I  have  been  more  or  less  associated  with  this  Smithsonian 
regency;  and  I  would  say  to  the  House  we  have  never  had 
any  special  need  for  men  of  financial  ability,  at  least  since 
I  have  been  a  regent  of  the  Smithsonian  Institution.  Our 
affairs  have  been  conducted  with  economy.  There  has  been 
no  surplus  which  has  not  been  used  in  a  proper  way,  and 
there  has  been  no  deficiency.  I  supposed  the  Board  of 
Regents  had  sent  in  the  name  of  Mr.  Stewart  in  place  of 
Mr.  Astor  after  some  consultation  with  him,  but  I  learn  this 
committee  has  withdrawn  the  name  of  Mr.  Stewart  on  the 
simple  suggestion  that  his  health  is  not  good. 

I  propose  to  amend  the  amendment  offered  by  the  gentle- 
man from  Tennessee  so  as  to  replace  the  name  of  Mr.  Alex- 
ander T.  Stewart,  of  New  York ;  and  I  do  it  for  this  reason  : 
There  is  no  special  need  or  requirement  for  the  presence  of 
these  regents  at  Washington  except  once  or  twice  a  year. 
There  is  no  special  need  for  any  culture  in  any  particular 
line  of  science,  on  the  part  of  some  of  the  regents  at  least, 
for  we  are  supplied  with  men  of  that  quality  in  the  presi- 
dents and  professors  of  colleges  who  are  now  there.  But  I 
will  say,  Mr.  Speaker,  on  behalf  of  Mr.  Stowart,  who  is 
perhaps  entirely  ignorant  of  these  proceedings,  that  he  adds 


FORTY-THIRD    CONGRESS,    1873-75.  743 

to  his  great  wealth,  his  wonderful  mercantile  ability,  and 
his  skill  in  finance,  rare  education  and  great  refinement  of 
culture.  He  would  give  strength,  solidity,  firmness,  to  this 
institution.  I  think  the  original  idea  should  be  carried  out, 
and  his  name  replaced.  Then  we  would  avoid  all  these  dis- 
cussions as  to  particular  localities  which  have  been  raised 
by  the  gentleman  from  Tennessee  [Mr.  Maynard]  in  the 
suggestion  of  a  man  from  that  State.  I  therefore  move  to 
amend  the  amendment  of  the  gentleman  from  Tennessee  by 
inserting  the  name  of  Alexander  T.  Stewart. 

Mr.  MONROE.  I  now  yield  five  minutes  to  the  gentleman 
from  Pennsylvania,  [Mr.  Storm,]  a  member  of  the  com- 
mittee, after  which  I  propose  to  call  the  previous  question. 

Mr.  STORM.  I  hope  that  the  resolution,  as  modified  by 
the  Committee  on  Education  and  Labor,  will  be  adopted. 
That  committee  carefully  considered  the  resolution  referred 
to,  and  came  to  the  conclusion  which  they  have  reported. 
The  name  of  Mr.  Stewart  was  before  that  committee,  to- 
gether with  several  other  names.  After  full  discussion  and 
interchange  of  views  by  the  members  of  the  committee  they 
came  to  this  conclusion,  and  I  trust  the  action  of  the  com- 
mittee will  be  approved  by  this  House  at  this  time. 

If  we  follow  the  course  indicated  by  the  gentleman  from 
Tennessee  [Mr.  Maynard]  and  the  gentleman  from  New 
York  [Mr.  Cox]  I  have  no  doubt  that  every  gentleman  upon 
this  floor  has  some  particular  friend  whom  he  would  desire 
to  honor  by  suggesting  his  name  for  this  position.  The  com- 
mittee have  looked  solely  to  the  qualifications,  scientific  and 
literary,  of  the  persons  whose  names  have  been  suggested. 
If  the  gentleman  can  give  one  reason  or  state  one  single 
particular  wherein  Mr.  Stewart  is  superior  to  Professor 
Coppee,  I  will  yield  to  him.  Mr.  Stewart  is  a  merchant,  of 
large  business,  engrossed  and  absorbed  in  mercantile  pur- 
suits. I  dare  say  he  would  be  entirely  unable  to  pay  any 
attention  at  all  to  any  question  that  might  be  referred  to 
him  should  he  be  appointed  to  this  place. 

Professor  Coppee.  as  a  scientific  and  literary  man,  is  abreast 
with  the  age  upon  all  questions  of  science,  and  is  largely 
interested  in  metallurgy,  civil  engineering,  and  mining, 
questions  which  are  now  pressing  themselves  upon  the  atten- 
tion of  our  colleges  and  schools,  and  the  study  of  which  is 
replacing  the  old  study  of  the  dead  languages.  He  has  given 
great  attention  to  these  matters,  and  is  to-day  in  Pennsyl- 
vania one  of  the  leading  scientific  minds  upon  all  these  great 
questions,  in  which  the  people  have  such  a  deep  interest. 
I  think  that  it  is  due  to  that  class  of  our  people  that  they 


744  CONGRESSIONAL    PROCEEDINGS. 

should  be  represented  upon  the  Board  of  Regents  by  such 
a  man  as  Professor  Coppee.  He  is  in  every  way  qualified 
for  the  place,  and  I  think  to  strike  him  from  the  list  pro- 
posed would  be  an  ungracious  act,  and  one  which  the  House 
would  not  desire  to  perform,  and  to  replace  him  by  a  man 
who  has  nothing  but  his  wealth  to  recommend  him. 

Professor  Coppee  has  a  thorough  military  training,  has 
been  honorably  connected  with  some  of  our  most  honored 
colleges,  and  is  now  the  president  of  the  Packer  University. 
He  has  published  one  of  the  best  text-books  we  have  on  logic 
and  rhetoric;  he  is  the  historian  of  General  Grant,  and  his 
criticisms  on  the  military  movements  of  the  army  in  the  late 
war  are  the  best  we  have.  He  is  a  scholar  of  high  attain- 
ments and  of  great  financial  ability,  and  his  appointment 
would  be  a  deserved  compliment  to  his  great  talent. 

Mr.  MONROE.     I  now  call  the  previous  question. 

The  SPEAKER.  Does  the  gentleman  call  the  previous  ques- 
tion on  the  bill  and  amendments  ? 

Mr.  MONROE.  At  the  earnest  requests  of  gentlemen  I  give 
my  personal  consent  that  a  vote  should  be  had  upon  the 
amendments. 

Mr.  RANDALL.    Did  the  committee  instruct  you  to  do  that? 

Mr.  MONROE.  No;  the  committee  gave  me  no  instruc- 
tions. 

Mr.  RANDALL.     Then  you  cannot  permit  it. 

Mr.  MONROE.  I  merely  said  that  I  was  willing  to  have 
votes  taken  on  these  amendments. 

Mr.  G.  F.  HOAR.  Allow  me  to  make  a  suggestion.  Should 
the  House  vote  down  the  previous  question,  and  permit 
amendments  to  be  in  order,  and  the  name  of  any  gentleman 
should  be  proposed  and  rejected,  it  would  put  him  in  a  very 
uncomfortable  position.  But  if  the  House  should  sustain 
the  previous  question  it  will  determine  that  the  House  will 
adopt  the  recommendations  of  the  committee  as  a  whole. 
I  hope,  therefore,  that  the  chairman  [Mr.  Monroe]  will  insist 
upon  the  previous  question  upon  the  bill  without  amend- 
ments. 

Mr.  MAYNARD.  After  having  debated  the  matter  for  half 
an  hour,  I  think  that  it  is  an  unkind  suggestion. 

Mr.  RANDALL.  I  think  there  is  but  one  safe  course  for  us 
to  pursue  in  all  such  matters.  We  cannot  in  this  House 
canvass  the  personal  merits  or  qualifications  of  individuals. 
I  dare  say  that  Mr.  Stewart  is  a  very  proper  man  for  the 
place.  But  the  committee  have  fully  examined  the  whole 
question,  and  have  made  their  report.  I  think  the  only  safe 


FORTY-THIRD    CONGRESS,    1873-75.  745 

course  for  us  to  pursue  is  to  adopt  the  report  of  the  com- 
mittee. 

In  regard  to  Professor  Coppee,  allow  me  to  say  that  he  is 
a  gentleman  I  have  known  for  years.  He  is  a  professor  in 
the  university  in  which  I  was  partly  educated,  and  is  with- 
out a  superior  in  science  or  literature  in  this  country.  He 
would  be  a  very  worthy  successor  to  Mr.  Agassiz. 

Mr.  MONROE.     I  must  now  call  the  previous  question. 

The  SPEAKER.    Does  the  gentleman  include  amendments  ? 

Mr.  MONROE.  I  have  given  my  consent  personally.  Am 
I  the  proper  person  to  decide  that  question  ? 

The  SPEAKER.     The  only  person. 

Mr.  MONROE.  Then  I  will  call  for  the  previous  question 
upon  the  bill  and  amendments  of  the  gentleman  from  Ten- 
nessee [Mr.  Maynard]  and  the  gentleman  from  New  York, 
[Mr.  Cox.] 

The  previous  question  was  seconded,  and  the  main  ques- 
tion ordered. 

The  SPEAKER.  The  gentleman  from  Tennessee  [Mr.  May- 
nard] moves  to  insert  instead  of  the  name  of  Henry  Coppee, 
of  Pennsylvania,  the  name  of  Thomas  W.  Humes,  of  Ten- 
nessee. The  gentleman  from  New  York  [Mr.  Cox]  moves, 
as  an  amendment  to  the  amendment,  to  insert  instead  of 
the  name  of  Mr.  Humes  the  name  of  Alexander  T.  Stewart, 
of  New  York.  The  first  question  is  upon  the  amendment 
to  the  amendment. 

The  amendment  to  the  amendment  was  not  agreed  to. 

The  question  recurring  on  the  amendment  of  Mr.  May- 
nard, it  was  not  agreed  to. 

The  joint  resolution  was  then  ordered  to  be  engrossed 
for  a  third  reading,  read  the  third  time,  and  passed. 

Mr.  MONROE  moved  to  reconsider  the  vote  by  which  the 
joint  resolution  was  passed;  and  also  moved  that  the  motion 
to  reconsider  be  laid  on  the  table. 

The  latter  motion  was  agreed  to. 

May  15,  1874. — Mr.  DONNAN,  from  the  Committee  on 
Printing,  reported  back,  with  the  recommendation  that  it  be 
concurred  in,  the  following  concurrent  resolution  from  the 
Senate  : 

Resolved,  (the  House  of  Representatives  concurring,)  That  seventy-five 
hundred  additional  copies  of  the  report  of  the  Smithsonian  Institution,  for 
the  year  1873,  be  printed  for  the  use  of  the  institution  :  Provided,  That  the 
aggregate  number  of  pages  of  said  report  shall  not  exceed  four  hundred 
and  fifty,  and  that  there  be  no  illustrations  except  those  furnished  by  the 
Smithsonian  Institution. 

Mr.  HOLM  AN.  Does  that  resolution  propose  to  give  all 
the  copies  to  the  Smithsonian  Institution  ? 


746  CONGRESSIONAL    PROCEEDINGS. 

Mr.  DONNAN.  I  desire  to  say  to  the  House  that  this  reso- 
lution proposes  five  thousand  less  than  the  usual  number 
of  copies ;  but  we  make  no  provision  for  furnishing  any 
copies  to  members  of  Congress.  The  whole  number  is  for 
the  Smithsonian  Institution. 

Mr.  HOLMAN.  It  seems  to  me  that  there  ought  to  he 
some  copies  for  members  of  Congress.  I  think  it  would  be 
fair  not  to  increase  the  number,  but  to  divide  it  up  so  that 
a  portion  shall  be  distributed  by  Senators  and  members  of 
the  House. 

Mr.  DONNAN.  This  is  a  Senate  resolution  and  it  was  be- 
lieved inasmuch  as  members  of  Congress  have  no  means 
of  distributing  the  documents  that  they  could  obtain  such 
copies  as  they  desired  for  their  own  use  from  the  institu- 
tion. 

Mr.  HOLMAN.  I  think  it  would  be  better  to  have  a  small 
number  provided  for  members  of  Congress.  Most  of  us  arc 
perfectly  willing  to  send  them  to  our  constituents.  I  think 
one-third  of  the  number  should  be  furnished  for  the  use  of 
members  of  Congress.  What  is  the  number  which  the 
resolution  proposes  to  have  printed  ? 

Mr.  DONNAN.  Seventy-five  hundred  for  distribution  by 
the  Smithsonian  Institution. 

Mr.  HOLMAN.     Seventy-five  hundred  all  together  ? 

Mr.  DONNAN.  Yes ;  and  the  usual  number  was  twelve 
thousand. 

Mr.  HOLMAN.  Then  I  would  move  to  amend  the  resolu- 
tion so  that  three  thousand  copies  shall  be  furnished  to  the 
Senate  and  House ;  two  thousand  for  the  House,  and  one 
thousand  for  the  Senate,  and  that  the  remaining  forty-five 
hundred  shall  be  for  the  institution. 

Mr.  DONNAN.  I  have  no  objection  to  the  House  voting 
on  that  amendment. 

Mr.  E.  R.  HOAR.  I  did  not  understand  whether  the  mo- 
tion of  the  gentleman  from  Indiana  was  to  add  to  the 
number. 

Mr.  HOLMAN.  No ;  but  to  divide  the  number  proposed 
so  as  to  give  a  portion  to  the  Senate  and  to  the  House. 

Mr.  E.  R.  HOAR.  I  desire  to  say  that  this  number  is  only 
what  the  Smithsonian  Institution  desires  for  distribution 
according  to  its  systems  among  the  libraries  and  colleges  of 
the  country,  and  for  its  exchanges.  I  do  not  think  it  would 
be  proper  or  wise  for  the  House  to  take  away  a  part  of  the 
ordinary  number  furnished  to  this  institution,  for  the  pur- 
pose of  distributing  this  document  to  favored  constituents 
of  members  of  the  House.  If  members  desire  copies  for 


FORTY-THIRD    CONGRESS,    1873-75.  747 

distribution,  I  think  they  should  add  to  and  not  diminish 
the  regular  supply  to  the  institution.  I  move  to  amend  the 
amendment  so  that  the  number  proposed  for  the  House  and 
Senate  shall  be  in  addition  to  the  number  proposed  by  the 
resolution. 

The  amendment  to  the  amendment  was  agreed  to  ;  and 
the  amendment,  as  amended,  was  agreed  to. 

The  resolution,  as  amended,  was  concurred  in. 

Mr.  DONNAN  moved  to  reconsider  the  vote  by  which  the 
resolution  was  concurred  in  ;  and  also  moved  that  the  mo- 
tion to  reconsider  be  laid  on  the  table. 

The  latter  motion  was  agreed  to. 

December  11,  1874. — On  motion  by  Mr.  HOOPER,  the  joint 
resolution  appointing  George  Bancroft  a  Regent  of  the 
Smithsonian  Institution,  in  place  of  William  T.  Sherman, 
resigned,  was  taken  up,  and  passed. 

January  26,  1875. — Annual  report,  for  the  year  1874,  laid 
before  the  House  of  Representatives,  and  ordered  to  be 
printed. 

February  8,  1875. — Mr.  HOAR  moved  to  have  additional 
copies  of  the  report  of  the  Smithsonian  Institution  printed. 

February  24,  1875. — Mr.  DONNAN,  from  the  Committee  on 
Printing,  reported  the  following  resolution  ;  which  was 
read,  and  agreed  to  : 

Resolved,  (by  the  House  of  Representatives,  the  Senate  concurring,}  That 
10,500  copies  of  the  report  of  the  Smithsonian  Institution,  for  the  year 
1874,  be  printed  ;  2,000  copies  of  which  shall  be  for  the  use  of  the  House  of 
Representatives,  1,000  for  the  use  of  the  Senate,  and  7,500  for  the  use  of  the 
institution  :  Provided,  That  the  aggregate  number  of  pages  of  said  report 
shall  not  exceed  450,  and  that  there  shall  be  no  illustrations,  except  those 
furnished  by  the  Smithsonian  Institution. 

March  2,  1875.— Mr.  HOAR  introduced  a  bill  extending 
the  privileges  of  the  library  of  Congress  to  the  Regents  of 
the  Smithsonian  Institution ;  which  was  passed. 


748  CONGRESSIONAL    PROCEEDINGS. 


FORTY-FOURTH  CONGRESS. 

SENATE,  April  13,  1876. 

Annual  report  of  the  Smithsonian  Institution  for  1875, 
laid  before  the  Senate. 

Mr.  HAMLIN  moved  that  extra  copies  be  printed. 

April  20,  1876. — Mr.  ANTHONY,  from  the  Committee  on 
Printing,  reported  the  following  resolution,  which  was 
agreed  to : 

Resolved,  (by  the  Senate,  the  House  of  Representatives  concurring,)  That 


4.t<\J\J\J  ULMJlUo   It/1     tile    tloO     \JL     iinj     j^AVSUov;  LVk      I  I Ww     v.v.MUij.3 

for  the  use  of  the  Smithsonian  Institution:  Provided,  That  the  aggregate 
number  of  pages  shall  not  exceed  450,  and  that  there  shall  bo  no  illustra- 
tions, except  those  furnished  by  the  Smithsonian  Institution. 

January  26,  1877. — The  PRESIDENT  pro  tempore  presented 
a  resolution  of  the  Board  of  Regents  of  the  Smithsonian 
Institution,  adopted  at  a  meeting  held  .January  24,  1877, 
asking  an  appropriation  by  Congress  for  the  erection  of  H 
suitable  building,  in  connection  with  tin-  present  edilicc,  for 
the  accommodation  of  additional  collections;  which  was 
referred  to  the  Committee  on  Public  Buildings  and  Grounds. 

February  6,  1877. — Mr.  STEVENSON.  I  desire  to  present  a 
memorial  from  the  Regents  of  the  Smithsonian  Institution, 
which  I  desire  to  have  read.  It  will  be  found  to  refer  to  a 
subject  in  which  the  entire  country  must,  I  am  sure,  feel  a 
very  deep  interest. 

It  is  known  to  the  Senate  that  the  Smithsonian  Institu- 
tion was  represented  at  the  late  Centennial  Exhibition  at 
Philadelphia.  At  the  close  of  that  exposition  a  number  ot 
the  foreign  powers  there  represented,  and  who  contributed 
to  that  grand  national  display,  at  its  close  generously  do- 
nated to  the  Smithsonian  Institution  most  of  their  articles 
and  products  there  exhibited.  A  list  of  the  articles  donated 
and  the  name  of  the  donors  accompany  this  memorial. 
Among  these  gifts  will  be  found  an  exquisite  pair  of  vases 
valued  at  some  $17,000. 

The  motive  which  prompted  these  donations  to  the  Smith- 
sonian Institution  was  unquestionably  one  of  amity  and 
respect  entertained  by  the  foreign  powers  donating  them 
for  the  Government  of  the  United  States.  But  unquestion- 
ably these  donors  expected  that  this  Government  would, 
through  ^the  agency  of  the  Smithsonian  Institution,  keep 
these  articles  thus  donated  on  public  exhibition,  and  in  this 


FORTY-FOURTH    CONGRESS,    1875-77.  749 

way  the  respective  products  of  each  country  would  become 
known  to  the  people  of  our  entire  country. 

The  articles  donated  are  valuable,  rare,  varied,  and  occupy 
much  space.  They  are  all,  I  believe,  now  stored  in  Phila- 
delphia, for  the  reason  that  the  Smithsonian  Institution  has 
no  building  in  which  they  can  be  either  exhibited  or  safely 
preserved.  They  must  remain,  therefore,  in  boxes,  subject 
to  injury  and  to  decay,  unless  Congress  shall  take  some 
immediate  action  toward  the  erection  of  a  building  in  all 
respects  suitable  for  their  exhibition  and  preservation.  The 
capacity  of  such  a  building  is  estimated  by  competent  arch- 
itects to  be  four  times  as  large  as  the  Smithsonian  building. 
A  plan  of  such  a  structure  has  been  already  drawn  by  Gen- 
eral Meigs.  Its  estimated  cost  will  not  exceed  $200,000. 

The  regents  of  the  institution  by  this  memorial  ask  Con- 
gress to  make  at  once  the  necessary  appropriation.  If  it  be 
promptly  done,  a  beautiful  and  capacious  building  can  be 
put  up  and  finished  by  the  assembling  of  Congress  in  De- 
cember next.  Of  course,  this  memorial  should  go  first  to 
the  Committee  on  Public  Buildings  and  Grounds.  The 
prompt  erection  of  the  proposed  building  is  a  public  neces- 
sity, which,  I  hope,  will  commend  itself  to  the  judgment  of 
that  committee — and  I  trust  they  will  at  the  earliest  moment 
make  a  report.  I  submit  that  the  honor  and  good  faith  of 
our  country  seems  to  demand  and  require  prompt  and  lib- 
eral action  by  Congress.  That  is  all  I  have  now  to  suggest. 

Mr.  CONKLING.     What  is  the  worth  of  these  articles  ? 

Mr.  STEVENSON.  It  is  stated  in  the  memorial  that  the  es- 
timated value  is  a  million  dollars.  I  ask  that  the  memorial' 
be  now  read. 

The  Secretary  read  as  follows  : 

To  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled: 

The  undersigned,  Regents  of  the  Smithsonian  Institution,  beg  leave  re- 
spectfully to  lay  before  you  a  question  which  has  suddenly  arisen,  and  which 
can  be  solved  only  by  your  authority. 

In  the  year  1846,  on  the  organization  of  the  Smithsonian  Institution 
"  for  the  increase  and  diffusion  of  knowledge  among  men,"  Congress,  to  the 
great  relief  of  the  Patent  Office  and  other  public  buildings,  devolved  upon 
the  regents  of  that  institution  the  custody  of  "all  objects  of  art  and  of  for- 
eign and  curious  research,  and  all  objects  of  natural  history,  plants,,  and 
geological  and  mineralogical  specimens  belonging  or  hereafter  to  belong  to 
the  United  States,  Which  may  be  in  the  city  of  Washington." 

In  accordance  with  this  enactment  the  institution  has  received  and  care- 
fully preserved  all  the  specimens  which  have  been  brought  together  from  more 
than  fifty  public  exploring  expeditions,  and  has  added  specimens  collected 
by  itself  or  obtained  from  foreign  museums  by  exchange,  till  its  present 
edifice  in  the  beginning  of  1870  had  become  full  to  overflowing. 

By  an  act  bearing  date  July  31,  1870,  additional  duties  were  laid  upon 
the  Smithsonian  Institution  as  custodian,  and  $4,500  were  appropriated! 


750  CONGRESSIONAL    PROCEEDINGS. 

•ll  for  repairing  and  fitting  up  the  so-called  armory  building,  on  the  Mail 
between  Sixth  and  Seventh  streets,  and  to  enable  the  Smithsonian  Institution 
to  store  therein  and  to  take  care  of  specimens  of  the  extrusive  series  of  tin- 
ores  of  the  precious  metals,  marbles,  building  stones,  c«>;tl>.  and  numerous 
objects  of  natural  history  now  on  exhibition  in  Philadelphia,  including 
other  objects  of  practical  and  economical  value  presented  by  various  foreign 
governments  to  the  national  museum." 

As  a  fruit  of  this  act  of  the  General  Government,  the  Smithsonian  In-ti- 
tution  finds  itself  the  custodian  of  enormous  collections  that  had  been  di  — 
played  at  the  Centennial  Kxhibition,  and  on  closing  of  that  exhibition  had 
been  presented  to  the  t'nited  States.  These  donations  are  made  by  individ- 
uals among  our  own  citizens,  by  foreign  exhibitors,  and  by  .-e\.-ral  of  th  • 
States  of  the  Union  ;  and  there  is  scarcely  a  power  in  the  civilized  world  in 
any  region  of  the  globe  which  has  not  taken  part  in  the  contributions,  and 
some  of  them  with  the  large-t  generosity.  Men  of  science  most  competent 
to  pass  judgment  pronounce  them  to  be  of  immense  value,  ami  are  ,.f  opin- 
ion that,  including  the  gift  from  States  of  the  Union  and  the  exhibits  of  tin- 
United  States,  they  could  not  have  been  brought  together  by  purcha-c  for 
less  than  a  million  of  dollars. 

That  the  magnitude  and  value  of  the  donations  from  foreign  governments 
may  be  manifest,  we  annex  to  this  memorial  a  list  of  the  more  important  of 
them  as  prepared  by  Professor  S.  F.  Baird,  who  represented  the  Smithso- 
nian Institution  at  Philadelphia. 

Their  adequate  exhibition  requires  an  additional  building  which  shall  af- 
ford at  least  four  times  the  space  furnished  by  the  present  edifice  of  tin 
institution. 

The  Government  of  the  United  States  is  now  in  possession  of  the  mate- 
rials of  a  museum  exhibiting  the  natural  products  of  our  own  country 
ciated  with  those  of  foreign  nations  which  would  rival  in  magnitude. 'value, 
and  interest  the  most  celebrated  museums  of  the  Old  World. 

The  immediate  practical  question  is  :  Shall  these  precious  material-  be  for 
the  most  part  packed  away  in  boxes,  liable  to  injury  and  decay,  or  shall  they 
be  exhibited? 

It  was  the  act  of  Congress  which  ordered  the  acceptance  in  tru-t  of  th.--,- 
noble  gifts  to  the  United  States.  The  receiving  of  them  implies  that  they 
will  be  taken  care  of  in  a  manner  corresponding  to  the  just  expectations  of 
those  who  gave  them;  and  one  of  the  prevailing  motives  of  the  donor-  Wftt 
that  the  productions  of  their  several  lands  might  continue  to  bo  exhibited. 
The  intrinsic  value  of  the  donations  is  moreover  enhanced  by  the  circum- 
stances under  which  they  were  made.  They  came  to  u-  in  tin-  one  hun- 
dredth year  of  our  life  as  a  nation,  in  token  of  the  d. -ire  of  the  government- 
of  the  world  to  manifest  their  interest  in  our  de-tiny.  This  consideration 
becomes  the  more  pleasing  when  we  bring  to  mind  that  these  gifts  have 
been  received,  not  exclusively  from  the  great  nations  of  Europe  from  which 
we  are  sprung,  or  from  the  empire  and  republics  on  our  own  continent  be- 
yond the  line,  but. that  they  come  to  us  from  the  oldest  abode  of  civilization 
on  the  Nile,  from  the  time-honored  empires  and  kingdoms  of  the  reniote-t 
Eastern  Asia,  and  from  the  principal  States  which  are  rising  into  intellect- 
ual and  industrial  and  political  gn-atne-s  ;n  the  farthest  isles  and  continent; 
from  States  which  are  younger  than  ourselves  and  bring  their  contributions 
AS  a  congratulatory  offering  to  their  elder  brother. 

We  have  deemed  it  our  duty  to  lay  these  facts  and  reflections  before  both 
Houses  of  Congress  and  to  represent  to  them  that,  if  they,  in  their  wisdom, 
think  that  this  unequaled  accumulation  of  natural  specimens  and  works 
interesting  to  science,  the  evidence  of  the  good  will  to  us  that  exists  among 
men,  should  be  placed  where  it  can  be  seen  and  studied  by  the  people  of  our 
own  land  and  by  travelers  from  abroad,  it  will  be  necessary  to  make  an  ap- 
propriation for  the  immediate  erection  of  a  spacious  building.  Careful 
inquiries  have  been  instituted  to  ascertain  the  smallest  sum  which  would  be 
adequate  to  that  purpose ;  and  the  plan  of  a  convenient  structure  has  been 


FORTY-FOURTH   CONGRESS,    1875-77.  751 

Tnade  by  General  Meigs,  the  Quartermaster  General  United  States  Army. 
"We  beg  leave  further  to  represent  that  to  accomplish  the  purpose  there 
would  be  need  of  an  appropriation  of  $250,000.  This  amount  is  required 
not  as  a  first  instalment,  to  be  followed  by  others,  but  as  sufficient  entirely 
to  complete  the  edifice. 

Should  this  appropriation  be  made  at  an  early  day  the  building  could  be 
.ready  for  the  reception  of  articles  before  the  next  session  of  Congress. 

M.  R.  WAITE, 
T.  W.  PERKY, 
H.  HAMLIN, 
J.  W.  STEVENSON, 
A.  A.  SARGENT, 
HIESTER  CLYMER, 
BENJ.  H.  HILL, 
GEO.  W.  McCRARY, 
PETER  PARKER, 
ASA  GRAY, 
GEO.  BANCROFT, 
Regents  of  the  Smithsonian  Institution. 
WASHINGTON,  February  5,  1877. 

Air.  MORRILL.  I  desire  to  say  to  the  Senate  that  the 
Committee  on  Public  Buildings  and  Grounds  have  already 
had  the  subject  before  them  and  would  have  made  a  report 
before  this  time,  but  we  understood  that  the  same  subject 
was  before  a  committee  of  the  House,  where  it  was  being 
favorably  considered.  As  I  have  stated  in  years  past,  it  has 
seemed  to  be  a  necessity  that  we  should  provide  for  a 
National  Museum.  It  has  been  the  opinion  of  the  Com- 
mittee on  Public  Buildings  and  Grounds  on  the  part  of  the 
Senate,  I  believe  unanimously,  for  some  years,  that  we 
ought  to  take  all  of  the  squares  next  east  of  the  public 
grounds,  throughout  the  length  and  breadth  on  the  north 
and  south  range  of  one  square,  taking  one  square  in  depth 
and  the  whole  length,  for  the  purpose  of  a  National  Museum 
and  Congressional  Library;  and  evidently  this  matter 
should  be  provided  for  at  once.  The  National  Armory  I 
understand  is  already  filled  from  basement  to  top. 

Mr.  SARGENT.  With  boxes  without  any  opportunity  for 
display. 

Mr.  MORRILL.  With  boxes  without  any  opportunity  of 
displaying  their  contents :  and  there  are  at  this  time,  as  I 
.am  informed,  at  least  fifty  car-loads  of  articles  that  have 
been  given  to  us  by  foreign  governments.  Thirty-two  or 
thirty-three  out  of  the  forty  nationalities  abroad  have  given 
us  their  entire  exhibits  at  the  Centennial  Exhibition.  Their 
money  value  is  scarcely  computable,  but  if  it  were  to  be 
computed  it  exceeds  our  own,  as  large  as  our  exhibits  were 
there  and  as  creditable  to  the  country.  Our  own,  I  believe, 
in  money  value  have  been  computed  at  $400,000.  These 
foreign  exhibits  are  computed,  at  least  in  money  value,  at 


752  CONGRESSIONAL    PROCEEDINGS. 

the  sum  of  $600,000,  but  in  historical  and  scientific  interest 
they  perhaps  surpass  anything  that  has  been  assembled  ii 
any  national  museum  on  the  globe. 

I  shall,  therefore,  hope  to  receive  favorable  consideratioi 
of  the  report  of  the  Committee  on  Public  Buildings  am 
Grounds  at  an  early  day  if  in  the  meantime  we  do  not 
ceive  a  bill  from  the  House  on  the  subject. 

Mr.  STEVENSON.  I  now  move,  Mr.  President,  that  this 
memorial  be  referred  to  the  Committee  on  Public  Buildings- 
and  Grounds.  Allow  me  to  add  a  single  word.  I  hope 
that  speedy  action  will  be  had  by  both  the  Senate  and  the 
committee.  I  hope  this  building  wMl  be  put  on  the  Smith- 
sonian grounds.  There  is  ample  room  on  that  square  with 
out  the  cost  of  additional  ground.  Professor  Henry  assures- 
me  that  with  the  erection  of  the  contemplated  building  oa 
the  plan  of  General  Meigs,  with  the  articles  now  on  exhibi- 
tion in  the  Smithsonian  Institution,  with  those  just  donated,, 
we  shall  have  the  nucleus  of  a  National  Museum  which  ia 
a  few  years  will  equal  any  in  the  world. 

Mr.  SARGENT.  Accompanying  this  memorial  is  a  list  of 
the  various  articles  contributed  by  different  powers,  by  dif- 
ferent exhibitors,  and  by  States  of  the  Union,  and  I  think 
that  if  Senators  will  take  the  pains  to  examine  that  list 
they  will  find  that  articles,  rare  in  their  character,  of  great 
interest  in  a  scientific  point  of  view  and  of  intrinsic  value, 
have  been  given  to  the  Government  of  the  United  States. 
To  properly  display  these  objects  will  be  to  furnish  educa- 
tion of  the  most  valuable  character  to  all  of  our  people  (and 
there  are  millions  of  them  who  come  here)  who  visit  this 
capital. 

I  wish  to  add  my  earnest  desire  that  the  committee  will 
promptly  report  a  measure  that  will  enable  us  to  open  this 
great  educational  institution  to  the  people  of  the  United 
States,  to  utilize  this  vast  and  valuable  collection  which 
has  been  given  to  us,  to  show  that  we  receive  them  from 
these  powers  in  good  faith,  and  are  disposed  to  show  that 
we  properly  appreciate  the  riches  which  they  have  placed 
within  our  hands. 

I  move  that  the  list  with  the  memorial  be  printed,  and 
that  they  both  go  to  the  Committee  on  Public  Buildings 
and  Grounds. 

The  motion  was  agreed  to. 

February  14,  1877.— Mr.  MORRILL,  from  the  Committee 
on  Public  Buildings  and  Grounds,  reported  a  bill  (S.  No. 
1252)  for  the  erection  of  a  fire-proof  building  for  the  Na- 
tional Museum ;  which  was  read  by  its  title. 


FORTY-FOURTH   CONGRESS,    1875-77.  753 

Mr.  MORRILL.  Let  the  bill  be  read  at  length.  It  will 
take  but  a  moment. 

The  PRESIDENT  pro  tempore.  The  bill  will  be  read  the 
second  time  at  length. 

The  chief  clerk  read  the  bill,  as  follows : 

Be  it  enacted,  ^c.,  That  for  a  fire-proof  building  for  the  use  of  the  Na- 
tional Museum,  three  hundred  feet  square,  to  be  erected  under  the  direction 
and  supervision  of  the  Regents  of  the  Smithsonian  Institution,  in  accord- 
ance with  the  plan  of  Major  General  M.  C.  Meigs,  now  on  file  with  the 
Joint  Committee  of  Public  Buildings  and  Grounds,  on  the  southwest  corner 
of  the  grounds  of  the  Smithsonian  Institution,  the  sum  of  $250,000  is 
hereby  appropriated  out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated. Said  building  to  be  placed  west  of  the  Smithsonian  Institution, 
leaving  a  road-way  between  it  and  the  latter  of  not  less  than  thirty  feet, 
with  its  north  front  on  a  line  parallel  with  the  north  face  of  the  buildings 
of  the  Agricultural  Department  and  of  the  Smithsonian  Institution,  and 
all  expenditures  for  the  purposes  herein  mentioned,  not  including  anything 
for  architectural  plans,  shall  be  audited  by  the  proper  officers  of  the 'Treas- 
ury Department. 

The  PRESIDENT  pro  tempore.  The  bill  will  be  placed  on 
the  calendar. 

February  22,  1877. — Mr.  MORRILL.  I  ask  the  Senate  to 
take  up  a  bill  that  will  not  take  more  than  three  or  four 
minutes  in  relation  to  the  National  Museum.  It  is  rather 
important  that  this  bill  should  be  acted  upon  that  it  may  go 
to  the  House.  The  bill  is  one  which  has  been  reported  by 
the  action  of  the  joint  committee  of  the  two  Houses,  that 
is  to  say,  of  the  committee  of  the  Senate,  and  the  sub-com- 
mittee of  the  House,  and  meets  their  unanimous  approval. 
I  move  that  the  Senate  proceed  to  the  consideration  of  the 
bill  (S.  No.  1252)  for  the  erection  of  a  fire-proof  building 
for  the  National  Museum. 

The  motion  was  agreed  to ;  and  the  Senate  as  in  Com- 
mittee on  the  Whole,  proceeded  to  consider  the  bill. 

Mr.  MORRILL.  I  shall  not  occupy  any  time  in  au  ex- 
planation of  this  bill,  for  I  presume  every  Senator  recog- 
nizes the  prime  necessity  there  is  for  it.  The  bill  is  so  care- 
fully guarded  that  there  will  be  no  danger  of  any  further 
demand  upon  the  Treasury,  and  I  think  it  will  meet  the 
approbation  of  all  who  examine  it. 

The  bill  was  reported  to  the  Senate  without  amendment, 
ordered  to  be  engrossed  for  a  third  reading,  read  the  third 
time,  and  passed. 

March  1,  1877. — On  motion  of  Mr.  Anthony,  the  House 
resolution  of  February  28,  to  print  10,500  copies  of  the  re- 
port of  the  Institution  for  1876,  was  concurred  in. 

March  2,  1877. — The  Senate  having  under  consideration 
the  Sundry  Civil  appropriation  bill,  the  next  amendment  was 
48 


754  CONGRESSIONAL    PROCEEDINGS. 

in  line  486,  under  the  head  of  "  Smithsonian  Institution  " 
to  increase  the  appropriation  "  for  preservation  and  care  of 
the  collections  of  the  National  Museum  "  from  $13,000  to 
$25,000. 

The  amendment  was  agreed  to. 

The  next  amendment  was  after  line  487  to  insert : 

For  expenses  of  making  up  into  sets  for  distribution  to  colleges  and 
academies  the  duplicate  ores,  minerals,  and  objects  of  natural  history  now 
belonging  to  the  United  States  or  in  the  collections  of  the  international  ex- 
position presented  to  it  by  foreign  governments,  $5,000. 

The  amendment  was  agreed  to. 

The  next  amendment  was  after  line  492  to  insert : 

For  a  fire-proof  building  for  the  use  of  the  National  Mu.-fum.  three  hun- 
dred feet  square,  to  be  erected  under  the  direction  :uul  lupenrkion  of  the 
Regents  of  the  Smithsonian  Institution,  in  accordance  with  th<>  plan  of 
Major  General  M.  C.  Meigs,  now  on  file  with  the  Joint  Committee  of  Pub- 
lic Buildings  and  Grounds,  on  the  southwest  corner  of  the  grounds  of  the 
Smithsonian  Institution,  the  sum  of  $250,000  is  hereby  appropriated  out  «.f 
any  money  in  the  Treasury  not  otherwise  appropriated  ;  said  building  to  be 
placed  west  of  the  Smithsonian  Institution,  leaving  u  roadway  between  it 
and  the  latter  of  not  less  than  thirty  feet,  witli  its  north  front  on  a  line  par- 
allel with  the  north  face  of  the  buildings  of  the  Agricultural  Department 
and  of  the  Smithsonian  Institution  ;  and  all  expenditures  for  the  purposes 
herein  mentioned,  not  including  anything  for  architectural  plans,  shall  be 
audited  by  the  proper  officers  of  the  Treasury  Department. 

Mr.  SARGENT.  On  line  500,  after  the  word  "  dollars,"  I 
move  to  strike  out  the  words  "  is  hereby  appropriated  out 
of  any  money  in  the  Treasury  not  otherwise-  appropriated." 

The  amendment  to  the  amendment  was  agreed  to. 

The  amendment,  as  amended,  was  agreed  to. 

HOUSE  OF  KEPRESENTATIVES,  December  14,  1875. 

The  SPEAKER  appointed  Mr.  Iliester  Clymer,  of  Penn., 
Mr.  Benjamin  II.  Hill,  of  Georgia,  Mr.  George  W.  Mc- 
Crary,  of  Iowa,  Regents  of  the  Smithsonian  Institution. 

April  27,  1876. — On  motion  of  Mr.  VANCE,  the  concur- 
rent resolution  of  the  Senate,  for  printing  extra  copies  of 
the  report  of  the  Smithsonian  Institution,  for  the  year  1875, 
was  taken  from  the  Speaker's  table,  and  referred. 

May  24,  1876.— Mr.  BALLOU,  from  the  Committee  on 
Printing,  reported  the  Senate  resolution  of  April  20,  which 
was  agreed  to. 

February  2,  1877. — The  SPEAKER  laid  before  the  House 
a  preamble  and  resolution  from  the  Board  of  Regents  of  the 
Smithsonian  Institution,  relative  to  additional  room  for  the 
collections  of  the  institution  ;  which  was  referred  to  the  Com- 
mittee on  Appropriations. 


FORTY-FOURTH    CONGRESS,    1875-77.  755 

February  7,  1877. — Mr.  CLYMER.  I  ask  unanimous  con- 
sent to  present  for  reference  to  the  Committee  on  Public 
Buildings  and  Grounds  a  memorial  of  the  Regents  of  the 
Smithsonian  Institution,  and  beg  permission  briefly  to  ex- 
plain its  import. 

It  sets  forth  that  many  foreign  nations,  states,  and  indi- 
viduals, by  whom  articles  were  sent  to  the  centennial  exhi- 
bition at  Philadelphia,  have  made  noble  and  valuable  gifts 
to  the  Government  of  the  United  States  of  objects  of  art, 
of  fire-arms,  of  mineral  and  agricultural  products,  and  of 
artistic  and  mechanic  skill.  It  may  not  be  disputed  that 
the  acceptance  of  them  by  the  Government  imposes  an  ob- 
ligation that  they  shall  be  preserved  and  exhibited  for  the 
gratification  and  instruction  of  the  people.  Their  preserva- 
tion and  exhibition  must  be  confided  to  the  National  Mu- 
seum, of  which  by  law  the  Eegents  of  the  Smithsonian 
Institution  have  the  custody.  They  have  presented  for  our 
•consideration  the  necessity  for  erecting  a  suitable  building 
for  the  purposes  I  have  indicated,  giving  an  estimate  of  its 
probable  cost.  I  do  not  ask  that  the  memorial  be  printed 
in  the  Record,  as  one  of  like  import  was  presented  to  the 
Senate,  which  will  be  found  in  its  proceedings  of  yesterday. 
1  therefore  ask  its  reference  to  the  Committee  on  Public 
Buildings  and  Grounds,  and  that  the  accompanying  list, 
setting  forth  the  names  of  the  donors  and  the  character  of 
them,  be  printed  in  the  Record  for  the  information  of  the 
House  and  the  country. 

Mr.  CASEY  YOUNG.  I  will  say  to  the  gentleman  from 
Pennsylvania  that  there  is  already  a  bill  pending  before  the 
Committee  on  Public  Buildings  and  Grounds,  on  which  a 
favorable  report  has  been  prepared,  and  we  only  wait  a 
meeting  of  the  committee  to  order  it  to  be  reported. 

Mr.  CLYMER.  I  am  delighted  to  have  that  information. 
But  it  can  do  the  committee  no  harm  to  have  the  memorial 
referred  to  it. 

The  SPEAKER.  The  gentleman  from  Pennsylvania  asks 
unanimous  consent  to  present  a  memorial  of  the  Regents 
of  the  Smithsonian  Institution,  and  to  have  the  same  referred 
to  the  Committee  on  Public  Buildings  and  Grounds,  not  to 
be  brought  back  on  a  motion  to  reconsider.  Is  there  ob- 
jection ? 

Mr.  CLYMER.  I  also  ask  that  the  list  attached  to  the 
memorial  be  printed  in  the  Record. 

Mr.  TOWNSEND,  of  Pennsylvania.  I  ask  that  the  memo- 
rial itself  be  printed  in  the  Record. 

Mr.  CLYMER.     With  the  accompanying  list. 


756  CONGRESSIONAL   PROCEEDINGS. 

There  was  no  objection  ;  and  the  memorial  was  referred! 
to  the  Committee  on  Public  Buildings  and  Grounds,  and 
ordered,  with  the  accompanying  list,  to  be  printed  in  the 
Record. 

February  16,  1877. — Annual  report  of  the  institution  for 
1876,  presented.  Mr.  McCrary  offered  a  resolution  to  print 
10,500  extra  copies. 

February  28,  1877. — Mr.  SINGLETON,  from  the  Committee 
on  Printing,  reported  the  following  resolution  ;  which  was 
passed : 

Resolved,  That  10,500  copies  of  the  Report  of  the  Smithsonian  Institu- 
tion, for  the  year  1876,  be  printed.  1,000  copies  of  which  shall  be  for  the 
use  of  the  Senate,  3,000  copies  of  which  shall  be  for  the  use  of  the  House  of 
Representatives,  and  6,500  for  the  use  of  the  Smithsonian  Institution  :  Pro- 
vided, That  the  aggregate  number  of  pages  shall  not  exceed  500,  and  that 
there  be  no  illustrations  except  those  furnished  by  the  Smithsonian  Jn.-titu- 
tion. 

March  3,  1877. — Mr.  CLYMER.  1  ask  unanimous  consent 
that  the  bill  (S.  No.  1252)  for  the  erection  of  a  fire-proof 
building  for  a  National  Museum  be  taken  from  the  Speak- 
er's table  and  passed. 

The  clerk  read  the  bill,  as  follows: 

Be  it  enacted,  <J-c.,  That  for  a  fire-proof  building  for  the  use  of  the  Na- 
tional Museum,  three  hundred  feet  square,  to  bo  erected  under  the  direction 
and  supervision  of  the  Regents  of  the  Smithsonian  Institution,  in  accord- 
ance with  the  plan  of  Major  General  M.  C.  Meigs,  now  on  tile  with  the- 
Joint  Committee  on  Public  Buildings  and  Grounds,  on  the  southwest  oor- 
ner  of  the  grounds  of  the  Smithsonian  Institution,  the  sum  of  $250,000  is 
hereby  appropriated  out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated; said  building  to  be  placed  west  of  the  Smithsonian  Institution, 
leaving  a  road-way  between  it  and  the  latter  of  not  less  than  thirty  fcetr 
with  its  north  front  on  a  line  parallel  with  the  north  face  of  the  buildings 
of  the  Agricultural  Department  and  of  the  Smithsonian  Institution;  and 
all  expenditures  for  the  purposes  herein  mentioned,  not  including  anything 
for  architectural  plans,  shall  be  audited  by  the  proper  officers  of  the 
Treasury  Department. 

Mr.  THROCKMORTON.     I  object. 

Mr.  CLYMER.  I  move  that  the  rules  be  suspended  and 
the  bill  passed,  and  I  ask  unanimous  consent  to  make  a 
brief  statement  in  regard  to  it. 

Mr.  MILLS.     I  object. 

The  question  was  taken  on  the  motion  to  suspend  the 
rules  and  pass  the  bill ;  and  on  a  division  there  were — ayes 
71,  noes  41 ;  not  two-thirds  voting  in  the  affirmative. 

Mr.  CLYMER.     I  call  for  tellers. 

Tellers  were  ordered  ;  and  Mr.  Clyrner  and  Mr.  Throck- 
morton  were  appointed. 

The  House  divided ;  and  the  tellers  reported— ayes  106, 
noes  42. 


FORTY-FOURTH   CONGRESS,    1857-77.  757 

Mr.  VANCE,  of  Ohio.     I  call  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  there  were — yeas  99,  nays 
"72,  not  voting  119;  as  follows  : 

YEAS — Messrs.  Abbott,  Adams,  John  H.  Bagley,  Jr.,  Ballou,  Banks, 
Belford,  Bell,  Blair,  Bliss,  Bradley,  William  R.  Brown,  Horatio  C.  Burch- 
ard,  Cannon,  Caswell,  Caulfield,  John  B.  Clark,  Jr.,  of  Missouri,  Clymer, 
Conger,  Crapo,  Crounse,  Cutler,  Danford,  Davy,  Denison,  Eames,  Evans, 
Flye,  Foster,  Freeman,  Frye,  Garfield,  Hale,  Hancock,  Haralson,  Harden- 
""bergh,  Benjamin  W.  Harris,  Hathorn,  Haymond,  Hendee,  Henderson, 
.Abram  S.  Hewitt,  Hill,  Hoge,  Hopkins,  Hubbell,  Hurlburt,  Hyman,  Joyce, 
Kasson,  Kelly,  Kimball,  Lamar,  Lynch,  Mackey,  Magoon,  MacDougall, 
McCrary,  Miller,  Money,  Monroe,  Morgan,  Nash,  O'Brien,  O'Neill,  Page, 
"William  A.  Phillips,  Platt,  Pratt,  Purman,  Rainey,  John  Reilly,  James  B. 
Heilly,  William  M.  Robbins,  Robinson,  Rusk,  Sampson,  Seelye,  Sinnick- 
son,  Smalls,  A.  Herr  Smith,  Stone,  Stowell,  Strait,  Tarbox,  Terry,  Martin 
I.  Townsend,  Washington  Townsend,  Waddell,  John  W.  Wallace,  Watter- 
son,  Gr.  Wiley  Wells,  White,  Whitehouse,  Andrew  Williams,  Alpheus  S. 
Williams,  Charles  G.  Williams,  James  Williams,  William  B.  Williams, 
James  Wilson,  Alan  Wood,  Jr.,  Woodburn,  Woodward,  Yeates,  and 
Young— 99. 

NAYS. — Messrs.  Ainsworth,  Beebe,  Bland,  Blount,  Boone,  Buckner, 
John  H.  Caldwell,  William  P.  Caldwell,  Campbell,  John  B.  Clarke,  of 
Kentucky,  Cochrane,  Collins,  Culberson,  Davis,  Durham,  Ellis,  Felton, 
Finley,  Forney,  Fort,  Franklin,  Glover,  Goode,  Goodin,  Gunter,  Andrew 
.H.  Hamilton,  John  T.  Harris,  Harrison,  Hartzell,  Hatcher,  Hays,  Hooker, 
House,  Humphreys,  Jenks,  Thomas  L.  Jones,  Knott,  Franklin  Landers, 
George  M.  Land'ers,  Lawrence,  Le  Moyne,  Levy,  Lynde,  Meade,  Mills, 
Morrison,  Mutchler,  Neal,  New,  Payne,  John  F.  Philips,  Poppleton,  Rea, 
Reagan,  Rice,  Riddle,  Miles  Ross,  Scales,  Singleton,  Siemens,  Southard, 
-Sparks,  Springer,  Stenger,  Stevenson,  Thomas,  Throckmorton,  Tucker, 
Turney,  John  L.  Vance,  Robert  B.  Yance,  Charles  C.  B.  Walker,  Walling, 
Warner,  Whitthorne,  Wike,  Jere  N.  Wiliams,  and  Benjamin  Wilson — 72. 

NOT  VOTING— Messrs.  Anderson,  Ashe,  Atkins,  Bagby,  George  A. 
Bagley,  John  H.  Baker,  William  II.  Baker,  Banning,  Bass,  Blackburn, 
Bradford,  Bright,  John  Young  Brown,  Samuel  D.  Burchard,  Burleigh, 
Buttz,  Cabell,  Carr,  Cason,  Cate,  Chapin,  Chittenden,  Cook,  Cowan,  Cox, 
Darrall,  De  Bolt,  Dibrell,  Dobbins,  Douglas,  Dunnell,  Durand,  Eden,  Eg- 
bert, Faulkner,  Field,  Fuller,  Gause,  Gibson,  Robert  Hamilton,  Henry  R. 
Harris,  Hartridge,  Henkle,  Goldsmith  W.  Hewitt,  Hoar,  Holman,  Hoskins, 
Hunter,  Hunton,  Kurd,  Frank  Jones,  Kehr,  King,  Lane,  Lapham,  Leaven- 
worth,  Lewis,  Lord,  Luttrell,  Maish,  McDill,  McFarland,  McMahon,  Met- 
«alfe,  Milliken,  Norton,  Odell,  Oliver,  Packer,  Phelps,  Pierce,  Piper, 
Plaisted,  Potter,  Powell,  John  Robbins,  Roberts,  Sobieski  Ross,  Savage, 
Sayler,  Schleicher,  Schumaker,  Sheakley,  William  E.  Smith,  Stanton, 
Stephens,  Swann,  Teese,  Thompson,  Thornburgh,  Tufts,  Van  Vorhes,  Wait, 
W^aldron,  Gilbert  C.  Walker,  Alexander  S.  Wallace,  Walsh,  Ward,  War- 
ren, Erastus  Wells,  Wheeler,  Whiting,  Wigginton,  Willard,  Willis,  Wil- 
fihire,  and  Fernando  Wood — 119. 

So  (two-thirds  not  voting  in  favor  thereof)  the  rules  were 
aiot  suspended. 


DIGEST  OF  THE  ACT  OF  CONGRESS  ESTABLISH- 
ING THE  SMITHSONIAN  INSTITUTION. 

Approved  August  10,  1846. 
By  PROFESSOR  JOSEPH  HENRY. 

I.    THE  ESTABLISHMENT  ou  SMITHSONIAN  INSTITUTION  PROPER. 

1.  The  following  persons  shall  constitute  an  establishment : 

2.  Known  by  the  name  of  the  Smithsonian  Institution. 

3.  For  the  increase  and  diffusion  of  knowledge  among  men,  viz  : 

4.  The  President  of  the  U.  S.  Secretary  <>f  tin-  Navy, 
Vice  President.  Postmaster  General, 
Secretary  of  State,                          Chief  Justice, 
Secretary  of  the  Treasury,             Commissioner  of  Patents, 

Mayor  of  Washington. 
6.  And  such  other  persons  as  may  be  elected  by  them  honorary  members. 

II.     MEETINGS  OF  THE  ESTABLISHMENT. 

1.  The  members  and  honorary  members  of  said  Institution  may  h»ld 

stated  and  special  meetings. 

2.  At  these  meetings  the  President,  and  in  his  absence,  the  Vice  Presi- 

dent of  the  United  States,  shall  preside.—  Sec.  Sth. 

3.  The  Secretary  of  the  Board  of  Regents  is  also  Secretary  of  the  Insti- 

tution.— Sec.  3d. 

4.  Meetings  to  be  called  in  manner  provided  for  in  by-laws  of  said  In^ti- 

tution. — Sec.  Sth. 

III.     OBJECTS  OF  THE  MEETINGS  OF  THE  INSTITUTION 

1.  Supervision  of  the  affairs  of  the  Institution. 

2.  Advice  and  instruction  of  Board  of  Regents. 

3.  Election  of  honorary  members. 

4.  Enactment  of  by-laws  for  government  of  said  Institution. — Sec.  Sth. 

IV.     FUNDS  OF  THE  INSTITUTION. 

1.  The  property  of  James  Smithson  received  into  the  Treasury  on  the  1st 

September,  1838,  is  declared  a  loan  to  the  United  States  at  six  per 
cent,  per  annum  from  the  above  date. — Sees.  Id  and  r>/7/. 

2.  The  interest  which  accrued  up  to  the  1st  of  July,  1840,  or  so  much 

thereof  as  the  Regents  may  deem  necessary,  together  with  the  sur- 
plus interest  of  any  year,  is  appropriated  to  the  civet  i<>n  of  u  build- 
ing, and  to  other  current  incidental  expenses. — Sri-*.  '2<l  and-if/i. 

3.  The  interest  on  original  fund  perpetually  applied  to  maintenance  of 

the  Institution. — Sec.  2d. 

4.  Principal  not  to  be  touched.     Accruing  and  accrued  interest  to  be  ex- 

pended for  objects  of  Institution. — Sees.  2d  and  9M. 

5.  Interest  payable  half-yearly,  on  1st  January  and  1st  July,  in  each 

year. — Sec.  2d. 

6.  Amount  of  Smithson 's  property  received  into  the  Treas- 

ury on  September  1st,  1838, $515,169  00 

7.  Interest  on  the  same  to  July  1st,  1840,  .         .         .          242,129  00 

8.  Half-yearly  interest.—  Sec.  2d 15,455  07 

758 


DIGEST    OF    THE   ACT    OF    CONGRESS. 

V.     BOARD  OF  REGENTS. 

1.  Business  of  the  Institution  to  be  conducted  by  Board,  to  be  called  Re- 

gents  of  the  Smithsonian  Institution,  and  to  be  composed  of: 

2.  The  Vice  President  of  U.  S.,  Chief  Justice,  and  Mayor  of  Washington — 

in  virtue  of  their  office. 

3.  Three  members  of  Senate — appointed  by  President  of  Senate : 

4.  Three  members  of  the  House   of  Representatives — appointed  by   the 

Speaker  biennially,  on  4th  Wednesday  of  December : 

5.  Six  members,  other  than  members  of  Congress — appointed  by  joint  reso- 

lution. 

6.  Two  of  the  above  to  be  resident  in  Washington,  and  members  of  the 

National  Institute. 

7.  The  other  four  from  the  States,  and  no  two  from  the  same  State. — 

Sec.  3d. 

VI.     REGENTS'  TERM  OF  OFFICE. 

1.  The  Vice  President,  Chief  Justice,  and  Mayor  of  Washington — during 

their  continuance  in  office. 

2.  Members  of  House  of  Representatives — until  4th  Wednesday  of  Decem- 

ber, 184*7,  and  to 'be  selected  biennially  thereafter  on  said  day. 

3.  Senators — during  the  time  they  shall  hold,  without  re-election,  their 

office. 

4.  Other  six  members — two  for  two  years,  two  for  four  years,  two  for  six 

years,  to  be  determined  by  lot — after  first  term,  those  selected  shall 
be  for  six  years,  and  by  joint  resolution. — Sec.  3d. 

VII.  VACANCIES  IN  BOARD  OF  REGENTS. 

1.  Vacancies  among  Senators  and  Members  filled  by  motion  in  either 

House,  as  in  the  case  of  vacancies  in  committees  of  either  House. 

2.  The  vacancy  in  the  other  six  by  joint  resolution. — Sec.  3d. 

VIII.  MEETINGS  OF  BOARD  OF  REGENTS. 

1.  First  meeting  at  Washington,  1st  Monday  in  September,  1846. 

2.  Subsequent  meetings  to  be  regulated  by  Regents. 

3.  On  application  of  Ihree  Regents  it  shall  be  the  duty  of  the  Secretary 

to  call  special  meetings ;  notices  of  the  same  to  be  given  by  letter. 

4.  Five  members  shall  form  a  quorum. — Sec.  3d. 

IX.     COMPENSATION  TO  BOARD  OF  REGENTS. 

1.  Each  member  shall  be  paid  his  necessary  travelling  and  other  actual 

expenses  in  attending  meetings  of  the  Board. 

2.  His  services  as  Regent  shall  be  gratuitous. 

3.  Expenses  to  be  audited  by  Executive  Committee. 

4.  And  recorded  by  Secretary. — Sec.  3d. 

X.     DUTY  OF  REGENTS. 

1.  They  shall  conduct  the  business  of  the  Institution. — Sec.  3d. 

2.  May  be  subject  to  the  supervision,  advice,  and  instruction  of  the  es- 

tablishment.    Sec.  8th. 

3.  Shall  hold  their  meetings  in  the  City  of  Washington. 

4.  Shall  elect  one  of  their  number  as  Chancellor,  who  shall  be  presiding 

officer  of  Board,  and  known  by  the  name   of  Chancellor   of  the 
Smithsonian  Institution. 

5.  Shall  also  elect  a  suitable  person  as  Secretary  of  said  Institution,  who 

shall  also  be  Secretary  of  the  Board. — Sec.  3d. 

6.  Shall  elect  three  of  their  own  body  as  Executive  Committee. — Sec.  3d. 

7.  Shall  approve  of  the  officers  appointed  by  Secretary. 

8.  Shall  fix  salary  of  officers. 


760  DIGEST    OF    THE    ACT    OF    CONGRESS 

9.  Shall  select  site  for  building,  and  sign  records  of  the  same. 
40.  Shall  cause  to  be  erected  a  suitable  building. 

11.  Authorized,  by  themselves,  or  by  a  committee  of  their  members,  to 

contract  for  such  building. 

12.  Shall  deposit  duplicates  of  such  contracts  with  Treasurer   of  United 

States. 

13.  Authorized  to  employ  superintendent  of  erection  of  building. 

14.  The  Regents,  or  Executive  Committee,  shall  certify  to  Chancellor  and 

Secretary,  sums  of  money  required  for  operations. 

15.  Shall  make  an  appropriation  for  a  Library,  not  to  exceed  $25,000  an- 

nually. 

16.  They  shall  submit  report  to  Congress. 

XI.  DUTY,  &c.,  OF  CHANCELLOR. 

1.  Shall  be  the  presiding  offic9r  of  the  Board. 

'2.  By  the  name  of  Chancellor  of  the  Smithsonian  Institution. 

3.  He  shall,  with  the  Secretary,  examine  and  certify  all  requisitions  for 

money,  of  Executive  Committee,  for  payment  at  the  Treasury. — 
Sec.  3rf. 

4.  He  shall  certify  all  copies  of  metes  and  bounds  of  site. — Sec.  4th. 

XII.  DUTY,  &c.,  OF  SECRETARY. 

1.  He  is  Secretary  of  the  Institution,  also  of  the  Board  of  Regents. 

2.  On  application  of  any  three  of  the  Regents,  it  shall  be  his  duty  to  ap- 

point a  special  meeting  of  the  Board  of  Regents,  by  giving  written 
notice  to  each. 

3.  He  shall,  with  the  Chancellor,  examine  all  requisitions  for  money  pre- 

sented to  him  by  tin-  Kxocutivo  Committee,  and  if  he  approve 
thereof,  shall  certify  tin-  >ame  to  the  Treasurer  of  the  U.  S.  for  pay- 
ment.— Sec.  3d. 

4.  These  requisitions  may  be  for:  ( 1 )  payment  of  debts ;  (2)  performance 

of  contracts  ;  (8)  or  making  purchases;  (4)  and  executing  the  objects 
authorized  by  thi-  art:  (5J  l'«»r  all  claims  on  contracts  made  by 
Building  Committee. — Sees.  3d  and  5//t. 

5.  He  will  record  the  si-lection  of  .site,  and  make  copies  thereof  when  re- 

quired.— Sec.  4M. 

C.  He  will  file  duplicates  of  contracts  for  building,  &c.,  with  the  U.  S. 
Treasurer. — Sec.  5M. 

7.  He  shall  take  charge  of  the-  building  and  property  of  said  Institution. 

8.  He  shall,  under  direction  of  IJoanl  «.t'  Regents,  make  a  lair  and  accu- 

rate record  of  all  their  pr<>.-.-,-«li n->. 

9.  He  shall  discharge  the  duty  of  Librarian. 

10.  Also,  of  keeper  of  the  museum. 

11.  He  may,  by  consent  of  the  Regents,  employ  <is*ixtants. — Sec.  1th. 

XIII.    DUTY  OF  EXECUTIVE   COMMITTEE. 

1.  To  execute  acts  of  Board  generally. 

2.  To  examine  and  certify  appropriations  necessary  to  operations  of  In- 

stitution.— Sees.  ?>d  and  »///. 

XIV.     PAY  OF  OFFICERS,  AND  TENURE  OF  OFFICE. 

1.  Said  officers  shall  receive  for  their  services  such  sums  as  may  be  al- 

lowed by  the  Board  of  Regents. 

2.  To  be  paid  scmi-anmuilly — on  the  1st  of  January  and  1st  of  July. 

3.  Removable  by  the  Board  of  Regents. — Sec.  1th.  " 

XV.     DISBURSEMENTS. 
1.  All  moneys  required  for  payment  of  debts,  or  performance  of  con- 


ESTABLISHING   THE   SMITHSONIAN    INSTITUTION.  761 

tracts,  shall  be  certified  by  the  Board  of  Regents,  or  Executive 
Committee  thereof,  to  the  Chancellor  and  Secretary. 

2.  They  shall  examine  the  same. 

5.  And,  if  they  shall  approve  thereof,  shall  certify  the  same  to  the  proper 
officer  of  the  U.  S.  Treasury  for  payment. — Sec.  3d. 

XVI.    REPORTS  TO  CONGRESS. 

'The  Board  of  Regents  shall  annually  report  to  Congress  an  account  of 
the  operations,  expenditures,  and  condition  of  the  Institution. — Sec. 
3d. 

XVII.     SELECTION  or  SITE  FOR  INSTITUTION. 

1.  After  Board  of  Regents  shall  have  met,  and  become  organized,  it  shall 

be  their  duty  forthwith  to  proceed  to  select  a  suitable  site,  &c. 

2.  May  be  taken  out  of  the  ground  between  Patent  Office  and  7th  street: 

Provided,  President,  the  several  Secretaries,  and  Commissioner  of 
the  Patent  Office,  shall  consent  to  the  same. 

3.  If  not,  then  such  location  may  be  made  on  other  of  the  public  grounds 

in  the  City  of  Washington,  belonging  to  U.  S.,  which  said  Regents 
may  select,  by  and  with  the  consent  of  the  persons  above  named. — 
Sees.  4th  and  5th. 

XVIII.  EVIDENCE  or  SELECTION. 

1.  Grounds  so  selected  shall  be  set  out  by  metes  and  bounds. 

2.  Description  recorded  in  a  book  provided  for  the  purpose. 

3.  Signed  by  said  Regents,  or  so  many  of  them  as  may  be  convened  at 

the  time  of  organization. 

4.  Certified  copy  thereof  to  be   evidence  of  boundaries,  &c. ;   and  said 

lands  are  appropriated  by  said  act. — Sec.  &th. 

XIX.  BUILDINGS  TO  BE  ERECTED. 

1.  After  selection  of  site,  Board  of  Regents  shall  cause  to  be  erected  a 

suitable  building. 

2.  .Of  plain  and  durable  materials,  and  structure. 

3.  Without  unnecessary  ornament. 

4.  Of  sufficient  size. 

5.  With   suitable  rooms,  or  halls,  for  the  reception  and  arrangement, 

upon  a  liberal  scale:  (1)  Of  objects  of  Natural  History.  (2.)  A 
geological  and  mineralogical  cabinet.  (3.)  A  chemical  laboratory. 
(4.)  A  library.  (5.)  A  gallery  of  art.  (6.)  And  the  necessary  lec- 
ture rooms. — Sec.  5th. 

6.  May  be  made  to  form  wing  of  Patent  Office. 

XX.     CONTRACTS  AND  CLAIMS  FOR  BUILDING. 

1.  Said  Board  shall  have  authority,  by  themselves,  or  by  a  committee  of 

three  of  their  members,  to  contract  for  the  completion  of  such  build- 
ing upon  plan  adopted  by  Regents. 

2.  Shall  take  sufficient  security  for  building  and  finishing  same,  accord- 

ing to  plan,  and  in  the  time  stipulated. 

3.  Duplicates  of  contracts  to  be  filed  with  Treasurer  of  United  States. 

4.  All  claims  under  contracts  shall  be  certified  by  Board  of  Regents,  or 

the  Executive  Committee,  and  signed  by  Chancellor  and  Secretary, 
and  paid  at  the  Treasury  of  United  States. — Sec.  5th. 

XXI.     COST  or  BUILDING. 

1.  The  sum  was  left  blank  in  the  act. — Sec.  5th. 

'2.  The  interest  which  had  accrued  previous  to  1st  September,  1846, 
minus  the  current  expenses,  and  the  surplus  interest  of  any  subse- 
quent year,  may  be  appropriated  to  this  purpose. — Sees.  2d  and  5th. 


762  DIGEST   OF   THE   ACT    OF   CONGRESS. 

XXII.  SUPERINTENDENCE  OF  CONSTRUCTION. 

1.  Board  of  Regents  shall  employ  such  persons  as  they  may  deem  neces- 

sary to  superintend  the  erection  of  the  buildings. 

2.  And  fitting  up  the  rooms  of  the  Institution. — Sec.  bth. 

XXIII.  PROTECTION  OF  PROPERTY  BY  LAW. 

All  laws  for  the  protection  of  public  property  in  "Washington,  shall  apply 
to,  and  be  in  force  for,  the  protection  of  the  lands,  buildings,  and 
other  property  of  said  Institution. — Sec.  bth. 

XXIV.    PROPERTY  OF  JAMES  SMITHSON — How  KEPT. 

1.  The  minerals,  books,  manuscripts,  and  other  property  of  Smithson, 

shall  be  removed  to  said  Institution. 

2.  And  kept  separate  and  apart  from  the  other  property  of  the  Institu- 

tion.— Sec.  6th. 

XXV.     COLLECTIONS,  OBJECTS  OF  ART,  SPECIMENS,  &c. — How  CLASSED, 

PRESERVED. 

1.  In  proportion  as  suitable  arrangements  can  be  made  for  their  recep- 

tion, all  objects  of  art,  and  of  foreign  and  curious  research,  and  of 
natural  history,  plants,  geological  and  mineralogical  specimens,  be- 
longing to,  or  hereafter  to  belong  to,  United  States,  which  may  be 
in  the  city  of  Washington,  in  whosesoever  custody  the  same  may  be, 
shall  be  delivered  to  such  persons  as  may  be  authorized  by  the  Board 
of  Regents  to  receive  them. 

2.  They  shall  be  arranged  in  such  order,  and  so  classed,  as  best  to  facili- 

tate examination  and  study  thereof,  in  the  building  aforesaid. 

3.  Regents  may  make  exchanges  of  duplicate  -j.«-< -linens. 

4.  And  cause  new  specimens  received  also  to  be  classed  and  arranged. — 

Sec.  6th. 

XXVI.     PROVISION  FOR  OBJECTS  NOT  MENTIONED  IN  THE  ACT. 

Managers  of  the  Institution  are  authorized  to  make  such  disposal  for  the 
promotion  of  the  purposes  of  the  testator,  of  all  interest  which  has 
accrued,  or  shall  hereafter  accrue,  not  otherwise  appropriated  for 
carrying  out  the  object  of  this  act,  as  they  may  deem  best. — Sec.  9. 

XXVII.     COPY  RIGHTS  TO  BE  DEPOSITED. 

1.  One  copy  of  all  books,  maps,  charts,  musical  compositions,  prints,  or 

engravings,  shall  be  delivered  to  the  Librarian  of  said  Institution 
within  three  months  from  publication. 

2.  Another  copy  to  Library  of  Congress. — Sec.  10/A. 

XXVIII.    ALTERATIONS  OR  REPEAL  OF  THIS  ACT. 

1.  Congress  retains  the  right  of  altering,  amending,  adding  to,  or  repeal- 

ing, any  provisions  of  this  act. 

2.  Provided  no  contract  or  individual  right  made  or  acquired  under  such- 

provisions  shall  be  thereby  divested  or  impaired. — Sec.  llth. 


EXTRACTS  FROM  THE  MEMOIRS  OF  JOHN 
QUINCY  ADAMS. 


EDITED  BY  CHARLES  FRANCIS  ADAMS.* 

JANUARY  9,  1836. 

At  ten  o'clock,  or  as  soon  after  as  I  could  get  out  of  my 
louse  and  reach  the  Capitol,  I  met  the  Committee  on  the- 
Resident's  message  relating  to  the  Smithsonian  bequest. 
Mie  members  present  were  Garland,  of  Virginia,  McKen- 
lan  of  Pennsylvania,  Pearce,  of  Rhode  Island,  Thomas,  of 
Maryland,  and  Chapin,  of  New  York.  The  absent  mem- 
>ers  were  Garland,  of  Louisiana,  Hannegan,  of  Indiana, 
nd  Speight,  of  North  Carolina,  who  is  still  confined  by 
llness.  The  members  now  present  had  got  over  their 
cruples  with  regard  to  the  acceptance  of  the  bequest,  and 
lirected  me  to  prepare  a  report  and  a  bill  to  that  effect.  A 
:ommittee  of  the  Senate,  the  chairman  of  which  was  Ben- 
amin  Watkins  Leigh,  of  Virginia,  have  already  reported 
o  that  effect,  and  presented  a  joint  resolution  authorizing 
he  President  to  obtain  the  funds,  and  making  an  appro- 
bation of  five  thousand  dollars  to  defray  the  expenses 
?hich  may  thereby  be  occasioned.  Mr.  Leigh's  report  con- 
ains  a  short  and  satisfactory  argument  for  the  competency 
>f  Congress  to  accept  the  bequest,  and  showing  it  to  be 
heir  duty.  But,  as  money  cannot  constitutionally  be  ap- 
)ropriated  by  resolutions,  my  direction  from  the  committee 
s  to  prepare  a  bill,  and  to  make  the  appropriation  ten  thou- 
iand  instead  of  five  thousand  dollars. 

JANUARY  10,  1836. 

I  called  successively  upon  Mr.  Bankhead,  Charge  d'Af- 
aires  from  Great  Britain,  and  upon  Colonel  Aspinwall, 
vho  is  at  Fuller's,  to  inquire  if  either  of  them  could  give 
ne  any  further  information  respecting  Mr.  James  Smith- 
ion  ;  but  they  could  not.  I  was  desirous  of  obtaining  it 
or  the  purpose  of  introducing  into  the  report  of  the  com- 
nittee  upon  his  bequest  some  complimentary  notice  of  the 

*  Philadelphia,  J.  B.  Lippincott  <fe  Co.,  1876. 

763 


764  MEMOIRS    OF   JOHN    QUINCY  ADAMS. 

donor.  But  so  little  are  the  feelings  of  others  in  unison 
with  mine  on  this  occasion,  and  so  strange  is  this  donation 
of  half  a  million  of  dollars  for  the  noblest  of  purposes,  that 
no  one  thinks  of  attributing  it  to  a  benevolent  motive. 
Vail  intimates  in  his  letter  that  the  man  was  supposed  to 
be  insane.  Bankhead  thinks  he  must  have  had  republican 
propensities ;  which  is  probable.  Colonel  Aspinwall  con- 
jectures that  Mr.  Smithson  was  an  antenuptial  son  of  the 
first  Duke  and  Duchess  of  Northumberland,  and  thus  an 
elder  brother  of  the  late  Duke,  but  how  he  came  to  have  a 
nephew  named  Hungerford,  son  of  a  brother  named  Dick- 
inson, and  why  he  made  this  contingent  bequest  to  the 
United  States  of  America,  no  one  can  tell.  The  report,  if 
it  hazards  any  reflection  upon  the  subject,  must  be  very 
guarded.  Mr.  Bankhead  thought  it  was  a  tine  windfall  for 
the  city  of  "Washington,  and  hoped  if  a  professor  of  divinity 
should  be  wanted  we  should  remember  his  friend  Ilawlcy. 
Mrs.  Bankhead  was  in  admiration  of  the  splendid  edifice 
that  might  be  erected  with  the  money. 

Colonel  Aspinwall  said  it  would  be  easy  to  obtain  the  in- 
formation which  I  desired  in  England,  but  that  he  had  made 
no  inquiries  at  the  time  when  lie  had  procured  and  for- 
warded to  the  Department  of  State  a  copy  of  the  will,  be- 
cause the  bequest  was  then  contingent,  and  it  was  very 
uncertain  whether  it  would  ever  take  effect.  The  will  was 
made  in  1826 — the  year  before  which,  the  testator's  nephew, 
the  present  Duke  of  Northumberland,  had  been  upon  a 
magnificent  Embassy  Extraordinary  at  the  coronation  of 
Charles  the  Tenth  of  France.  There  seems  to  have  been  a 
determination  in  the  mind  of  the  testator  that  his  estate 
should  in  no  event  go  to  the  Duke  of  Northumberland  or 
to  any  of  his  family.  But  certainly  in  the  bequest  itself 
there  is  a  high  and  honorable  sentiment  of  philanthropy, 
and  a  glorious  testimonial  of  confidence  in  the  institutions 
of  this  Union.  A  stranger  to  this  country,  knowing  it  only 
by  its  history,  bearing  in  his  person  the  blood  of  the  Percys 
and  the  Seymours,  brother  to  a  nobleman  of  the  highest 
rank  in  British  heraldry,  who  fought  against  the  revolution 
of  our  independence  at  Bunker's  Hill— that  he  should  be 
the  man  to  found,  at  the  city  of  Washington,  for  the  United 
States  of  America,  an  establishment  for  the  increase  and 
diffusion  of  knowledge  among  men,  is  an  event  in  which  I 
see  the  finger  of  Providence,  compassing  great  results  by 
incomprehensible  means.  May  the  Congress  of  the  Union 
be  deeply  impressed  with  the  solemn  duties  devolving  upon 
them  by  this  trust,  and  carry  it  into  effect  in  the  fullness  of 


MEMOIRS    OF   JOHN    QUINCY    ADAMS.  765- 

its  spirit,  and  to  the  increase  and  diffusion  of  knowledge 
among  men  ! 

JANUARY  12,  1836. 

1  made  this  morning  a  draft  of  a  bill  to  enable  the  Presi- 
dent of  the  United  States  to  obtain  and  cause  to  be  remitted 
to  the  United  States  the  funds  bequeathed  to  them  by  James 
Smithson  for  the  establishment  at  Washington  of  an  insti- 
tution for  the  increase  and  diffusion  of  knowledge  among 
men.  The  committee  of  the  Senate  have  reported  for  the 
^ame  purpose  a  joint  resolution  containing  an  appropriation. 
I  took  it  as  the  basis  of  my  draft,  but  added  a  section  pro- 
viding that  the  agent  to  be  appointed  should  give  bonds  to 
the  Treasurer  of  the  United  States  for  the  faithful  perfor- 
mance of  his  trust  and  the  remittance  of  all  the  moneys 
and  other  funds  that  he  may  receive  in  fulfillment  of  the 
bequest.  This  labor  occupied  my  time,  so  that  I  had  none 
left  to  journalize. 

JANUARY  15,  1836. 

I  carried  round  my  report  on  the  message  relating  to  the 
Smithsonian  bequest  to  all  the  members  of  the  committee 
excepting  Speight,  who  is  yet  confined  by  illness ;  it  was 
unanimously  approved,  though  Hannegan  said  he  was  op- 
posed to  accepting  the  bequest,  and  Garland,  of  Louisiana, 
thought  the  Charge  d'Affaires  or  Consul  at  London  should 
be  authorized  to  procure  and  remit  the  funds,  instead  of  a 
special  agent.  The  other  members  of  the  committee  ap- 
proved the  bill  as  well  as  the  report. 

JANUARY  16,  1836. 

I  brought  back  my  report  on  the  Smithson  bequest  mes- 
sage, to  revise  and  correct  the  manuscript,  feeling  no  small 
degree  of  anxiety  concerning  it.  The  occasion  is  very  ex- 
traordinary, as  an  incident  in  the  course  of  legislation. 
The  reference  of  the  message  to  a  select  committee  waa 
made  not  without  some  murmurings  from  members  of  the 
Committee  on  the  District  of  Columbia.  The  report  of 
the  committee  of  the  Senate  has  been  very  favorably  re- 
ceived, and  pronounced  a  very  able  one,  but  it  does  not 
touch  upon  any  one  of  the  views  which  occupy  nearly  the 
whole  of  mine.  The  condition  of  the  testator,  the  nature 
of  the  trust,  the  character  of  the  trustees,  and  the  practical 
effect  of  our  political  institutions  upon  the  moral  feeling  of 
Europe,  illustrated  by  this  incident,  are  not  even  glanced  at 
in  the  Senatorial  report,  written  by  Benjamin  Watkins 
Leigh.  Mine  embraces  them  all.  The  unanimous  accept- 


766  MEMOIRS    OF   JOHN    QUINCY    ADAMS. 

ance  of  my  report  by  all  the  members  of  the  committee 
who  attended  the  committee  meetings  gives  me  some  en- 
couragement;  but,  slandered  as  I  now  am  by  hireling 
snakes  of  all  parties,  and  in  almost  every  newspaper,  I  am 
sure  to  be  reviled  for  everything  that  I  do  or  say,  and  can 
foresee  nothing  but  censure.  Whether  this  bequest  will 
ever  come  to  anything  is  much  doubted  by  almost  every 
one.  A  spurious  bastard  claimant  of  the  estate  is  antici- 
pated, and  seems  to  be  threatened,  from  Mr.  Daniel  Brent'? 
communications  about  the  family  of  La  Batut.  The  dela\> 
and  iniquities  of  the  English  court  of  chancery  are  foreseen 
and  foretold;  and  questions  are  made  in  the  public  journals 
whether  the  whole  affair  is  not  an  imposture.  All  this  may 
be ;  but  through  all  this  1  look  at  the  whole  romance  as 
officially  presented  to  us,  and,  presuming  all  to  be  true, 
prepared  my  report  accordingly.  A  heavy  responsibility  ; 
but  so  be  it. 


APRIL  19,  1836. 

When  the  reports  from  select  committees  were  called,  I 
presented  the  report  and  bill  from  the  Committee  on  the 
Smithson  bequest  message,  and  moved  that  the  bill  and  re- 
port should  be  printed,  and  the  bill  twice  read  by  its  title, 
and  referred  to  the  Committee  of  the  Whole  on  the  state 
of  the  Union  ;  which  was  done.  Mr.  Chapin  mm -ed  that 
five  thousand  extra  copies  of  the  report  should  be  printed 
for  the  use  of  the  House.  This  resolution,  by  the  rules  of 
the  House,  was  to  lie  over  one  day.  Chapin  asked  for  its 
consideration  by  unanimous  consent  now.  Objection  was 
made.  Chapin  asked  the  suspension  of  the  rules,  but  the 
vote  was  not  quite  of  two-thirds  to  sustain  him. 

OCTOBER  14,  18:;7. 

Mr.  Cambreleng  moved  to  lay  the  bill  aside  and  take 
up  the  Appropriation  bill ;  which  was  done.  Wise  moved 
to  strike  out  an  item  of  ten  thousand  dollars  for  the  ex- 
penses of  Richard  Rush's  agency  in  obtaining  payment  of 
the  Smithsonian  bequest.  Cambreleng  and  Joseph  R.  In- 
gersoll,  who  was  of  his  Committee  of  Ways  and  Means  at 
the  last  session  of  Congress,  had  attempted  to  palm  upon 
me  the  responsibility  of  proposing  this  appropriation,  which 
I  had  flatly  refused.  Cambreleng  was  now  obliged  to  pro- 
pose it  himself.  Wise's  motion  did  not  succeed,  but  he 
afterwards  moved  in  the  FTouse  to  reduce  the  appropriation 
to  five  thousand  dollars,  and  succeeded.  Cambreleng,  as 
usual,  had  nothing  to  say  in  defense  of  the  appropriation 


MEMOIRS    OF   JOHN    QUINCY   ADAMS.  767 

but  that  Wise  and  I  had  voted  for  the  bill  establishing  the 
igency. 

JUNE  22,  1838. 

Dr.  Chapin,  President  of  the  Columbian  College  in  the 
District  of  Columbia,  with  Dr.  Sherwood,  one  of  the  pro- 
^essors  of  that  institution,  called  on  me  this  morning  to 
jpeak  about  the  Smithsonian  bequest.  Mr.  Rush  has  recov- 
ered the  money — half  a  million  of  dollars — and  is  expected 
tfith  it  here  in  the  course  of  the  next  month.  Dr.  Chapin 
^presented  that  if  this  money  should  be  applied  to  the 
bundation  of  a  college  or  university,  it  must  necessarily 
iffect  the  total  destruction  of  his  college. 

I  told  him  that  after  the  passage  of  the  act  of  Congress 
br  procuring  the  money,  I  had  not  permitted  myself  to  think 
ipon  the  subject  till  the  money  should  be  in  the  Treasury; 
;hat  I  hoped,  however,  no  disposal  of  the  fund  would  be 
nade  which  would  in  any  manner  injure  the  Columbian 
College;  that  I  did  not  think  the  Smithsonian  Institution 
should  be  a  college,  or  a  university,  or  a  school  of  educa- 
ion  for  children,  but  altogether  of  a  different  character; 
hat,  as  the  money  would  come  into  the  hands  of  the  exec- 
itive,  I  hoped  the  President  would  in  his  next  annual 
nessage  propose  some  plan  for  the  adoption  of  Congress  for 
he  disposal  of  the  fund;  and  I  advised  Dr.  Chapin  to  see 
he  President  and  converse  with  him  on  the  subject — which 
le  said  he  would, 

JUNE  24,  1838. 

Attended  at  St.  John's  Church.  I  spoke  to  President 
Buren,  and  asked  half  an  hour's  conversation  with  him 
it  six  o'clock  this  evening ;  to  which  he  acceded.  I  went 
o  the  President's,  and,  putting  into  his  hand  the  letter  which 
"  have  received  in  duplicate  from  R.  Rush  of  15th  May,  re- 
quested him  to  read  it.  I  then  had  a  conversation  of  nearly 
wo  hours  with  him  upon  the  Smithsonian  bequest,  referring 
o  my  report,  and  entreating  him  to  have  a  plan  prepared 
o  recommend  to  Congress  for  the  foundation  of  the  Insti- 
ution  at  the  commencement  of  the  next  session  of  Congress. 
!  suggested  to  him  the  establishment  of  an  astronomical 
>bservatory,  with  a  salary  for  an  astronomer  and  assistant, 
br  nightly  observations  and  periodical  publication  ;  then 
innual  courses  of  lectures  upon  the  natural,  moral,  and 
)olitical  sciences;  and,  above  all,  no  jobbing — no  sinecures 
—no  monkish  stalls  for  lazy  idlers. 

Mr.  Van  Buren  received"  all  this  with  complacency  and 
ipparent  concurrence  of  opinion ;  said  he  would  look  into 


768  MEMOIRS   OF   JOHN   QUINCY   ADAMS. 

my  report;  wished  me  at  leisure  to  name  any  persons  who 
I  thought  might  be  usefully  consulted ;  appeared  very  favor- 
ably disposed  to  the  establishment  of  an  observatory,  and 
willing  to  do  right. 

I  urged  upon  him  the  deep  responsibility  of  the  nation  to-' 
the  world  and  to  all  posterity  worthily  to  fulfil  the  great 
object  of  the  testator.     I  only  lament  my  inability  to  com- ; 
municate  half  the  solicitude  with  which  my  heart  is  on  this 
subject  full,  and  the  sluggishness  with  which  I  shall  fail 
properly  to  pursue  it.     If  I  can  but  remember  to  write  upon 
it  to  L.  Cass,  and  T.  Aspinvvall,  and  to  converse  upon  it. 
with  Edward  Everett  and  the  Winthrops. 

NOVEMBER  29,  1838. 

I  paid  a  morning  visit  to  President  Martin  Van  Buren,, 
whom  I  found  alone  in  his  cabinet,  the  east  chamber  of  the 
presidential  house.    Half  an  hour's  conversation  with  him — •• 
chiefly  on  the  disposal  of  the  Smithsonian  bequest.     I  re- 
ferred to  my  conversation  with  him  before  my  departure^ 
hence  last  summer,  to  the  letter  I  received  afterwards  fronv 
the  Secretary  of  State,  Forsyth,  and  to  my  two  letters  to 
him  in  answer  to  it.     He  had  not  seen  my  letters,  but  had 
on  his  table  copies  of  them,  and  of  a  report  from  Mr.  Rush, 
and  of  a  letter  from  President  Way  land,  of  Brown  Univer- 
sity of  Providence  ;  all  which,  he  said,  had  been  sent  to  him 
this  morning  from  the  Department  of  State,  and  none  of 
which  he  had  yet  read.     With  regard  to  the  disposal  of  tho 
fund  he  would  leave  it  entirely  to  Congress  to  make  provi- 
sion for  it. 

I  recurred  to  some  of  the  remarks  in  my  letters  to  Mr. 
Forsyth  recommending  the  establishment  of  an  astronomi- 
cal observatory,  lie  said  he  had  found  this  idea  of  an 
observatory  favorably  received  by  all  to  whom  he  had  men- 
tioned it.  He  spoke  in  high  commendation  of  Mr.  Hush 
for  his  ability  in  obtaining  the  money  from  the  court  of 
chancery,  and  said  that  he  had  recommended  his  appoint- 
ment. 

Evening  visit  from  Mr.  Woodbury,  the  Secretary  of  the 
Treasury.  He  invited  me  to  dine  with  him  next  Saturday, 
with  the  President  and  some  of  the  foreign  Ministers.  I  ac- 
cepted the  invitation.  But  the  dining  of  the  President  with 
the  heads  of  Departments  and  foreign  Ministers  is  a  novelty 
introduced  by  Mr.  Van  Buren,  and  of  which  I  believe  there 
is  no  example  by  any  of  his  predecessors. 

Mr.  Woodbury  spoke  about  the  disposal  of  the  funds  of 
the  Smithsonian  bequest,  and  gratified  me  much  by  the 


MEMOIRS    OF   JOHN    QUINCY   ADAMS.  769 

statement  that  the  whole  fund  is  now  invested  at  an  interest 
of  six  per  cent,  a  year ;  that  the  principal  sum  received  is 
about  five  hundred  and  eight  thousand  dollars,  and  that  it  will 
yield  upwards  of  thirty  thousand  dollars  a  year.  He  said, 
further,  that  a  question  had  occurred  whether  the  expenses 
occasioned  hy  the  recovery  of  the  money  were  to  be  de- 
ducted from  the  fund  itself  or  to  be  paid  by  the  public ;  and 
the  Attorney  General  had  just  given  an  opinion  that  no  de- 
duction from  the  fund  should  be  made. 

I  told  Mr.  Woodbury  that  I  was  delighted  to  hear  this ; 
and  I  urged  most  earnestly  upon  him,  as  I  had  done  this 
morning  upon  the  President,  the  duty  of  this  Government, 
to  the  honor  of  the  nation  and  to  the  testator,  to  keep  this 
fund  entire  and  unimpaired,  and  to  devote  its  annual  pro- 
ceeds to  the  generous  and  glorious  object  to  which  it  was 
devoted  by  him — to  no  purpose  of  common  education,  to 
no  school,  college,  university,  or  seminary  of  learning,  but 
to  the  increase  and  diffusion  of  knowledge  among  men. 

Mr.  Woodbury  appeared  to  concur  in  these  views,  and  I 
have  a  faint  hope  that  the  fund  may  be  so  managed  as  to 
produce  some  useful  result. 

DECEMBER  8,  1838. 

Mr.  Poinsett  spoke  to  me  of  the  exploring  expedition, 
which,  he  rejoiced  to  say,  was  departed  upon  its  enterprise, 
and  he  hoped  we  should  ere  long  have  a  good  account  of  it. 
He  spoke  also  of  the  Smithsonian  bequest,  and  declared  him- 
self warmly  in  favor  of  appropriations  for  an  observatory 
upon  the  largest  and  most  liberal  foundation  from  it.  But 
he  gave  several  intimations  from  which  I  could  draw  no 
good  augury.  1.  He  s*aid  the  President  had  not  made  up 
his  mind  in  favor  of  an  observatory ;  whence  I  infer  that  he 
will  ostensibly  neither  favor  or  oppose  it,  but  that  he  will 
underhandedly  defeat  it,  taking  care  to  incur  no  personal 
responsibility  for  its  failure.  2.  He  insisted  that  a  salary  of 
eighteen  hundred  dollars  a  year  would  not  be  near  enough 
for  the  astronomer ;  whence  I  infer  that  jobbing  for  favorites 
is  to  be  the  destiny  of  the  Smithsonian  fund.  And,  3.  He 
said  that  among  the  scientific  men  whom  the  President  had 
consulted  for  the  disposal  of  the  fund  was  the  English  atheist 
South  Carolina  professor,  Thomas  Cooper,  a  man  whose  very 
breath  is  pestilential  to  every  good  purpose. 

DECEMBER  10,  1838. 

In  the  House,  two  messages  were  received  from  the  Pres- 
ident, with  a  large  mass  of   documents,  relating   to   the 
49 


770  MEMOIRS    OF   JOHN    QUIKCY   ADAMS.  . 

Smithsonian  bequest;  which  were,  at  my  motion,  all  ordered 
to  be  printed,  and  referred  to  a  select  committee  of  nine 
members. 

JANUARY  4,  1839. 

Met  at  half-past  ten  this  morning,  at  the  chamber  of  the 
Committee  of  Manufactures,  the  select  committee  on  the 
Smithsonian  bequest.  Present,  Adams,  F.  0.  J.  Smith,  of 
Maine,  Charles  Ogle,  of  Pennsylvania,  Charles  Shepard,  of 
North  Carolina,  John  P.  Kennedy,  of  Maryland,  and  .lames 
Garland  of  Virginia;  absent,  Orrin  Holt,  of  Connecticut, 
Waddy  Thompson,  of  South  Carolina,  and  William  II. 
Hunter,  of  Ohio.  I  had  yesterday  personally  notified  all 
the  members  to  attend  this  meeting,  except  Hunter,  who 
was  not  in  the  House.  Holt  told  me  that  he  was  engaged 
on  the  great  land  committee;  and  Thompson  promised  t<» 
come,  but  forgot  it.  The  references  to  the  committee  were 
the  two  messages  of  the  President  with  documents  10  and 
11  of  the  present  session  ;  a  memorial  from  Charles  Lewis 
Fleischmann,  a  Bavarian,  but  now  a  citizen  of  the  United 
States,  and  attached  to  the  Patent  Office,  who  purposes  the 
establishment  of  an  agricultural  institution  and  farm  school, 
at  the  cost  of  about  three  hundred  thousand  dollars:  a  me- 
morial of  Walter  R.  Johnson,  praying  for  the  establishment 
of  an  institution  for  prosecuting  experiments  in  certain  physi- 
cal sciences;  and  a  petition  from  Samuel  Martin,  of  Camp- 
bell's Station,  Tennessee,  who,  with  much  other  matter  prays 
that  the  Smithsonian  fund  may  be  applied  to  the  instruc- 
tion of  females.  I  submitted  also  to  the  committee  a  printed 
paper,  signed  "  Franklin,"  proposing  the  establishment  of 
professorships  and  various  courses  .of  lectures.  I  read  the 
two  messages  of  the  President  and  the  circular  of  18th  July, 
1838,  from  John  Forsyth,  Secretary  of  State,  asking  for 
opinions  concerning  the  disposal  of  the  fund,  and  stated  the 
substance  of  my  two  letters  in  answer  to  Mr.  Forsyth.  I 
read  also  the  act  of  1st  July,  1836,  accepting  the  bequest 
and  pledging  the  faith  of  the  United  States  to  its  application 
conformably  to  the  direction  of  the  testator. 

There  was  some  desultory  conversation,  and  Mr.  Garland 
moved  an  adjournment  till  next  Tuesday  at  ten  o'clock,  for 
a  fuller  meeting  of  the  committee  :  which  was  agreed  to. 

JANUARY  5,  1839. 

I  rode  to  the  Capitol  shortly  before  the  meeting  of  the 
House,  to  make  arrangements  for  keeping  minutes  of  the 
proceedings  of  the  Smithsonian  Bequest  Committee — a  work 


MEMOIRS    OF    JOHN    QUINCY    ADAMS.  771 

•with  which  I  proceed  with  a  heavy  heart,  from  a  presentiment 
that  this  noble  and  most  munificent  donation  will  be  fil- 
tered to  nothing,  and  wasted  upon  hungry  and  worthless 
political  jackals. 

Just  after  dinner  I  had  a  long  visit  from  Dr.  Chapin,  the 
President  of  the  Columbian  College,  who  came  to  ascertain 
if  the  college  could  obtain  any  assistance  from  the  Smithso- 
nian fund.  His  wish  seemed  to  be  that  the  Government 
.should  take  the  college  under  its  own  charge,  as  an  appen- 
dage to  the  Smithsonian  Institution.  I  said  that,  without 
knowing  what  were  the  views  of  others,  mine  were  that  no 
part  of  the  Smithsonian  fund-should  be  applied  to  any  school, 
college,  university,  or  seminary  of  education ;  but  that,  equal 
£are  should  be  taken  to  avoid  doing  any  injury  whatever  to 
.any  such  institution.  Pie  said  the  condition  of  the  college 
at  present  was  such  that  unless  it  could  receive  assistance 
from  some  quarter  it  must  go  down  and  its  concerns 
must  be  closed.  They  had  been  several  years  struggling  to 
raise  a  subscription  from  the  Baptists  throughout  the  United^ 
States  to  pay  the  debt  of  the  college  ;  but  in  accomplishing 
this  they  had  failed.  There  had  been  a  project  for  trans- 
ferring the  whole  concern  to  Richmond,  Virginia,  where 
there  was  already  a  flourishing  Baptist  school;  but  the 
principal  difficulty  in  the  way  of  that  was  that  it  might  for- 
feit the  subscriptions  which  they  had  obtained  to  pay  the 
debts  here. 

I  said  that  if  the  Faculty  thought  there  was  any  prospect 
of  their  obtaining  anything  from  the  Smithsonian  fund,  they 
might  apply  to  the  President  of  the  United  States,  or  to  any 
other  member  of  the  committee;  and  if  there  should  be 
any  disposition  in  Congress  to  aid  the  college  from  the  fund, 
I  would  immediately  withdraw  from  the  committee  and 
leave  the  whole  arrangement  to  be  made  by  others.  As  I 
deprecated  above  all  things  the  application  of  the  funds  to 
purposes  for  the  benefit  of  individuals,  I  had  determined  at 
least  to  be  disinterested  myself,  and  would  in  no  shape  or 
form  receive  one  dollar  of  the  fund  to  myself.  And  as  the 
principal  debt  of  the  Columbian  College  was  to  me,  I  could 
be  instrumental  to  no  arrangement  which  would  result  in 
the  payment  of  the  college  debt  from  the  Smithsonian 
fund. 

He  said  he  had  conversed  with  Professor  Ruggles  on  the 
subject.  They  were  aware  that  there  was  some  delicacy  irr 
my  position  with  regard  to  the  college  debt ;  but  they  had 
ample  means  for  the  payment  of  their  debt,  as  preliminary 
to  the  receiving  any  assistance  from  the  Government. 


772  MEMOIRS   OF   JOHN   QUINCY   ADAMS. 

I  said  that,  at  all  events,  it  was  a  subject  in  which  I  coub 
have  no  agency,  though  if  they  should  obtain  encouragement 
to  their  wishes  from  the  President,  or  in  Congress,  I  would 
cheerfully  withdraw  from  the  committee. 

The  Doctor  asked  if  I  should  be  willing  to  receive  any 
further  communication  from  him  upon  the  subject. 

I  said,  certainly,  with  pleasure,  and  with  the  best  disposi- 
tion to  do  anything  useful  to  the  college  in  my  power.  I  gave 
him  printed  copies  of  the  two  messages  of  the  President  to- 
the  Congress  on  this  subject  at  the  present  session. 

JANUARY  8,  1839. 

At  ten  I  met  the  Smithsonian  Bequest  Committee. 
Present,  Adams,  Smith,  Charles  Shepard,  Thompson,  Ogle, 
Holt,  and  Kennedy;  absent,  Garland,  of  Virginia,  and 
Hunter  of  Ohio.  There  was  more  desultory  conversation, 
and  some  question  made  as  to  a  boasting  passage  or  two  in 
one  of  Mr.  Rush's  letters,  that  he  had  avoided  giving  too 
much  publicity  to  the  notice  for  illegitimate  children  of 
James  Hungerford,  the  first  devisee  of  the  whole  property. 
Rush  had  been  bitterly  assailed  in  the  Gazette  of  the  United 
States  for  this,  and  Thompson  expressed  some  suspicion  of 
unfairness  in  the  transaction,  which  would  vitiate  the  whole 
procedure,  and  so  taint  it  that  he  would  not  consent  under 
it  to  take  a  dollar  of  the  money.  But  the  decree  of  the 
Master  of  the  Rolls  was  read ;  and  the  report  of  the  Master 
to  whom  it  had  been  referred,  explicitly  and  positively  de- 
clared that  Hungerford  died  without  issue,  legitimate  or 
illegitimate ;  aiicT  Mr.  Thompson  waived  all  objection  to 
further  proceeding. 

The  Chairman  of  the  committee  was  instructed  to  move  in 
the  House  that  the  memorial  of  Charles  Lewis  Fleischmann, 
presented  at  this  session  and  referred  to  this  committee, 
should  be  printed,  and  the  drawings  accompanying  it  litho- 
graphed for  the  use  of  the  House ;  and  also  to  prepare  a 
bill  vesting  the  whole  Smithsonian  fund  in  the  Treasury  of 
the  United  States,  pledging  their  faith  to  be  responsible  for 
it,  and  for  the  payment  of  the  yearly  interest  upon  it  at 
six  per  cent.  Adjourned  to  next  Tuesday. 

JANUARY  15,  1839. 

Meeting  of  the  Smithsonian  Committee.  Presetit,  Adams, 
Thompson,  Kennedy,  Hunter.  No  quorum.  Thompson 
made  objections  to  Mr.  Rush's  proceedings  to  recover  the 
fund.  The  joint  resolution  constituting  a  joint  committee- 


MEMOIRS    OF   JOHN    QUINCY   ADAMS.  773 

supersedes  the  authority  of  the  separate  committee  of  the 
House. 

JANUARY  26,  1839. 

Meeting  of  joint  Smithsonian  Committee,  Present,  Sena- 
tors, Bobbins,  Preston,  Benton,  Southard;  of  the  House, 
Adams,  Garland,  Thompson,  Hunter  of  Ohio,  Charles  Shep- 
ard.  Bobbins  presents  his  project.  I  offer  three  resolutions. 
Thompson  makes  a  question  upon  the  acceptance  of  the 
money,  on  the  ground  of  fraud  upon  the  English  court  of 
chancery  in  obtaining  the  money.  Committee  agreed  to 
meet  on  Wednesdays  and  Saturdays  at  ten  o'clock ;  to  move 
the  house  to  print  Mr.  Bobbins'  papers  and  my  resolutions, 
-arid  a  joint  resolution  authorizing  the  committee  to  employ 
a  clerk  to  print  necessary  papers.  H.  B,  U.  S.  Call  for 
reports  from  committees.  I  move  the  printing  of  the  papers 
from  the  joint  committee,  and  also  the  joint  resolution  au- 
thorizing the  committee  to  employ  a  clerk  and  to  print  the 
.necessary  papers ;  adopted  without  opposition. 

FEBRUARY  6,  1839. 

Meeting  of  the  joint  Smithson  Committee.  I  offered  five 
resolutions  against  the  appropriation  of  any  part  of  the 
fund  to  any  institute  of  education.  Very  little  discussed. 
Mr.  Bobbins  is  to  report  a  bill  constituting  a  board  of  trus- 
tees, on  commission  to  report  a  plan  for  the  application  of 
the  fund  to  the  next  Congress. 

MARCH  25,  1839. 

Called  on  the  Secretary  of  the  Treasury  at  his  office  in 
the  new  Treasury  building.  I  spoke  to  Mr.  Woodbury  of 
the  Smithsonian  fund  ;  told  him  what  had  been  done  with 
.relation  to  it  in  Congress,  and  what  had  not  been  done ; 
how  the  two  messages  of  the  President  on  the  subject  had 
been  referred  to  a  select  committee  of  nine,  of  which  I  had 
been  the  chairman;  how  Asher  Bobbins,  a  Senator  from 
Bhode  Island,  being  laid  politically  on  the  shelf  by  his  con- 
stituents, had  taken  a  fancy  to  this  fund  for  the  comfort  and 
support  of  his  old  age,  and  projected  a  university,  of  which 
he  was  to  be  the  Bector  Magnificus.  So  he  made  an  elegant 
literary  speech  in  the  Senate,  and  moved  for  a  joint  com- 
mittee, seven  from  the  Senate.  The  House  concurred,  and 
the  Speaker  appointed  the  same  committee  of  nine  that  he 
had  appointed  before  to  join  the  committee  of  the  Senate. 
There  were  several  meetings  of  the  joint  committee ;  scarcely 
ever  a  quorum  of  the  Senate's  committee,  but  they  gave 
-carte  blanche  to  their  chairman.  He  prepared  his  bill  for 


774  MEMOIRS    OF   JOHN    QUINCY    ADAMS. 

nine  trustees — three  chosen  by  each  House,  and  three  by 
the  President — to  sit  during  the  recess,  and  prepare  a  plan,, 
to  be  submitted  to  Congress  at  the  next  session,  for  a  cor- 
poration, of  which  the  same  trustees  were  to  form  a  part. 
I  had  offered  resolutions  against  all  this,  which  the  com- 
mittee of  the  House  adopted,  and  I  prepared  a  bill  conform- 
ably to  my  own  plan.  By  way  of  compromise  it  was  agreed 
that  both  committees  should  report  both  bills ;  which  was 
done.  I  never  called  either  of  them  up  in  the  House,  for  I 
knew  it  would  be  in  vain.  Bobbins  attempted  to  get  up  his 
bill  in  the  Senate  but  could  not  carry  it  through.  I  left  copies- 
of  both  bills,  of  my  resolutions,  and  of  Bobbins'  proposi- 
tions, with.  Mr.  Woodbury,  requesting  him  to  consider  them, 
and  inviting  his  views  concerning  them — telling  him  that  [ 
should,  if  able  to  take  my  seat  at  the  next  session  of  Con- 
gress, resume  the  subject,  in  which  I  felt  an  interest  more 
intense  than  in  anything  else  before  that  body.  I  told  him 
that  before  leaving  this  place  I  intended  to  see  and  speak 
again  with  the  President  concerning  it. 

Mr.  Woodbury  promised  to  give  his  attention  to  the  sub- 
ject and  to  speak  of  it  also  to  the  President.  But  he  told 
me  that  in  the  general  appropriation  bill  ten  thousand  dollars 
had  been  taken  from  this  fund  to  pay  for  the  expenses  and 
charges  of  procuring  the  money.  Cambreleng  swindled 
this  into  the  bill  without  my  knowledge,  and  it  crept  through 
both  Houses  unobserved.  I  shamed  him  out  of  it  last  year, 
and  I  believe  he  did  it  now  to  spite  me.  The  Attorney 
General  had  given  an  opinion  against  it.  I  am  deeply  mor- 
tified .not  to  have  detected  this  dirty  trick. 

APRIL  8,  1839. 

I  had  some  conversation  with  Mr.  Grundy,  and  afterwards 
with  Mr.  Poinsett,  on  the  Smithsonian  fund  bills. 

OCTOBER  26,  1839. 

I  have  chosen  the  Smithsonian  bequest  as  my  subject  for 
a  lecture  to  the  Quincy  Lyceum,  which  I  last  Wednesday 
promised  Mr.  John  A.  Green,  now  its  President,  to  deliver, 
"  Deo  adjuvante,"  on  Wednesday,  the  20th  of  next  month. 
This  subject  weighs  deeply  upon  my  mind.  The  private  in- 
terests and  sordid  passions  into  which  that  fund  has  already 
fallen  fill  me  with  anxiety  and  apprehensions  that  it  will  be 
squandered  upon  cormorants  or  wasted  in  electioneering 
bribery.  The  apparent  total  indifference  of  Mr.  Van  Buren 
to  the  disposal  of  the  money,  with  his  general  professions  oi: 
disposition  to  aid  me;  the  assentation  of  all  the  heads  of 


MEMOIRS   OF   JOHN   QUINCY  ADAMS.  775 

Departments,  without  a  particle  of  assistance  from  any  one  of 
them,  excepting  the  Attorney  General,  Grundy,  whose  favor- 
able opinion  Cambreleng,  at  the  last  session,  contrived  to 
nullify;  the  opposition,  open  and  disguised,  of  Calhoun, 
Preston,  and  Waddy  Thompson,  even  to  the  establishment 
of  the  Institution  in  any  form ;  the  utter  prostration  of  all 
public  spirit  in  the  Senate,  proved  by  the  encouragement 
which  they  gave  to  the  mean  and  selfish  project  of  Asher 
Bobbins  to  make  a  university,  for  him  to  be  placed  at  the 
head  of  it;  the  investment  of  the  whole  fund,  more  than 
half  a  million  of  dollars,  in  Arkansas  and  Michigan  State 
stocks ;  and  the  dirty  trick  of  filching  the  ten  thousand  dol- 
lars from  the  fund  last  winter  to  pay  for  the  charges  of  pro- 
curing it — are  all  so  utterly  discouraging  that  I  despair  of 
effecting  anything  for  the  honor  of  the  country,  or  even  to 
accomplish  the  purpose  of  the  bequest — the  increase  and 
diffusion  of  knowledge  among  men.  It  is  hard  to  toil 
through  life  for  a  great  purpose  with  a  conviction  that  it  will 
be  in  vain  ;  but  possibly,  seed  now  sown  my  bring  forth  some 
good  fruit  hereafter.  In  my  report  of  January,  1836, 1  laid 
down  all  the  general  principles  upon  which  the  fund  should 
have  been  accepted  and  administered.  I  was  then  wholly 
successful ;  my  bill  passed  without  opposition,  and  under  its 
provisions  the  money  was  procured  and  deposited  in  the 
Treasury  in  gold.  If  I  cannot  prevent  the  disgrace  of  the 
country  by  the  failure  of  the  testator's  intention,  by  making 
it  the  subject  of  a  lecture,  I  can  leave  a  record  for  future 
time  of  what  I  have  done,  and  what  I  would  have  done,  to 
accomplish  the  great  design,  if  executed  well.  And  let  not 
the  supplication  to  the  Author  of  all  good  be  wanting. 

OCTOBER  29,  1839. 

Fine  autumnal  day.  My  address  on  the  Smithsonian  be- 
quest, in  preparation  for  the  Quincy  Lyceum,  as  usual  grows 
upon  me  as  I  proceed,  and  I  fear  I  shall  not  be  able  to  in- 
clude the  subject,  as  I  propose  to  discuss  it,  in  one  lecture. 
My  main  object  must  be  to  prepare  for  action  upon  it  at  the 
approaching  session  of  Congress,  and  to  gather  facts  and 
arguments  for  a  last  effort  to  save  the  fund  from  misappli- 
cation, dilapidation  and  waste. 

DECEMBER  27,  1839. 

The  House  had  been  ten  minutes  in  session  when  I  reached 
the  hall.  I  gave  notice  that  I  would,  next  Monday,  ask 
leave  to  introduce  a  bill  for  the  disposal  of  the  Smithso- 
nian bequest  fund.  I  went  to  the  Speaker's  chair,  and  told 


776  MEMOIRS    OF   JOHN    QUINCY    ADAMS. 

him  that  my  bill  was  in  substance  that  which  had  been  unani- 
mously reported  by  the  committee  of  the  House  at  the  last 
session,  and  that  I  should  move  its  reference  to  a  select  com- 
mittee now.  He  asked  me  to  name  to  him  members  whom 
I  should  wish  to  have  on  the  committee.  The  House  got 
into  a  snarl  about  the  numbers  of  the  President's  message 
to  be  printed,  and  finally,  upon  a  motion  of  reconsideration 
by  Waddy  Thompson,  between  three  and  four,  adjourned. 

DECEMBER  30,  1839. 

I  introduced  my  bill  concerning  the  Smithsonian  bequest, 
which  was  read  twice,  and  referred  to  a  select  committee  of 
nine.  The  Speaker  told  me  he  meant  to  put  Dixon  II. 
Lewis  upon  the  committee. 

JANUARY  13,  1840. 

Mr.  Hassler  paid  me  a  visit.  He  is  yet  employed,  under 
the  direction  of  the  Secretary  of  the  Treasury,  upon  the 
survey  of  the  coast,  and  upon  the  construction  of  weights 
and  measures  for  use  in  the  different  States.  But  I  found 
him  much  disposed  to  take  hold  of  the  Smithsonian  bequest ; 
to  which  I  gave  no  encouragement.  His  plan  was  for  the 
establishment  of  an  astronomical  school  before  the  erection 
of  an  observatory.  At  the  head  of  this  astronomical  school 
he  would  naturally  find  his  place,  and  would  contrive  to  ab- 
sorb the  whole  fund  in  the  management  of  it.  I  promised 
again  to  visit  his  establishment  here,  and  asked  him  for  in- 
formation of  the  prices  of  the  astronomical  instruments 
which  he  purchased  for  the  United  States  Government  at 
London  in  1815,  and  concerning  some  of  the  principal 
astronomers,  and  astronomical  establishments,  and  makers 
of  astronomical  instruments,  in  Europe  at  this  time. 

JANUARY  15,  1840. 

At  half-past  ten  this  morning  the  Committee  on  the  Smith- 
sonian Bequest  bill  met  in  the  chamber  of  the  Committee 
of  Manufactures.  Present,  Adams,  Ogle,  Shepard,  Garland, 
of  Virginia,  Albert  Smith,  Barnard,  and  Corwin  ;  absent, 
Lewis,  of  Alabama,  who,  by  accident,  was  not  notified,  and 
Campbell,  of  South  Carolina,  who  came  in  after  the  meet- 
ing adjourned,  having  been  engaged  in  the  Committee  of 
Elections.  The  bill  was  read.  I  proposed  that  the  chair- 
man should  be  authorized  to  prepare  a  report  to  be  submit- 
ted to  the  committee,  containing  a  review  of  what  had 
been  hitherto  done  by  Congress  on  the  subject,  and  a  brief 


MEMOIRS    OF   JOHN    QUINCY   ADAMS.  777 

exposition  of  the  reasons  for  the  several  provisions  proposed 
by  the  bill.  I  proposed  also  that  when  it  should  become 
necessary  I  should  ask  the  permission  of  the  House  to  employ 
a  clerk,  and  to  employ  George  Sweeney ;  and  that  when  the 
report  was  ready  I  shall  call  another  meeting  of  the  com- 
mittee ;  all  of  which  was  agreed  to  unai  voce. 

FEBRUARY  8,  1840. 

I  inquired  of  the  Secretary  of  the  Treasury  what  was  the 
present  condition  of  the  Smithsonian  fund.  He  said  the 
interest  upon  the  Arkansas  and  Michigan  bonds  had  been 
regularly  paid,  and  reinvested  in  Michigan  bonds,  which 
.had  been  purchased  at  seventjvfive  per  cent.  He  said  the 
Secretaries  of  War  and  of  the  Navy  had  been  much  annoyed 
to  obtain  payment  of  the  interest,  to  enable  them  to  pay  the 
Indian  annuities  and  navy  pensions. 

FEBRUARY  20,  1840. 

I  finished  this  morning  the  draft  of  a  report  on  the  Smith- 
sonian Bequest  bill,  to  be  submitted  to  the  committee,  and 
left  it  with  Mr.  D.  D.  Barnard,  at  his  lodgings.  I  have  re- 
quested him  to  read  it,  and  to  suggest  any  alterations,  addi- 
tions, or  omissions  which  may  occur  to  him  as  advisable, 
before  I  presented  it  to  the  committee. 

FEBRUARY  26,  1840. 

The  Smithsonian  Bequest  Bill  Committee  met  at  the 
chamber  of  the  Committee  of  Manufactures,  at  ten  o'clock. 
Present,  Adams,  Shepard,  Garland,  Barnard,  Corwin,  and 
Lewis;  absent,  Ogle,  Smith  of  Maine,  arid  Campbell  of 
South  Carolina,  who  is  sick,  confined  to  his  chamber,  and 
was  not  notified.  I  presented  my  report,  of  which  I  briefly 
stated  the  contents.  The  committee  authorized  me  to  pre- 
sent it  to  the  House,  and  move  it  be  printed.  The  addi- 
tional sections  and  the  estimates  were  read,  and  authority 
was  given  me  to  report  them  with  the  bill ;  also  the  mes- 
sages of  6th  and  7th  December,  1838,  and  any  other  docu- 
ment, at  my  discretion. 

Dixon  H.  Lewis  proposed  to  report  a  counter-project  for 
the  establishment  of  an  agricultural  school  on  Fleisehmanrrs 
plan.  It  was  agreed  that  he  should  present  to  the  House 
his  counter-project  at  his  leisure,  and  that  it  should  also  be 
printed.  Lewis  declared  his  aversion  to  the  acceptance  of 
the  bequest,  which  he  said  only  gave  trouble  to  Congress, 
by  diverting  their  attention  and  consuming  their  time  upon 
subjects  not  suitable  for  their  legislation.  He  asked  again 


778  MEMOIRS    OF   JOHN    QUINCY   ADAMS. 

that  a  motion  might  be  made  to  have  Fleischmaun's  memo- 
rial at  the  last  session  of  Congress  reprinted ;  which  was- 
agreed  to. 

FEBRUARY  27,  1840. 

In  the  House,  Crabb,  of  Alabama,  had  the  floor  on  the 
New  Jersey  election  debate.  I  asked  him  to  allow  me  to 
present  a  report  and  documents  from  the  Smithsonian  Be- 
quest Committee.  He  said  that  with  the  general  consent 
of  the  House,  if  no  objection  were  made,  he  would  readily 
yield  me  the  floor  for  that  purpose.  Turney  of  Tennessee, 
objected,  and  I  could  not  report  my  bill. 

MARCH  5,  1840. 

I  presented  from  the  Committee  of  the  Smithsonian  Be- 
quest bill,  an  amended  bill,  with  the  report  which  I  had 
prepared,  and  sundry  documents,  including  the  messages  of 
December,  1835,  and  of  6th  and  7th  December,  1838,  and 
my  report  of  January,  1836;  also  an  estimate  of  the  cxprnsr 
of  erecting  and  establishing  an  astronomical  observatory. 
I  stated  also  that  a  member  of  the  committee,  Dixon  II. 
Lewis,  would  prepare  a  minority  report,  which  the  com- 
mittee proposed  should  also  be  printed,  together  with  the 
memorial  of  Charles  Lewis  Fleischmann,  presented  at  the 
last  session  of  Congress  and  then  printed.  James  Monroe 
proposed  that  five  thousand  extra  copies  of  my  report  should 
be  printed ;  but  the  Speaker  said  it  was  not  now  in  order, 
and  No  was  heard  from  several  voices.  I  am  convinced 
that  nothing  good  can  be  done  upon  this  subject  by  this 
Congress. 

APRIL  8,  1840. 

At  the  National  Intelligencer  office,  and,  neither  of  the 
editors  being  there,  I  left  a  copy  of  my  report  on  the  Smith- 
sonian Bequest  bill  to  be  published  in  the  paper. 

APRIL  14,  1840. 

Morning  visit  from  Mr.  Stone  the  engraver,  and  Mr.  Jager, 
a  German,  native  of  Vienna,  now  professor  of  botany  and 
zoology  at  the  college  of  Princeton.  We  had  an  easy  con- 
versation of  upwards  of  an  hour,  in  which  the  Professor 
expressed  the  opinion  that  too  much  time  was  devoted  at 
our  colleges  and  universities  to  the  study  of  Greek  and 
Latin.  He  spoke  rather  slightingly  of  Prince  Galitzin,  and 
of  the  late  Emperor  Alexander^  as  infected  with  bigotry 
from  excessive  reverence  for  the  Bible,  which  he  said  was 
the  disposition  of  all  the  Galitzins  he  had  ever  known.  I 


MEMOIRS    OF   JOHN    QUINCY   ADAMS.  779' 

could  not  but  surmise  that  Mr.  Jager  was  a  free-thinker  of 
the  German  school,  and  had  a  negative  quantity  of  reverence 
for  the  Bible,  equal  at  least  to  the  superfluity  of  it  in  the- 
Galitzins ;  that  this  had  rendered  the  residence  of  St.  Peters- 
burg inconvenient  to  him,  and  brought  him  to  this  country. 
This  may  be  mere  conjuncture ;  but  I  have  invariably  found 
that  a  light  estimate  of  the  study  of  Greek  and  Latin  and 
an  irreverent  estimate  of  the  Bible  are  inseparable  compan- 
ions. I  see  the  same  current  of  opinions  in  Professor  Dung- 
lison's  two  articles  in  the  Southern  Messenger,  upon  the 
Smithsonian  bequest.  Of  Dunglison,  imported  from  Scot- 
land by  Jefferson,  for  his  university  of  Virginia,  this  might 
be  expected ;  but  how  this  Professor  Jager  should  have  got 
squeezed  into  the  super-orthodox  college  at  Princeton  gives- 
me  pause. 

MAY  10,  1840. 

I  observed  to  Mr.  Gales  that  he  had  not  yet  published  my 
report  on  the  Smithsonian  bequest.  He  said  the  difficulty 
was  that  it  would  occupy  from  twelve  to  fourteen  columns  of 
the  paper ;  but  it  should  be  published  as  soon  as  possible. 

MAY  19,  1840. 

I  rode  to  the  Capitol,  and  stopped  on  my  way  at  the  office 
of  the  National  Intelligencer.  Mr.  Gales  said  he  should 
begin  the  publication  of  the  Smithsonian  report  to-morrow. 

MAY  23,  1840. 

I  called  at  the  Intelligencer  office,  and  asked  of  Mr.  Gales- 
half  a  dozen  copies  of  this  day's  paper,  containing  my 
speech  on  the  8th  instant,  and  of  the  country  paper  of  last 
Tuesday,  containing  my  last  report  on  the  Smithsonian  be- 
quest. Gales  said  he  had  already  received  comments  on  the 
latter.  I  asked  him  from  whom.  He  said  he  could  not 
tell  me  till  I  had  seen  them. 

APRIL  14,  1841. 

Mr.  Poinsett  called  upon  me,  and  now  fully  disclosed  his 
project,  which  is  to  place  the  investment  and  disposal  of  the 
Smithsonian  funds  under  the  management  of  the  American 
[National]  Institution  for  the  Promotion  of  Literature  and 
Science.  He  concurs  entirely  in  my  views  of  confining  the  ap- 
propriations to  the  annual  interest,  leaving  the  principal  un- 
impaired, and  of  making  the  first  appropriations  for  the  estab- 
lishment of  an  astronomical  observatory.  But  he  did  not  ap- 
prove of  leaving  the  selection  of  the  spot  to  the  Secretary  of 


780  MEMOIRS   OF   JOHN    QUINCY   ADAMS. 

the  Treasury,  and  thought  the  hill  opposite  Analostan  Island 
objectionable  on  account  of  its  exposure  to  fogs,  from  its 
proximity  to  the  river.  He  spoke  of  two  or  three  other 
places  between  Meridian  Hill  and  the  President's  House, 
with  some  remarks  on  each  spot  worthy  of  consideration. 
He  said  he  had  at  present  no  other  occupation  on  hand,  and 
would  be  willing  to  devote  two  years  entirely  to  organizing 
this  establishment  and  getting  it  into  full  operation.  I  know 
not  that  it  could  be  accomplished  more  effectively,  and  think 
I  must  acquiepce  in  this  arrangement  and  endeavor  to  carry 
it  through.  The  chief  obstacle,  however,  will  now  be  to 
extricate  the  funds  from  the  fangs  of  the  State  of  Arkansas 
Mr.  Poinsett  thought  that  they  paid  the  interest  upon  the 
bonds  punctually;  but  the  law  requires  that  the  interest 
should,  when  paid,  be  immediately  reinvested  in  State  stocks ; 
and  I  struggled  in  vain  at  the  last  session  of  Congress  to 
obtain  a  repeal  of  that  law.  Mr.  Poinsett  said  he  was  now 
going  in  a  very  few  days  to  South  Carolina,  but  should  soon 
return  here. 

APRIL  17,  1841. 

I  should  have  mentioned  that  yesterday  morning  I  visited 
Mr.  Poinsett  and  took  leave  of  him  previous  to  his  depar- 
ture for  Charleston,  South  Carolina.  I  inquired  when  he 
proposed  to  return  here,  and  understood  him  to  say  not  till 
next  winter ;  but  then  he  comes  for  two  years,  to  preside 
over  the  National  Institution  for  the  Promotion  of  Science; 
and,  as  he  expressed  a  wish  that  the  Smithsonian  fund  might 
be  connected  .with  that  Institution  and  placed  under  its  man- 
agement, I  requested  him  to  take  the  bill  reported  to  the 
House  with  my  report  of  5th  March,  1840,  and  prepare  any 
amendment  to  it  which  would  carry  out  his  views,  and  send 
it  to  me  before  the  approaching  session  of  Congress;  which 
he  said  would  do. 

APRIL  18,  1841. 

I  borrowed  from  the  occupations  of  the  week  the  morn- 
ing hours,  to  finish  a  letter  to  Thomas  Ewing,  Secretary  of 
the  Treasury,  concerning  the  Smithsonian  Fund,  its  invest- 
ment, and  its  application.  It  involves  the  condition  of  the 
Navy  Pension  Fund,  the  State  debts,  the  public  lands,  In- 
•dian  treaties  and  trusts,  and  the  whole  system  of  administra- 
tion of  ^the  finances,  revenues,  receipts,  and  expenditures  of 
the  Cation.  I  present  it  only  so  far  as  concerns  the  Smith- 
sonian Fund  and  projected  Institution. 


MEMOIRS  OF  JOHN  QUINCY  ADAMS.  781 

APRIL  19,  1840. 

I  took  my  letter  and  pamphlets  relating  to  the  Smithso- 
nian Fund  to  the  Secretary  of  the  Treasury,  and  left  them 
with  him,  with  an  earnest  request  that  he  would  lay  the 
subject  before  the  President. 

JUNE  4,  1841. 

I  paid  a  visit  to  the  Acting  President,  John  Tyler,  and 
had  a  conversation  with  him  upon  the  condition  and  pros- 
pects of  the  Smithsonian  Fund.  The  Secretary  of  the 
Treasury,  Ewing,  has  not  communicated  to  him  my  letter 
of  the  19th  April  last,  nor  the  report,  nor  any  of  the  docu- 
ments which  I  sent  him  with  it. 

SEPTEMBER  10,  1841. 

The  committee  took  up  the  amendments  of  the  Senate 
to  the  Smithsonian  fund  bill,  with  which  the  House,  at  my 
motion,  agreed ;  and  so  the  bill  has  gone  through  both 
Houses. 

SEPTEMBER  16,  1841. 

I  called  twice  this  day  at  the  Department  of  State.  The 
first  time  the  Secretary,  Webster,  was  not  at  the  office ;  so 
I  passed  over  to  the  Treasury  Department,  and  saw  Mr. 
Walter  Forward,  the  new  Secretary.  I  spoke  to  him  upon 
two  subjects.  1.-  The  Smithsonian  fund,  of  the  history  of 
which  he  is  ignorant,  and,  from  the  civil,  courteous,  and 
wholly  indifferent  manner  in  which  he  received  my  com- 
munications, I  presume  he  will  care  just  as  little  as  did  his 
predecessors,  Ewing  and  Woodbury.  I  told  him  what  I 
had  done,  and  what  I  propose  to  do ;  and  he  promised  to 
send  me  a  statement  of  the  present  condition  of  the  fund, 
and  the  amount  of  the  stocks  of  the  several  States  which 
have  been  purchased  under  the  authority  of  the  sixth  sec- 
tion of  the  West  Point  Academy  appropriation  of  1838. 
And,  2,  I  spoke  on  the  resolution  of  the  House,  adopted  at 
my  motion  on  the  23d  of  July  last,  calling  on  the  Secretary 
of  the  Treasury  for  a  report  upon  the  debts  of  the  several 
States. 

Mr.  Forward  appeared  not  to  have  heard  or  not  to  have 
thought  of  that  resolution ;  but  he  said  he  would  attend  to 
it,  and  that  he  would  write  to  the  Secretaries  of  the  several 
States,  to  collect  the  information. 

SEPTEMBER  18,  1841. 

rMy  next  call  was  at  the   Treasury  Department,  where  I. 


782  MEMOIRS   OF  JOHN   QUINCY   ADAMS. 

requested  of  the  Secretary,  Forward,  a  more  particular 
statement  of  the  State  stocks  in  which  the  Smithsonian 
funds,  principal  and  interest,  have  been  invested. 

I  spoke  to  Mr.  Tyler  about  the  Smithsonian  fund  and  the 
debts  of  the  States.  There  are  now  six  hundred  and 
twenty  thousand  dollars  invested  in  State  stocks  bearing  an 
interest  of  six  per  cent,  a  year,  payable  half-yearly.  I  told 
him  I  had  at  length  succeeded  in  two  measures  at  the  recent 
session  of  Congress — one  by  introducing  into  the  bill  for 
distributing  the  proceeds  of  the  sales  of  the  public  lands. 
the  fourth  section,  whereby  the  portion  coming  at  any  time 
to  any  State  shall  be  first  applied  to  the  payment  of  anv 
debt,  principal  or  interest,  from  the  State  to  the  United 
States;  and  the  other  by  the  repeal  of  the  sixth  section  ol 
the  West  Point  appropriation  act  of  7th  July,  1838,  which 
requires  the  investment  of  the  accruing  interest  in  State 
stocks,  and  substituting  the  investment  of  them  in  stock* 
of  the  United  States — though  this  has  been  attended,  mucl 
-against  my  will,  with  authority  to  the  Secretary  of  tin 
Treasury  to  reduce  the  interest  from  six  per  cent,  a  year 
which  the  State  bonds  now  bear,  to  not  less  than  five.  The 
Secretary  of  the  Treasury  has  obtained  one  million,  or  i 
million  arrd  a  half,  of  the  twelve-million  loan  authorized  ai 
the  recent  session  of  Congress,  at  five  and  a  half  per  cent, 
but  he  wants  already  two  millions  more,  and  has  no  pros 
pect  of  obtaining  them  at  a  rate  lower  than  six  per  cent.,  i 
^it  that;  and  I  said  if  there  should  be  an  investment  of  tht 
next  semi-annual  interest  I  hoped  it  would  not  be  taken  ai 
&  lower  rate  of  interest  than  six  per  cent.  But  I  was  ex 
tremely  anxious  that  the  United  States  should  not  assume 
but  resume,  the  whole  responsibility  of  that  fund,  and  lool 
themselves  to  the  States  for  their  punctuality  of  payment. 

Mr.  Tyler,  in  general  terms,  approved  of  these  observa 
tions,  and  assured  me  that  he  would  co-operate  cordialh 
with  me  for  the  faithful  application  of  these  funds  to  th( 
purposes  of  the  testator.  He  said  he  had  my  letter  to  th< 
late  Secretary  Ewing,  and  had  read  it. 

I  spoke  also  of  the  call  of  the  House  on  the  Secretary 
of  the  Treasury  for  a  report  on  the  State  debts,  and  gav( 
him  some  of  my  views  upon  that  deeply  interesting  public 
concern. 

He  certainly  did  not  concur  with  them ;  neither  did  h( 
controvert  them.  When  I  suggested  to  him  the  certainty 
that  the  European  Governments  will  ultimately  hold  th( 
United  States  responsible  for  these  State  debts,  he  lookec 
grave,  but  made  no  remark. 


MEMOIRS    OF    JOHN    QUINCY   ADAMS.  783 

JANUARY  10,  1842. 

I  notified  the  members  of  the  Committee  on  the  Smith- 
sonian bequest  to  meet  Wednesday  morning. 

JANUARY  12,  1842. 

I  was  obliged  to  go  to  attend  at  eleven  the  first  meeting 
of  the  select  Committee  on  the  Smithsonian  bequest,  in  the 
chamber  of  the  Committee  of  Foreign  Relations.  Present, 
Adams,  Habersham,  Truman  Smith,  Underwood,  Benjamin 
Randall,  and  Charles  J.  Ingersoll ;  absent,  Hunter,  Houston, 
and  Bowne,  the  last  of  whom  I  had  not  been  able  personally 
to  notify,  he  having  been  yesterday  and  the  day  before  de- 
tained from  the  House  by  indisposition.  I  read  the  com- 
mission of  the  members,  the  reference  to  the  Committee  of 
the  part  of  the  President's  message  relating  to  the  Smith- 
sonian fund,  and  that  part  of  the  message  itself.  After 
much  desultory  conversation,  the  committee  agreed  to  meet 
next  Wednesday  morning  at  ten  o'clock. 

JANUARY  14,  1842. 

I  called  this  morning  at  the  Department  of  the  Treasury, 
ind  requested  of  the  Secretary  a  statement  of  the  present 
:ondition  of  the  Smithsonian  fund,  and  copies  of  the  State 
3onds  in  which  it  has  been  invested,  for  the  information  of 
Jie  committee  to  which  the  subject  has  been  referred  by 
the  House.  I  inquired  also  when  the  report  upon  the 
debts  of  the  States,  called  for  by  resolution  of  the  House, 
might  be  expected. 

He  said  he  had  written  to  the  Governors  of  the  several 
States,  and  had  received  answers  from  some  and  not  from 
others.  The  answers  from  the  heaviest  States  were  re- 
ceived ;  and  he  directed  the  Chief  Clerk,  McClintock  Young, 
to  write  again  to  the  States  whence  there  are  as  yet  no 
Answers. 

JANUARY  19,  1842. 

Meeting  of  the  select  Committee  on  the  Smithsonian  be- 
quest, in  the  chamber  of  the  Committee  of  Foreign  Rela- 
tions. Present,  Adams,  Habersham,  Underwood,  Randall, 
C.  J.  Ingersoll,  Houston,  and  Bowne;  absent,  Truman 
Smith,  and  Hunter.  I  had  found  in  the  chamber  of  the 
•committee  of  manufactures  the  book  containing  the  minutes 
of  the  proceedings  of  the  former  committees  on  this  subject, 
the  last  entry  upon  which  was  of  15th  January,  1840.  My 
report  of  that  committee,  with  an  amended  bill  to  incorpo- 
rate the  trustees  of  the  fund,  was  made  on  the  5th  of 


784  MEMOIRS    OF   JOHN    QUINCY    ADAMS. 

March,  1840,  since  which  nothing  has  hcen  done  by  Con- 
gress concerning  it.  The  bill  No.  1  of  the  House  bills- 
remained  on  the  calendar  through  the  whole  remainder  ot 
the  Twenty-Sixth  Congress's  first  and  second  sessions,  and 
was  never  reached  in  the  ordinary  business  of  the  House. 
There  was  no  committee  appointed  at  the  second  session, 
none  at  the  late  special  session,  first  of  the  Twenty-Seventh 
Congress,  and  in  the  mean  time  the  funds  invested  in  bonds 
of  the  State  of  Arkansas  have  depreciated  at  least  fifty  per 
cent.  I  now  stated  to  the  committee  that  I  had  called  upon 
the  Secretary  of  the  Treasury  for  a  statement  of  the  present 
condition  of  the  fund,  which  he  had  promised  but  had  not 
yet  furnished  me.  I  recapitulated  again  the  proceedings  of 
the  former  committees,  and  gave  copies  of  my  last  report 
to  those  members  of  the  committee  who  desired  them. 

Ilabersham  presented  a  letter  from  James  F.  Espy,  pro- 
posing that  a  portion  of  the  fund  should  be  appropriated 
for  simultaneous  meteorological  observations  all  over  the 
Union,  with  him  for  central  national  meteorologist,  stationed 
at  Washington  with  a  comfortable  salary. 

JANUARY  26,  ls-U. 

Attended  this  morning  the  Committee  on  the  Smithsonian 
bequest.  Present,  Adams,  Underwood,  Houston,  Randall, 
and  Truman  Smith.  The  documents  requested  iVom  the 
Secretary  of  the  Treasury  had  not  been  received.  The 
committee  sat  about  half  an  hour,  and  then  adjourned ; 
after  which  Mr.  Habershain  came  in.  Absent,  Charles  J. 
Ingersoll,  Hunter,  and  Bowne.  I  am  convinced  that  noth- 
ing will  be  done  of  any  use  by  this  committee. 

FEBRUARY  2,  1842. 

Meeting  of  the  Committee  on  the  Smithsonian  bequest, 
Present,  Adams,  Smith,  Ilabersham,  Randall,  Underwood; 
absent,  C.  J.  Ingersoll.  Hunter,  Houston,  and  Bowne.  A 
letter  from  Franklin  Knight  to  R.  "W.  Ilabersham  was  read, 
with  a  project  for  applying  the  Smithsonian  fund  to  the 
establishment  and  support  of  a  farm  school — D.  H.  Lewis's 
plan. 

FEBRUARY  9,  1842. 

I  attended  the  meeting  of  the  Committee  on  the  Smith- 
sonian bequest.  Present,  Adams,  Underwood,  Habersham, 
Smith;  absent,  C.  J.  Ingersoll,  Randall,  Houston,  Bowne, 
and  Hunter.  No  quorum,  and  nothing  could  be  done.  My 
time,  night  and  day,  has  been,  and  yet  is,  so  absorbed  for 


MEMOIRS    OF   JOHN   QUINCY   ADAMS.  785 

my  own  defence  that  I  can  attend  to  nothing  else.  Mr. 
Smith  said  that  he  should  not  be  here  at  the  next  weekly 
meeting,  being  obliged  to  go  home  to  Connecticut  on  busi- 
ness. 

FEBRUARY  16,  1842. 

Committee  on  the  Smithsonian  bequest.  Adams,  Haber- 
sham,  Underwood,  Randall — no  quorum.  No  report  yet 
from  the  Secretary  of  the  Treasury  on  the  present  condition 
of  the  funds. 

FEBRUARY  23,  1842. 

Committee  on  the  Smithsonian  bequest.  Present,  Adams, 
Underwood,  Habersham — no  quorum. 

MARCH  2,  1842. 

Committee  on  the  Smithsonian  bequest.  Present,  Adams, 
Underwood,  Randall — no  quorum. 

MARCH  9,  1842. 

Weekly  meeting  of  the  Committee  on  the  Smithsonian 
bequest.  Present,  Adams  and  Truman  Smith.  Haber- 
sham was  in  an  adjoining  committee  room.  No  quorum. 

MARCH  19,  1842. 

The  meeting  of  the  Committee  on  the  Smithsonian  be- 
quest was  fixed  for  ten  this  morning,  but  it  was  eleven  when 
I  reached  the  chamber  of  the  committee,  and  found  there 
Underwood,  Habersham,  Truman  Smith,  Benjamin  Randall, 
and  Charles  J.  Ingersoll ;  absent,  Bowne,  Houston,  and 
Hunter.  Of  my  tardiness  I  failed  not  to  be  reminded.  We 
took  up  the  old  bill  and  debated  it  from  the  third  to  the 
sixth  section  inclusive.  Every  provision  of  every  section 
was  contested,  and  the  only  sound  principle  settled  was 
that  the  principal  sum  of  the  bequest  should  be  preserved 
unimpaired  as  a  perpetual  fund,  from  which  no  appropria- 
tion shall  be  made. 

Habersham,  of  Georgia,  opposed  the  parts  of  the  bill 
providing  for  the  establishment  of  an  astronomical  obser- 
vatory. His  argument  was  the  clanger  and  difliculty  of 
carrying  it  through  Congress ;  and  he  said  that  only  yester- 
day one  of  the  members  from  the  South  urged,  in  conver- 
sation with  him,  that  Congress  had  no  constitutional  power 
to  accept  the  bequest,  and  that  the  money  ought  to  be  sent 
back  to  England. 

I  saw  the  finger  of  John  C.  Calhoun  and  of  nullification, 
and  said  that  the  objection  against  the  power  of  Congress 
50 


786  MEMOIRS   OF   JOHN   QUINCY   ADAMS. 

to  accept  the  bequest  would  not  be  removed  by  striking  out 
the  observatory;  that  Mr.  Calhoun  and  his  coadjutors  had 
urged  it  from  the  beginning,  and  it  had  been  time  after 
time  settled  against  them ;  that  any  application  of  the  fund 
to  the  purposes  of  the  testator  would  be  resisted  by  them, 
and  if  anything  was  to  be  done  it  must  be  carried  against 
their  stubborn  opposition.  Adjourned  to  Monday  morning 
at  ten. 

MARCH  21, 1842. 

Meeting  of  the  Committee  on  the  Smithsonian  bequest, 
at  ten  a.  m.  I  was  punctual  to  the  minute,  but  waited 
more  than  half  an  hour  for  a  quorum.  Present,  Adams, 
Underwood,  Truman  Smith,  Habersham,  R.  Randall,  and 
C.  J.  Ingersoll ;  absent,  Bowne,  Houston,  and  Hunter.  \\V 
discussed  the  remainder  of  the  old  bill,  from  the  sixth  sec- 
tion through.  Every  one  had  amendments  to  propose,  and 
the  bill  was  thoroughly  riddled.  Many  amendments  were 
adopted,  and  I  was  directed  to  prepare  an  amended  bill  for 
the  consideration  of  the  committee  at  the  adjournment, 
Wednesday  morning. 

MARCH  23, 1842. 

I  reached  the  committee  room  at  ten  o'clock.  Present, 
Adams,  Randall,  Habersham,  T.  Smith,  Underwood,  and, 
just  as  the  committee  were  adjourning,  Ingersoll.  The 
remainder  of  the  old  bill  was  throughly  debated,  and  addi- 
tional amendments  were  proposed.  I  was  finally  directed 
to  prepare  a  bill  and  then  call  a  meeting  of  the  committee. 

APRIL  2,  1842. 

I  made  the  experiment  of  doing  something  else  while  the 
routine  of  private  legislation  was  dragging  through.  I  ac- 
cordingly continued  the  draft  of  a  bill  for  the  Smithsonian 
bequest  Committee,  with  a  hope  to  finish  it  on  Monday,  and 
I  ascertained  that  I  might,  with  suitable  industry,  perform 
the  work  of  two  hours'  writing  in  my  seat,  upon  business 
other  than  that  before  the  House,  every  day  upon  which  I 
take  no  part  in  the  debate,  and  yet  give  all  necessary  atten- 
tion to  the  current  business. 

APRIL  4,  1842. 

I  finished  my  draft  of  the  bill  for  the  Smithsonian  bequest 
Committee,  and  added  five  new  sections  for  their  considera- 
tion. 


MEMOIRS    OF   JOHN    QUINCY    ADAMS.  787 

APRIL  5,  1842. 

In  the  House,  I  notified  all  the  members  of  the  Committee 
on  the  Smithsonian  bequest,  excepting  Mr.  Bowne,  who  is 
absent,  to  attend  a  meeting  to-morrow  morning ;  and  I  gave 
to  Mr.  Underwood  to  read  the  five  additional  sections, 
which  complete  my  plan  for  the  establishment  of  the  insti- 
tution and  the  provision  of  a  fund  for  the  erection  and  per- 
petual support  of  an  astronomical  observatory  upon  a  scale 
equal  to  that  of  any  one  upon  earth.  He  doubted  the 
expediency  of  including  them  in  the  present  bill,  for  fear 
of  alarming  the  House,  but  cordially  approved  of  my  whole 
plan. 

APRIL  6,  1842. 

Committee  on  the  Smithsonian  bequest.  Present,  Adams, 
Underwood,  Truman  Smith,  Benjamin  Randall,  and  C.  J. 
Ingersoll ;  absent,  Habersham,  Houston,  Bowne,  and  Hun- 
ter. I  was  authorized  to  present  to  the  House  the  draft  of 
the  bill  which  I  had  prepared,  together  with  the  five  addi- 
tional sections,  with  one  other,  to  dispose  of  the  surplus 
income  from  the  principal  fund,  beyond  the  thirty  thousand 
dollars  a  year  for  ten  years  from  the  1st  of  September, 
1838,  appropriated  by  the  bill,  and  with  the  bill  a  report. 

APRIL  12,  1842. 

When  the  select  committees  were  called,  I  asked  leave 
to  report  from  the  Committee  on  the  Smithsonian  bequest 
a  bill ;  but  the  bill  itself  was  at  my  house.  C.  J.  Ingersoll 
had  presented  to  the  House  and  referred  to  the  committee 
a  claim  of  Richard  Rush  for  extra  services  in  recovering 
the  money,  and  the  Speaker  said  he  had  additional  docu- 
ments to  present  relating  to  that  claim.  I  moved  that  the 
committee  should  be  discharged  from  the  further  considera- 
tion of  the  claim,  and  that  it  be  referred  to  the  Committee  of 
Claims ;  which,  with  faint  opposition  from  C.  J.  Ingersoll, 
was  carried. 

JUNE  11,  1842. 

The  meeting  last  evening  at  Mr.  Markoe's  was  for  the 
purpose  of  conferring  upon  the  project  of  connecting  the 
organization  of  the  National  Institute  for  the  Promotion  ot 
Science,  with  that  of  the  Smithsonian  Institution.  Mr. 
Poinsett  is  president  of  the  former,  and  presided  at  the 
meeting.  Mr.  Preston  has  introduced  into  the  Senate  a 
bill  for  combining  together  these  two  institutions,  and  now 
stated  to  the  meeting  his  views  on  the  subject,  embracing 


788  MEMOIRS   OF   JOHN    QUINCY    ADAMS. 

an  appropriation  of  twenty  thousand  dollars,  and  the  occu- 
pation by  law  of  a  large  portion  of  the  Patent  Office  build- 
ing for  the  preservation  and  arrangement  of  the  objects  of 
curiosity  collected  by  the  exploring  expedition  under  Lieu- 
tenant Wilkes,  now  daily  expected  home;  and  he  called  on 
me  to  say  how  far  my  purposes  may  be  concurrent  with  these- 
suggestions. 

I  said  I  had  the  warmest  disposition  to  favor  them,  and 
thought  there  was  but  one  difficulty  in  the  way,  which 
might  perhaps  be  surmounted.  I  had  believed  that  the 
whole  burden  and  the  whole  honor  of  the  Smithsonian* 
Institution  should  be  exclusively  confined  to  itself,  and  not 
entangled  or  commingled  with  any  national  establishment! 
requiring  appropriations  of  public  money.  I  exposed  the 
principles  upon  which  all  my  movements  relating  to  the 
Smithsonian  bequest  have  been  founded,  as  well  as  the  bills- 
which  at  four  successive  Congresses  I  have  reported — first 
for  obtaining  the  money,  and  then  for  disposing  of  I  he 
fund. 

At  the  motion  of  Mr.  Walker,  of  Mississippi,  the  presi- 
dent, Poinsett,  was  authorized  to  appoint  a  committee  of  five 
members  of  the  Institute,  to  confer  with  Mr.  Preston  and 
me  upon  the  means  of  connecting  the  Smithsonian  Institu- 
tion with  the  National  Institute. 

JUNE  20,  1842. 

In  the  House,  immediately  after  the  reading  of  the  jour- 
nal, I  offered  a  resolution  calling  upon  the  Secretary  of  the 
Treasury  to  report  to  the  House  as  soon  as  may  be  practi- 
cable, after  the  1st  of  July  now  impending,  the  amount 
paid  or  credited  to  the  several  States  of  the  Union  from  the 
proceeds  of  the  sales  of  the  public  lands ;  the  amount  re- 
tained in  payment  of  interest  or  principal  of  debts  due 
from  the  States  to  the  United  States;  and  the  amount  due 
from  the  indebted  States  to  the  United  States.  My  resolu- 
tion was  received  and  adopted  without  opposition  and  with- 
out remark. 

MARCH  10,  1843. 

In  the  unceasing  mill-clapper  talk  of  Mr.  Hassler  last 
evening,  he  asked  me  to  introduce  him  to  the  new  Secretary 
of  the  Treasury,  John  C.  Spencer — which  I  agreed  to  do, 
and  appointed  this  day  at  one  o'clock  to  go  with  him  to  the 
Department  for  that  purpose.  He  came,  and  we  went  ac- 
cordingly. I  introduced  him,  and  almost  immediately  left 
them  together;  but  not  without  perceiving  the  seeds  of  a 


MEMOIRS    OF  JOHN    QUINCY   ADAMS.  789 

•Conflict  already  germinating  between  two  proud  spirits, 
-which  bodes  no  good  to  the  progress  of  the  Coast  Survey. 
The  recent  act  places  Hassler  under  the  control  of  a  board 
of  officers,  and  the  whole  operation  under  the  superintend- 
ence of  the  Secretary  of  the  Treasury.  Hassler,  already 
restive  under  the  }Toke  fitting  to  his  neck,  said  that  the 
work,  being  scientific,  must  be  conducted  on  scientific  prin- 
ciples. The  Potentate  answered  in  a  subdued  tone  of  voice, 
but  with  the  trenchant  stubbornness  of  authority,  "the  laws 
must  be  obeyed."  The  pride  of  science  clashed  with  the 
pride  of  place,  and  I  left  them  together. 

I  had  observed  the  same  temper  in  Spencer  yesterday 
in  talking  with  him  about  the  present  condition  and  pros- 
pects of  the  Smithsonian  fund.  I  supplicated  him  to  take 
-an  interest  in  the  restoration,  preservation,  and  application 
of  the  fund  to  the  purposes  of  the  testator.  He  promised 
to  make  a  full  report  to  Congress  on  the  subject,  to  recom- 
mend the  issue  of  six  per  cent,  stock  of  the  United  States 
to  the  full  amount  of  the  dilapidated  funds  and  the  invest- 
ment of  it  in  trustees — the  Chief  Justice  of  the  United 
States,  and  other  officers  of  the  Government.  But  he 
thought  the  disposal  of  the  funds  should  be  left  entirely  to 
the  trustees;  and  he  pronounced  the  prejudice  against  my 
plan  of  an  astronomical  observatory  insurmountable,  be- 
cause I  had  once  called  observatories  light-houses  in  the 
skies.  My  words  were  light-houses  of  the  skies.  But  Mr. 
Spencer  sees  no  difference  between  the  two  phrases.  Mr. 
Spencer  turned  up  his  eyes  at  the  swindling  speculation  of 
the  Senator  from  Arkansas,  and  shrugged  up  his  shoulders 
at  the  prospect  of  ever  recovering  the  money  from  that 
State. 

JANUARY  20,  1844. 

Thomasson's  amendment  to  Wise's  resolution,  and  all  the 
other  amendments,  were  rejected,  and  the  original  resolu- 
tion to  refer  the  notice  of  the  Smithsonian  bequest  to  a 
select  committee  was  amended  by  Burke's  motion  to  refer 
it  to  the  Joint  Committee  on  the  Library.  The  committee 
.reported,  and  the  House  adjourned. 

FEBRUARY  19,  1844. 

The  report  of  the  Secretary  of  the  Treasury  on  the 
present  condition  of  the  Smithsonian  fund  was  sent  in,  of 
which  Mr.  Young  apprised  me  by  a  private  note.  I  moved 
its  reference  to  a  select  committee  of  nine,  and  that,  with 
the  documents,  it  should  be  printed.  Burke  moved  its 
reference  to  the  Joint  Committee  on  the  Library.  To  this 


790  MEMOIRS    OF   JOHN    QUINCY   ADAMS. 

I  objected,  and  assigned  my  reasons;  whereupon  Burke, 
unexpectedly  to  me,  withdrew  his  motion,  and  mine  was- 
carried. 

MAY  15,  1844. 

Adams,  John  Quincy ;  Houston,  George  S. ;  Chappellr 
Absalom  H. ;  French,  Richard  ;  Lucas,  William  ;  BrengK-, 
Francis;  Potter,  Emery  D. ;  Yost,  Jacob  S. ;  Wetheivd, 
John.  The  names  in  the  margin  are  those,  including  my 
own,  of  the  select  committee  to  whom,  on  the  19th  of  Feb- 
ruary last,  was  referred  the  report  of  the  Secretary  of  the 
Treasury  on  the  resolution  of  the  House  of  the  3d  of  Janu- 
ary, concerning  the  present  condition  of  the  Smithsonian 
fund.  I  met  them  at  ten  this  morning,  in  the  chamber  of 
the  Committee  of  Manufactures;  all  present  except  Houston 
and  Chappell,  who  were  duly  notified.  We  had  barely  time 
to  read  the  will  of  Smithson,  the  act  of  Congress  accepting 
the  bequest,  and  the  report  of  the  Secretary  of  the  Treasury 
referred  to  the  committee,  and  adjourned,  to  meet  to-morrow 
at  ten  c? clock. 

MAY  16,  1844. 

I  met  again  the  committee  on  the  Smithsonian  bequest, 
the  same  members  present  as  yesterday,  The  report  of  the 
Secretary  of  the  Treasury  evades  all  explanation  of  the 
manner  how  the  fund  was  almost  entirely  invested  in  bonds 
of  the  State  of  Arkansas,  upon  which  no  interest  has  been 
paid,  except  in  other  bonds  of  the  same  State,  and  upon 
which  for  more  than  two  years  no  interest  has  been  paid  at 
all.  How  to  make  the  fund  now  available  for  any  appro- 
priation by  Congress  to  the  purposes  of  the  testator  was 
the  question  first  discussed,  and  upon  which  the  committee 
came  to  no  result.  Then  I  read  the  bill  reported  by  the 
select  committee  on  the  1.2th  of  April,  1842,  and,  after  some 
'conversation,  the  committee  adjourned  to  next  Monday,  ten 
o'clock,  for  the  chairman,  consulting  with  Judge  French, 
to  prepare  some  specific  measure  to  be  discussed  for  report 
to  the  House. 

MAY  20,  1844. 

I  had  prepared  a  draft  of  a  bill  making  an  appropriation 
of  seven  hundred  thousand  dollars  from  the  Treasury  to 
assume  the  annual  interest  on  the  Smithson  fund,  invested 
now  in  stocks  of  several  States  and  upon  interest,  the  pay- 
ment ^  of  which  is  suspended;  which  draft  I  proposed  to 
submit  to  the  consideration  of  the  committee  on  the  Smith- 
sonian bequest  at  their  meeting  this  morning.  But  only 


MEMOIRS    OF    JOHN    QUINCY   ADAMS.  791 

one  member  of  the  committee,  Jacob  S.  Yost,  attended.  I 
read  my  draft  of  a  bill  to  him,  and  we  agreed  to  meet  again 
next  Wednesday  morning  at  half-past  nine. 

MAY  22,  1844. 

1  The  meeting  of  the  select  committee  on  the  Smithsonian 
bequest  was  appointed  for  half-past  nine  o'clock  this  morn- 
ing, but,  with  myself,  only  three  other  members  of  the  com- 
mittee were  in  attendance — Brengle,  Potter,  and  Yost ;  not 
a  quorum.  I  read  to  them  my  draft  of  a  bill  for  appropri- 
ating seven  hundred  thousand  dollars  from  the  Treasury 
for  carrying  into  immediate  effect  the  purposes  of  the  tes- 
tator— which  they  all  approved ;  and  they  were  also  willing 
to  report  again  the  bill  which  was  reported  in  1842.  We 
adjourned  to  meet  again  next  Saturday. 

MAY  23,  1844. 

I  began  the  draft  of  a  report  to  accompany  the  bill  which 
I  propose  to  report  from  the  select  committee  on  the  Smith- 
sonian bequest,  but  made  little  progress  in  it. 

MAY  25,  1844. 

The  meeting  of  the  select  committee  on  the  Smithsonian 
bequest  was  fixed  for  this  morning  at  half-past  nine,  but  the 
only  members  who  attended,  except  myself,  were  Brengle 
and  French.  I  read  my  draft  of  a  preliminary  bill  to  ap- 
propriate a  sum  sufficient  to  make  the  fund  immediately 
available  for  application  to  the  purposes  of  the  testator,  to 
Mr.  French,  who  without  hesitation  approved  it.  I  have, 
therefore,  the  consent  of  a  majority  of  the  committee  to 
report  it;  but  I  was  not  ready  with  my  report.  It  was 
agreed,  therefore,  that  when  my  report  is  ready  I  shall  call 
a  meeting  of  the  committee,  for  their  final  action  upon  the 
reference. 

MAY  30,  1844. 

In  preparing  the  report  to  the  House  of  the  select  com- 
mittee on  the  Srnithson  bequest,  I  found  it  advisable  to 
ascertain  at  the  Treasury  Department  whether  any  further 
payment  of  interest  upon  any  of  the  State  bonds  has  been 
made  into  the  Treasury  since  the  letter  of  the  Secretary, 
John  C.  Spencer,  of  19th  February  last,  referred  to  the 
committee.  I  called  at  the  Department,  and  Mr.  Young, 
the  chief  clerk  and  acting  secretary,  informed  me  that  no 
additional  payment  has  been  made. 


792  MEMOIRS  OF  JOHN  QUINCY  ADAMS. 

MAY  31,  1844. 

I  finished  the  draft  of  a  report  from  the  select  committee 
on  the  Smithsonian  bequest,  but,  in  the  process  of  prepar- 
ing it,  changed  my  purpose  from  the  design  of  reporting 
two  bills  to  that  of  including  the  whole  subject  in  one. 

JUNE  1,  1844. 

I  had  called  a  final  meeting  of  the  select  committee  on 
the  Smithsonian  bequest,  at  half-past  nine  this  morning, 
and  yesterday  sent  round  by  one  of  the  pages  a  notification 
to  all  the  members  of  the  committee  in  the  House.  I  had 
also  personally  notified  George  S.  Houston;  but  the  only 
members  who*attended  were  Brengle,  French,  and  Yost,  i»> 
whom  I  read  the  report  and  bill  that  I  had  prepared,  both 
which  they  approved,  and  authorized  me  to  present,  after 
obtaining  the  consent  of  one  more  member  of  the  com- 
mittee, to  the  House..  That  consent  I  afterwards  obtaiiu-d 
from  Emery  D.  Potter,  the  member  from  Ohio. 
JUNE  5, 1844. 

At  the  House,  immediately  after  the  reading  of  the  jour- 
nal, I  asked  leave  to  present  a  report  and  bill  from  the  select 
committee  on  the  Smithsonian  bequest;  but  McKay,  Chair- 
man of  the  Committee  of  Ways  and  Means,  moved  to  sus- 
pend the  rules  and  go  into  Committee  of  the  Whole  on  the 
&tate  of  the  Union,  and  refused  to  allow  me  time  to  present 
my  report  and  bill. 

JUNE  7,  1844. 

I  presented  the  report  and  bill  from  the  select  committee 
on  the  Smithsonian  bequest,  which  were  referred  to  the 
Committee  of  the  Whole  on  the  state  of  the  Union,  and 
ordered  to  be  printed. 

JUNE  11,  1844. 

The  compositor  of  the  Globe  office  sent  me  proof  sheets 
of  the  Smithsonian  bequest  bill,  reported  by  me  from  the 
committee  to  the  House,  in  which  there  were  several  errors. 
I  corrected  them  last  evening,  and  took  the  corrected  bill 
back  to  the  office.  I  requested  a  proof  copy  of  the  report 
also,  when  printed. 

DECEMBER  5,  1844. 

I  had  a  morning  visit  from  Robert  Owen,  of  Lanark,  a 
man  with  whom  I  first  became  acquainted  in  London,  in, 
1817 — a  speculative,  scheming,  mischievous  man. 


MEMOIRS  OF  JOHN  QUINCY  ADAMS.  793 

DECEMBER  6,  1844. 

Mr.  Robert  Owen  came  again  this  morning,  and  mesmer- 
ized me  for  the  space  of  an  hour  and  a  half  with  his  luna- 
cies about  a  new  organization  of  society  under  the  auspices 
of  the  two  most  powerful  nations  on  the  face  of  the  globe — 
Grreat  Britain  on  the  Eastern  and  the  United  States  on  the 
Western  Hemisphere.  The  materials,  he  says,  are  abund- 
ant, and  the  arrangements  are  all  of  simple  and  easy  execu- 
tion. He  has  prepared  a  plan  in  which  all  the  details  are 
set  forth  with  the  minutest  accuracy.  It  is  now  in  the 
hands  of  Mr.  Packenham,  but  he  will  ask  him  to  return  it, 
and  will  communicate  it  to  me  for  my  examination.  It  is  a 
plan  for  universal  education,  for  which  the  Smithsonian 
fund  may  provide  the  means  without  interfering  at  all  with 
my  views.  After  the  establishment  of  the  system,  there 
will  be  no  war,  and  no  such  thing  as  poverty.  Universal 
competency  will  be  the  lot  of  all  mankind,  and  want  will  be 
unknown. 

All  this  I  had  heard  twenty-five  years  ago,  and  the  hum- 
bug is  too  stale. 

JANUARY  15,  1845. 

Mr.  Woodbury's  discourse  last  evening  was  of  about  two 
hours'  duration,  delivered  with  great  rapidity,  replete  with 
various  and  minute  details  of  modern  and  especially  Amer- 
ican improvements  in  the  arts  and  sciences,  physical,  moral, 
political,  and  intellectual,  tinged  throughout  with  the  worm- 
wood of  Democracy,  like  ocean  brine  boiled  down  to  freshen 
it,  with  a  mawkish  tang  of  the  salt  remaining  in  the  taste. 
It  was  a  defence  of  our  national  character  against  the  re- 
proach of  neglecting  the  progress  of  science.  He  drew 
from  the  nature  of  our  Democratic  Government  the  infer- 
ence that  scientific  improvement  must  be  the  result  of  indi- 
vidual exertion  and  private  enterprise,  and  enumerated  a 
great  multitude  of  American  inventions,  from  Fulton's 
iSteamers  and  Whitney's  cotton-gin  to  the  Western  Railroad, 
the  Fairrnount  Water  Works  at  Philadelphia,  and  the 
Croton  Aqueduct  at  New  York.  _ 

Then  he  touched  lightly  upon  the  promotion  of  science 
which  the  Government  has  actually  patronized — the  survey 
of  the  coast,  the  astronomical  observatory,  and  the  explor- 
ing expedition.  He  made  out,  on  the  whole,  a  very  good 
case,  and  closed  with  a  liberal  exhortation  to  Congress  to 
foster  science  within  the  constitutional  limitations,  and  to 
interweave  together  the  capabilities  of  the  National  Institute 
and  the  Smithsonian  fund.  Immediately  after  he  closed, 


794  MEMOIRS    OF   JOHN    QUINCY   ADAMS. 

W.  W.  Seaton  took  the  chair  of  the  meeting,  a  vote  of 
thanks  was  passed  for  the  discourse,  with  the  request  of  a 
copy  for  publication,  and  the  meeting  was  dissolved. 

JANUARY  28,  1845. 

The  House  had  been  some  time  in  session  when  I  took 
my  seat.  A  bill  from  the  Senate  to  establish  the  Smith- 
sonian Institution  had  been  received,  read,  and  referred  to 
the  Committee  of  the  Whole  on  the  state  of  the  Union. 

FEBRUARY  10,  1845. 

Robert  Dale  Owen  had  introduced  a  substitute  for  the 
bill  from  the  Senate  to  dispose  of  the  Smithsonian  bequest. 
Without  reading,  it  was  ordered  to  be  printed,  and  referred 
to  the  Committee  of  the  Whole  on  the  state  of  the  Union. 

MARCH  3,  1845. 

Owen  and  Burke  made  desperate  attempts  to  force  down 
a  swindling  Smithsonian  bill,  which  I  barely  succeeded  in 
defeating. 

APRIL  4,  1845. 

I  find  it  impossible  to  carry  out  the  resolution  formed 
during  the  session  of  Congress,  to  devote  the  recess  to  sub- 
jects of  public  interest  which  I  was  then  compelled  to  over- 
look. I  have,  indeed,  disposed  of  two  of  them  for  the 
present;  but  the  rescinding  of  the  gag-rule,  the  Jackson 
fable  of  the  Erving  Treaty  with  Spain,  the  Smithsonian  be- 
quest, the  controversy  between  Massachusetts  and  South 
Carolina,  the  new  States  of  Texas,  Iowa,  and  Florida,  the 
Territories  of  Nebraska  and  Oregon,  and  the  errors  of  the 
sixth  census — all  subjects  which  I  did  intend  thoroughly  to 
sift  before  the  next  session  of  Congress,  they  are  slipping 
through  my  hands. 

APRIL  11,  1845. 

Mr.  George  Bancroft,  now  Secretary  of  the  Navy,  called 
on  me  this  morning,  and  again  in  the  evening,  and  I  had 
two  long  conversations  with  him,  on  subjects  connected 
with  the  Navy  Department,  the  Observatory,  the  magnetic 
apparatus  and  observations,  the  Smithsonian  bequest,  and 
the  National  Institute,  and  finally  upon  Mr.  Lewis'  catop- 
trical  light-house  lamps  and  the  Patent  Office.  He  asked 
for  advice  with  regard  to  the  Observatory,  and  the  magnetic 
observations,  which  are  suspended. 

My  advice  was :  1.  To  build  a  dwelling-house  adjoining 
the  Observatory.  2.  To  order  immediately  the  resumption 


MEMOIRS   OF   JOHN    QUINCY   ADAMS.  795 

of  the  magnetic  observations.  Much,  too  much,  loose  and 
desultory  conversation  besides,  to  be  very  much  restricted 
hereafter.  Mr.  Bancroft  professes  great  zeal  to  make  some- 
thing of  his  Department.  I  heartily  wish  he  may.  He  in- 
tends to  be  a  hard-working  man.  Practice  should  follow 
and  realize  theory.  Drop  the  anchor,  Hope  ! 

APRIL  30,  1845. 

Between  one  and  two,  afternoon,  Mr.  McClintock  Young, 
chief  clerk  of  the  Treasury  Department,  sent  me  word  that 
the  Secretary  was  in  his  office,  and  would  see  me.  I  went 
immediately,  and  found  the  anteroom  and  the  entry  before 
his  door  crowded  with  persons  waiting  for  admission — four 
out  of  five,  if  not  all,  place-hunters.  The  doorkeeper 
opened  the  door  for  me,  and  Mr.  Walker  received  me  with 
civility.  I  had  about  half  an  hour's  conversation  with  him 
concerning  the  Smithsonian  bequest,  and  gave  him  my  rea- 
sons for  arresting  in  the  House  of  Representatives,  on  the 
last  night  of  the  session,  the  bill  which  had  passed  the 
Senate.  I  mentioned  to  him  my  objection  to  the  organiza- 
tion of  the  board  of  managers,  qualified  as  a  committee  of 
Congress,  but  a  majority  of  whom,  though  elected  as  mem- 
bers, three  from  the  Senate  by  their  President  and  three 
from  the  House  by  their  Speaker,  would  be  no  longer  mem- 
bers when  called  to  act  as  members  of  the  Institution.  I 
told  him  of  the  absurd  amendment  proposed  in  the  House 
to  the  bill  from  the  Senate,  by  Robert  Dale  Owen,  of  Indi- 
ana, and  the  desperate  plunges  made  by  him,  and  by  Burke,, 
of  New  Hampshire,  to  force  the  bill  upon  the  House  in  its- 
last  agonies,  and  the  selfish  purpose  transparent  through 
their  motions — Burke's,  made  close  upon  the  midnight 
hour,  to  take  it  out  of  committee  in  ten  minutes. 

Mr.  Walker,  after  referring  to  his  agency  heretofore  as  a 
member  of  the  National  Institute,  which  was  unsuccessful, 
said  that  his  preference  for  the  employment  of  the  fund  was, 
first,  for  an  astronomical  observatory  on  my  plan  ;  and,  sec- 
ondly, for  a  large  library,  chiefly  of  such  books  as  are  not 
to  be  found  in  other  public  libraries.  He  would  cheerfully 
co-operate,  as  far  as  he  might  be  able,  to  carry  such  a  pur- 
pose into  effect.  He  agreed  with  me  that  a  corporation, 
and  not  a  committee  of  ex-members  of  Congress,  was  the 
proper  organization  for  the  management  of  the  fund,  and 
that  measures  should  be  taken  for  redeeming  the  principal 
and  interest  from  the  State  of  Arkansas.  I  left  him  with  a* 
lingering  hope  that  something  may  be  done  for  the  disposal 
of  the  bequest  at  the  next  session  of  Congress. 


796  MEMOIRS  OF  JOHN  QUINCY  ADAMS. 

DECEMBER  30,  1845. 

A  report  was  received  from  the  Secretary  of  the  Treasury 
in  answer  to  a  resolution  inquiring  why  certain  sums  of 
money  due  to  the  State  of  Arkansas  had  been  withheld 
from  payment ;  and  the  answer  is  that  it  had  been  by  virtue 
of  a  joint  resolution  of  the  3d  March  last,  providing  that 
whenever  any  State  shall  have  been,  or  may  be,  in  default 
of  the  payment  of  interest  or  principal  on  investments  in 
its  stock,  or  bonds  held  by  the  United  States  in  trust,  it 
shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  retain 
the  whole,  or  so  much  thereof  as  may  be  necessary,  of  the 
percentage  to  which  such  State  may  be  entitled  of  the  pro- 
ceeds of  the  sales  of  the  public  lands  within  its  limits,  and 
apply  the  same  to  the  payment  of  said  interest  or  principal, 
or  to  the  reimbursement  of  any  sums  of  money  expended 
by  the  United  States  for  that  purpose.  This  provision  was 
first  introduced  into  an  act  of  Congress  by  me  in  1842,  and 
is  the  only  check  which  I  believe  practicable  to  an  enor- 
mous system  of  swindling  and  plunder  by  some  of  the 
Democratic  States  upon  the  Treasury  of  the  Union. 

JANUARY  23,  1846. 

I  attended  at  the  Capitol  a  meeting  of  the  committee  on 
the  Smithsonian  bequest.  There  were  present,  Owen, 
Adams,  Jenkins,  Marsh,  Sims,  Davis,  and  Wilmot — all  the 
members.  The  discussion  was  renewed  upon  the  question 
whether  the  directors  of  the  Institution  should  be  consti- 
tuted in  express  terms  a  corporation;  for  which  purpose 
the  chairman,  Owen,  moved  a  reconsideration  of  the  de- 
cision made  at  the  last  meeting.  It  was  again  debated,  and 
again  decided  to  make  it  a  corporation — the  vote  now  being 
four  to  three,  Owen,  chairman,  changing  his  vote  to  the 
negative,  and  Sims,  of  South  Carolina,  still  voting  for  the 
corporation,  with  the  avowed  intention  of  voting  against 
the  whole  bill,  and  declaring  his  purpose  to  have  the  whole 
money  sent  back  to  the  English  court  of  chancery. 

I  told  him  that  I  thought  that  proposition  came  rather 
late,  after  the  formal  acceptance  of  the  bequest,  arid  the 
appropriation  of  the  money  to  other  purposes,  with  a  formal 
pledge  of  the  faith  of  the  United  States  that  it  should  be 
applied  to  the  objects  designated  by  the  donor. 

It  was,  however,  the  original  proposition  of  John  C.  Cal- 
houn,  and  will  be  persisted  in  by  the  South  Carolina  school 
of  politics  and  morals  to  the  last,  without  any  idea  of  re- 
turning the  money,  but  with  the  purpose  of  defeating  any 
useful  application  of  it, 


MEMOIRS    OF   JOHN   QUINCY   ADAMS.  797 

I  proposed  a  provision  that  all  the  proceeds  of  the  be- 
quest be  placed  in  the  possession  of  the  Treasurer  of  the 
United  States,  with  a  direction  that  separate  accounts  of  it 
should  be  kept  from  those  of  all  the  other  accounts  at  the 
Treasury.  This  had  been  done  in  the  act  of  1836,  which 
the  committee  considered  as  no  longer  obligatory,  since  the 
investment  of  the  fund,  almost  entirely,  in  stocks  of  the 
United  States.  The  provision  itself  in  the  act  of  1836  was 
questioned,  until  I  produced  it;  and  the  provision  was  now, 
at  my  motion,  re-inserted  in  the  present  bill.  The  com- 
mittee adjourned  to  next  Friday. 

JANUARY  30,  1846. 

At  ten  o'clock  this  morning  I  attended  a  meeting  of  the 
select  committee  on  the  Smithsonian  bequest.  Present,  six 
members — Owen,  Adams,  Jenkins,  Sims,  Davis,  Wilmot; 
absent,  Marsh,  of  Vermont,  who  afterwards  told  me  that  it 
was  because  he  had  forgotten  the  time  of  the  meeting. 
Some  progress — very  little — was  made  in  the  discussion  of 
Mr.  Owen's  bill.  In  the  sixth  section  provision  is  made  for 
a  superintendent  to  take  charge  of  the  ground,  buildings, 
and  property  belonging  to  the  Institution,  and  also  for  the 
appointment  of  a  professor  of  agriculture,  horticulture,  and 
rural  economy,  and  for  a  distribution  among  the  people  of 
the  Union  of  fruits,  plants,  seeds,  and  vegetables,  to  be  col- 
lected by  this  superintendent  with  the  professor ;  and  gar- 
deners, practical  agriculturists,  and  laborers,  to  be  hired 
from  time  to  time  by  him  as  may  be  necessary. 

I  moved  to  strike  out  this  section,  which  I  consider  as  a 
cumbersome,  expensive,  and  useless  burden  upon  the  Insti- 
tution. It  was  connected  also  with  a  further  project,  de- 
clared in  the  seventh  section,  for  the  appointment  of  a  nor- 
mal branch  of  the  Institution,  with  an  indefinite  number  of 
professors  of  common  school  and  other  scientific  instruc- 
tion— all  which  I  propose  to  expunge  from  the  bill.  The 
discussion  was  desultory,  and,  before  taking  the  question 
upon  it,  some  amendments  of  detail  to  the  sixth  section 
were  proposed,  and  debated  until  the  meeting  of  the  House, 
when  the  committeee  adjourned  to  next  Friday. 

FEBRUARY  13,  1846. 

I  attended  the  meeting  of  the  select  committee  upon  the 
Smithsonian  bequest;  all  the  members  present — Owen, 
Adams,  Jenkins,  Sims,  Davis,  Marsh,  Wilmot.  Mr.  Owen's 
bill  was  further  discussed.  The  question  was  taken  upon 
my  motion  to  strike  out  the  provision  for  the  appointment 


798  MEMOIRS   OF  JOHN    QUINCY   ADAMS. 

of  professors  of  agriculture  and  horticulture,  and  for  the 
-establishment  of  teachers  for  normal  schools,  both  of  which, 
however,  were  carried  by  a  vote  of  five  to  two.  There  was 
in  the  bill  an  appropriation  of  five  thousand  dollars  a  year 
for  the  formation  of  a  library.  I  moved  to  strike  out  in  j 
this  section  the  word  "  five  "  and  insert  "  twenty ; "  believ- 
ing this  better  adapted  to  promote  and  increase  the  diffusion 
of  knowledge  among  men  than  the  waste  of  the  funds  to ' 
pay  the  expenses  of  schools  for  children — a  duty  which  I 
believe  incumbent  upon  the  American  people  themselves, 
who  will  be  disgraced  by  recurring  to  a  foreigner  for  charges 
which  they  ought  to  support  themselves. 

My  motion  was,  however,  rejected,  and  the  commit 
were  prepared  to  report  the  bill  as  the  majority  of  them 
have  shaped  it.     A  question  was,  however,  reserved  for  the 
next  meeting  on  Friday  next. 

FEBRUARY  20,  1846. 

I  attended  this  morning  a  meeting  of  the  select  committee 
on  the  Smithsonian  bequest.  Present,  Owen,  chairman, 
Adams,  Sims,  and  Jenkins.  There  was  some  furtlu-r  dis- 
cussion upon  the  amendments  proposed  to  the  bill,  but  with- 
out coming  to  a  conclusion.  The  committee  adjourned  u#ai  n 
to  meet  next  Friday,  with  a  view  then  to  direct  the  chair- 
man to  report  the  bill  as  amended.  I  said  I  should  not 
object  to  this,  but  should  not  hold  myself  bound  to  support 
it  in  the  House.  Mr.  Sims  said  that  his  objection  to  it  as 
unconstitutional  remained  in  full  force  in  his  mind. 

FEBRUARY  27,  1846. 

At  ten  o'clock  this  morning  I  attended  a  meeting  of  the 
select  committee  on  the  Smithsonian  bequest.  Present, 
Owen,  chairman,  Adams,  Sims,  Jenkins,  Marsh,  and  Jeffer- 
son Davis;  absent,  Wilmot.  The  chairman,  conformably 
to  the  order  adopted  at  the  last  meeting,  had  prepared  a 
report  to  be  submitted  with  the  bill  to  the  House.  It  con- 
tained a  statement  of  the  embezzlement  of  the  fund  by  in- 
vesting it  in  the  stocks  of  the  States  of  Arkansas,  Illinois, 
and  Michigan.  I  had  moved  to  have  this  statement  made 
and  provided  for  in  the  bill ;  but,  excepting  Mr.  Marsh,  no 
other  member  of  the  committee  would  consent  to  it.  They 
were  unwilling  to  uncover  the  nakedness  of  the  States! 
They  consented,  however,  with  reluctance,  to  have  it  made 
in  the  report,  which  Mr.  Owen  had  rather  awkwardly  done, 
with  an  expression  of  the  opinion  of  the  committee  that 


MEMOIRS    OF  JOHN   QUINCY  ADAMS.  799 

there  would  be  no  ultimate  loss  to  the  United  States  of  the 
funds  thus  invested. 

I  moved  to  strike  out  of  the  report  this  expression  of 
confidence,  which  I  could  not  honestly  avow.  It  was  accord- 
ingly struck  out,  leaving  a  bare  statement  of  the  facts  to  be 
made. 

The  chairman  was  directed,  in  presenting  the  report  and 
bill,  to  move  that  they  should  be  printed  and  made  the 
special  order  of  the  day  for  the  second  Tuesday  in  April. 
The  committees  of  the  House  upon  this  subject  have  here- 
tofore been  unanimous  in  the  reports — all  which  have  been 
made  by  me.  But  the  House  has  never  been  prevailed  upon 
to  take  them  into  consideration.  In  this  committee  no  two 
members,  excepting  Mr.  Marsh  and  myself,  have  agreed  in 
opinion  with  regard  to  the  future  management  of  the  fund. 
I  doubt  if  there  will  be  more  harmony  in  the  House,  for 
never  was  there  a  benevolent  and  charitable  purpose  more 
unfortunately  endowed  than  that  of  James  Smithson,  en- 
trusted to  the  good  faith  and  intelligence  of  the  North 
American  Congress. 

APRIL  22,  1846. 

At  the  House,  the  bill  to  establish  the  Smithsonian  Insti- 
tution for  the  increase  and  diffusion  of  knowledge  among 
men  was  taken  up  in  Committee  of  the  Whole  on  the  state 
of  the  Union — Armistead  Burt,  of  South  Carolina,  in  the 
chair.  It  was  read  through  for  information,  and  then  taken 
up  by  sections  for  amendment. 

George  "W.  Jones,  of  Tennessee,  moved  to  strike  out  the 
first  section  ;  that  is,  to  reject  the  bill. 

Robert  Dale  Owen  delivered  an  hour  speech  in  support  of 
the  bill,  dwelling  chiefly  upon  the  parts  of  it  appropriating 
funds  for  the  education  and  training  of  teachers  for  normal 
schools  throughout  the  Union — in  my  opinion  the  worst 
feature  of  the  bill. 

Jones'  objection  was  chiefly  to  the  organization  of  the 
trustees  of  the  fund  as  a  corporation,  which  he  contended 
was  not  within  the  constitutional  power  of  Congress  to 
create.  After  Owen's  speech,  Jones  withdrew  his  motion 
to  strike  out  the  first  section,  and  moved  to  amend  by  a  sec- 
tion authorizing  the  whole  bequest  to  be  returned  to  the 
lieirs  at  law,  or  next  of  kin,  or  residuary  legatees  of  Smith- 
son,  or  their  authorized  agents,  whenever  they  shall  demand 
the  same.  That  is  to  say,  to  deliver  to  them  the  State 
bonds  of  the  State  of  Arkansas,  Illinois,  and  Michigan, 
upon  which  neither  interest  nor  principal  is,  or  is  soon  likely 


800  MEMOIRS   OF  JOHN   QUINCY    ADAMS. 

to  be,  paid.  This  is  Mr.  Jones'  favorite  mode  of  dispos- 
ing of  a  fund  accepted  by  the  Congress  of  the  United  States 
with  the  pledge  of  their  faith  that  it  should  be  appropriated 
to  the  purposes  prescribed  by  the  donor.  This  motion  was 
discussed  by  the  mover,  by  Joseph  R.  Ingersoll,  by  F.  P. 
Stanton  of  Tennessee,  by  William  Sawyer  of  Ohio,  and  by 
Jefferson  Davis  of  Mississippi ;  after  which  the  committee 
rose  without  coming  to  a  conclusion. 

APRIL  23,  1846. 

At  the  House,  Linn  Boyd  moved  a  resolution  to  close 
debate  in  Committee  of  the  Whole  on  the  state  of  the 
Union  on  the  Smithsonian  bequest  bill  in  half  an  hour  after 
taking  it  up  in  committee.  Joseph  R.  Ingersoll  pleaded  for 
an  hour  and  a  half.  James  Graham,  of  North  Carolina, 
moved  to  lay  the  resolution  on  the  table;  which  was  done! 
and  the  House  went  into  committee  again,  Armistcad  Burl 
in  the  chair,  and  resumed  the  consideration  of  the  bill. 

Charles  J.  Ingersoll  informed  the  House  that  tin-  mana- 
gers of  the  conference  upon  the  notice  of  disagreement  had 
unanimously  agreed  upon  a  report,  but  that  it  could  not  be 
.communicated  to  this  House  until  it  should  have  been  acted 
upon  in  the  Senate. 

George  P.  Marsh,  of  Vermont,  made  an  hour  speech  upon 
the  Smithsonian  bequest  bill — one  of  the  best  speeches  ever 
delivered  in  the  House,  but  not  much  in  support  of  the  bill. 
His  desire  is  to  apply  a  very  large  portion  of  the  annual  in- 
terest upon  the  fund  to  the  establishment  of  a  public  library. 

Isaac  E.  Morse,  of  Louisiana,  followed,  to  whom  Owen 
replied,  and  was  followed  by  John  S.  Chipman,  of  Michi- 
gan, against  the  bill.  The  committeee  rose,  and  Owen 
moved  a  resolution  to  close  the  debate  in  Committee  of  the 
Whole.  Joseph  R.  Ingersoll  moved  to  amend  by  inserting 
three  hours;  but  the  resolution  itself  was  laid  on  the  table, 
ninety-three  to  forty-four.  Owen  asked  if  a  resolution  al- 
lowing an  hour  and  a  half  would  be  acceptable. 

I  requested  him  not  to  renew  the  question  in  any  form,  as 
I  wished  to  offer  a  substitute  for  the  whole  bill.  Objection 
was  made  to  this.  I  moved  a  suspension  of  the  rules — 
which  was  carried.  I  proposed  my  substitute  which  I  had 
prepared  this  morning ;  it  was  referred  to  the  Committee  of 
the  Whole  on  the  state  of  the  Union,  and  ordered  to  be 
printed.  The  consideration  of  the  bill  was  then  postponed 
to  next  Monday. 


MEMOIRS  OF  JOHN  QUINCY  ADAMS.  801 

APRIL  28,  1846. 

Committee  of  the  Whole  on  the  state  of  the  Union,  Ar- 
mistead  Burt  in  the  chair,  on  the  Smithsonian  bequest  bill. 
Sims,  of  South  Carolina,  opposed  the  bill  in  every  shape 
and  form  it  could  assume.  He  held  Congress  had  no  power 
by  the  Constitution  to  accept  such  a  trust,  and  was  for  re- 
turning the  money  to  the  chancery  of  England. 

I  made  a  desultory  speech  in  support  of  the  substitute 
proposed  by  me  for  the  bill.  They  were  both  debated  till 
the  committee  rose  without  coming  to  a  conclusion,  and 
other  amendments  were  proposed.  George  W.  Hopkins,  of 
Virginia,  moved  a  resolution  to  close  the  debate  in  Commit- 
tee of  the  Whole  in  one  hour  after  it  should  be  next  taken 
up — which  was  carried,  by  means  of  the  previous  question, 
and  the  House  adjourned. 


ACCOUNT  OF  THE 


UNITED  STATES  TREASURY 


WITH   THE 


SMITHSON  FUND. 


FROM  THE  BOOKS  OF  THE  TREASURY  DEPARTMENT. 


803 


804  TREASURY   ACCOUNT   WITH 


DR. 

THE  STATE  OF  ARKANSAS,  on  account  of  the  bonds  of  said 
sonian  Institution,  under  the  6th  section  of  an  act  of  Congress, 
in  trust,  for  the  uses  specified  in  the  last  will  and  testament  of 

Auditor's  Report,  No.  103,877 :  QM«.  Par  value. 

For  amount  of  said  bonds,  No.  1  to  500,  of 

$1,000  each,  dated  January  1,  1838,  payable 

26th  October,  1861,  purchased  per  Warrant 

No.  9512,  4th  September,  1838,  at  99T^  per 

cent.,  bearing  6  per  cent,  interest  from  Sep- 

/       tember,  5,  1838,  at  a  cost  of $499,500  00       $500,000  00 

For  amount  of  said  bonds,  No.  401  to  410,  of 

$1,000  each,  dated  January  1,  1838,  payable 

1st  of  January,  1868,  purchased  per  Warrant 

No.  10352,  29th  December,  1838,  at  par,  bear- 
ing 6  per  cent,  interest  from  1st  of  January, 

1839,  at  a  cost  of _—       10,00000  10,00000 

For  amount  of  said  bonds,  No.  282  to  294,  of 

$1,000  each,  dated  January  1,  1838,  payable 

1st  January,  1868,  purchased  per    Warrant 

No.  1949,  6th  July,  1839,  at  98 J  per  cent., 

bearing  6  per  cent,  interest  from  1st  July, 

1839,  at  a  cost  of 12,83750  13,00000 

For  amount  of  said  bonds,  No.  359  to  373,  of 

$1,000  each,  dated  January  1,  1838,  payable 

1st  of  January,  1868,  purchased  per  Warrant 

No.  5859,  21st  September,  1840,  at  69J  per 

cent.,  bearing  6  per  cent,  interest  from  1st 

July,  1840,  at  a  cost  of 10,555  00  15,000  00 


Cost $532,892  50 


Principal $538,000  00 

For  amount  of  interest,  on  said  bonds,  to  31st 
December,  1849,  viz: 

On  $500,000,  from  6th  of  September,  1838,  to 
31st  December,  1849 339,619  57 

On  $10,000,  from  1st  of  January,  1839,  to  31st 
December,  1849 6,600  00 

On  $13,000,  from  1st  of  July,  1839,  to  31st  De- 
cember, 1849 8,190  00 

On  $15,000,  from  1st  of  July,  1840,  to  31st  De- 
cember, 1849 8,550  00 


302,959  5T 
$900,959  57 


THE   SMITHSON   FUND. 


805 


CR. 

.State,  purchased  as  an  investment  of  moneys  belonging  to  the  Smith- 
approved  July  7,  1838,  in  account  with  the  Secretary  of  the  Treasury , 
James  Smithson. 

J3y  amount  received  for  interest  accruing  on 

said  bonds,  covered  by  the  following  warrants 

in  favor  of  the  Treasurer,  viz  : 
Tart  of  Warrant  No.  3212,  dated  29th  Decem- 
ber, 1838— deposit : $9,619  57 

Part  of  Warrant  No.  3597,  dated  1st  July, 

1839— deposit 15,300  00 

Tart  of  Warrant  No.  276,  dated  3d  February, 

1840— deposit 15,690  00 

Tart  of  Warrant  No.   502,  dated  30th  July, 

1840— deposit 15,690  00 

Tart  of  Warrant  No.  789,  dated  1st  February, 

1841— deposit 16,140  00 

Warrant   No.    943,  dated  30th   June,  1841— 

deposit 5,000  00 

Tart  of  Warrant  No.  1058,  dated  7th  August, 

1841— deposit 10,00000 

"Warrant  No.  1085,  dated  18th  September,  1841, 

deposit 1,140  00 

'Warrant  No.  1599,  dated  13th  December,  1842, 

distributive  share  of  proceeds  of  sales  of  pub- 
lic lands 4,482  79 

Warrant  No.  1782,  dated  20th  April,  1843— 

distributive  share  of  proceeds  of  sales  of  pub- 
lic lands 529  37 

"Warrant  No.  2558,  dated  2d  May,  1845—5  per 

cent,  on  net  proceeds  of  sales  of  public  lands 

in  the  State 7,617  56 

"Warrant  No.  2681,  dated  23d  August,  1845— 

5  per  cent,  on  net  proceeds  of  sales  of  public 

lands  in  the  State 1,788  76 

"Warrant  No.  3505,  dated  5th  April,  1847—5 

per  cent,  on  net  proceeds  of  sales  of  public 

lands  in  the  State 870  62 

'Warrant  No.  3699,  dated  7th  July,  1847—5  per 

cent,  on  net  proceeds  of  sales  of  public  lands 

in  the  State 2,609  28 

$106,477  95 
35y  balance  due  from  the  State  of  Arkansas,  viz : 

.For  principal  of  said  bonds $538,000  00 

Interest  to  31st  December,  1849 256,481  62 

794,481  62 

$900,959  67 


806 
DR. 


TREASURY   ACCOUNT   WITII 
Arkansas  Account — Continued. 


Auditor's  Report,  'No.  113,529  : 
To  balance  due  from  said  State,  per  Report  No. 
103,877 

To  interest  on  $538,000,  being  the  amount  of 

Principal   of  said  bonds,  from   January   1, 
850,  to  December  31, 1853,  at  6  per  cent,  per 
cent,  per  annum 


$794,481  CiT 
129,120  00 


$923,601  02 

No.  116,528: 
To  balance  due  from  said  State,  per  Report  No. 

113,529 $899,036  32 

To  interest  on  $538,000,  being  the  amount  of 

principal  of  said  bonds,  from  1st  of  January 

to  31st  of  December,  1854,  at  6  per  cent,  per 

annum ___ _ 32,280  00 

$931,916  32 

No.  127,145: 
To  balance  due  from  said  State,  per  Report  No. 

116,528 $918,456  03 

To  interest  on  $538,000,  being  the  amount  of 

principal  of  said  bonds,  from  1st  of  January, 

1855,  to  December  31st,  1856,  2  years,  at  6 

per  cent  per  annum 64,560  00 

$983,016  03 

No.  138,174: 
To  balance  due  from  said  State,  per  Report  No. 

127,145 $974,702  88 

To  interest  on  $538,000,  being  the  amount  of 

principal  of  said  bonds,  from  January  1,  1857, 

to  December  31,  1859,  3  years,  at  6  per  cent. 

per  annum 96,840  00 


-    $1,071,542  88 


THE   SMITHSON   FUND. 


807 


Arkansas  Account — Continued.  CR. 

By  amount  received  for  interest  accruing  on 

said  bonds,  covered  by  the  following  warrants 

in  favor  of  the  Treasurer,  as  per  statement  of 

the  Eegister  of  the  Treasury,  viz  : 

No.  5013,  dated  May  28,  1849 $8,396  73 

No.  61,  dated  June  3,  1850 3,009  71 

No.  14,  dated  July  19,  1851 3,617  06 

No.  9,  dated  November  10,  1852 8,941  80 

$23,965  30 

By  balance  due  from  the  State  of  Arkansas, 

viz : 

For  principal  of  bonds $538,000  00 

For  interest 361,636  32 

899,636  32 


$923,601  62 


By  amount  received  for  interest  accruing  on 

said  bonds,  covered  by  the  following  warrants 

in  favor  of  the  Treasurer,  as  per  certificate 

of  the  Register : 

No.  3,  dated  April  6,  1854 $3,271  60 

No.  27,  dated  October  31,  1854 10,188  69 

$13,460  29 

By  balance  due  from  the  State  of  Arkansas, 

viz  : 

For  principal  of  bonds $538,000  00 

For  interest 380,456  03 

918,456  03 


$931,916  32 


By  amount  received  for  interest  accruing  on 

said  bonds,  covered  by  Warrant  No.  102  in 

favor  of  the  Treasurer,  dated  June  28,  1856 $8,313  15 

By  balance  due  from  the  State  of  Arkansas, 

viz  * 

For  principal  of  bonds $538,000  00 

For  interest 436,702  88 

974,702  88 


$983,016  03 


By  "Warrant  No.  20  in  favor  of  the  Treasurer, 

'dated  January  7,  1858 $18,700  79 

By  balance  due  from  the  State  of  Arkansas, 

viz: 

For  principal  of  said  bonds $538,000  00 

For  interest 514,842  09 

1,052,842  09 


$1,071,542  88 


808  TREASURY    ACCOUNT   WITH 

DR.  Arkansas  Account — Continued. 

Auditor's  Report,  No.  146,387  : 
To  balance  due  from  said  State,  per  Report  No. 

138,174 $1,052,842  00 

To  interest  on  $538,000,  being  the  amount  of 

principal  of  said  bonds,  from  January,  1860, 

to  January  1, 1863,  3  years,  at  6  per  cent,  per 

annum 96,840  00 


$1,149,682  00 


No.  148,045: 
To  balance  due  from  said  State,  per  Report  No. 

146,387- - - $1,149,682  09 

To  interest  on  $538,000,  being  the  amount  of 

principal  of  said  bonds,  from  January  1  to 

June  30,  1863,  at  6  per  cent,  per  annum 16,140  00 


$1,165,822  01) 


No.  172,750 : 
To  amount  due  from  said  State,  per  Report  No. 

148,045— $1,146,187  34 

To  interest  on  $538,000,  being  the  amount  of 

principal  of  said  bonds,  from  July  1, 1863,  to 

December  31, 1869 _ 209,820  00 


$1,356,007  34 


No.  199,302 : 
To  amount  due  from  said  State,  per  Report  No. 

172,750 . $1,290,0(35  53 

To  interest  on  $538,000,  being  the  amount  of 

principal  of  said  bonds,  from  January   1, 

1870,  to  December  31,  1875 1 193,080  00 

$1,483,745  53 


THE    SMITHSON   FUND.  809 

Arkansas  Account — Continued.  CR. 

By  balance  due  from  the  State  of  Arkansas, 


viz  : 


Fbr  principal  of  bonds  ----------------------   $538,000  00 

interest~  11,68SM)9 


$1,149,682  09 


$1,149,682  09 


By  Warrant  No.  116  in  favor  of  the  Treasurer, 

dated  August  18,  1863  ..__  $19>634  75 

By  balance  due  from  the  State  of  Arkansas, 

principal  of  bonds -    $538,000  00 

Tor  interest..  08,187^4  ?  ^ 


$1,165,822  09 


By  Warrant  No.  137  in  favor  of  the  Treasurer, 

dated  30th  September,  1860 .-- 65>94 

By  balance  due  from  the  said  State  of  Arkan- 

l^cU  of  bonds___- $538,000  00 

Tor  interest-  7o2,0653 


$1,356,007  34 


By  balance  due  from  the  said  State  of  Arkan- 
sas, viz : 
Tor  principal  of  bonds $538,000  00 

"F/vr  intorPflf  y4u,74O    OO 

$1,483,745  53 

$1,483,745  53 


810  TREASURY   ACCOUNT   WITH 

DR. 

THE  STATE  OF  MICHIGAN,  on  account  of  the  stock  of  said 
sonian  Institution,  under  the  Qth  section  of  an  act  of  Congress, 
in  trust,  for  the  uses  specified  in  the  last  will  and  testament  of 

Auditor's  Report,  No.  103,878:  Cost.         Par  value. 

For  amount  of  8  "special  certificates"  of  the  stock 

of  said  State,  No.  76  and  No.  86  to  92  inclusive, 

dated  1st  May,  1838,  for  $1,000  each,  payable  on  the 

first  Monday  in  July,  1858,  or  at  any  time  thereafter 

that  the  State  may  choose,  purchased  per  Warrant 

No.  10,146,  November  23,  1838,  at  par,  bearing  6 

per  cent,  interest  from  1st  May,  1838— cost $8,000  00  $8,000  00 

For  interest  from  1st  May  to  23d  November,  1838 — 

cost _ 270  67 

For  amount  of  interest  accruing  on  said  certificates 

from  1st  May,  1838,  to  31st  December,  1849... 5,600  00 


$13,600  00 


No.  113,547 : 
To  amount  due  from  said  State,  per  Report  No.  103,- 

878 $8)000  00 

To  interest  on  said  bonds  from  1st  January,  1850,  to 

December  31,  1853,  at  6  per  cent 1,920  00 


$9,920  00 


THE   SMITHSON   FUND.  811 

CR. 

State  purchased  as  an  investment  of  moneys  belonging  to  the  Smith- 
approved  July  7,  1838,  in  account  with  the  Secretary  of  the  Treasury, 
James  Smithson. 

By  amount  received  for  interest  on  said  certificates, 

covered  by  the  following  warrants  in  favor  of  the 

Treasurer,  viz  : 
Part  of  Warrant  No.  3212,  dated  29th  December,  ^ 

Warrant  N^^SgBrda'tensVYulVriSSg-deposit     240  00 

Part  of  Warrant  No.  276,  dated  3d  February,  11  ^  ^ 

PartPrf Warrant  ¥o~.~  5027  ~d~aYe~d~~l  3th  j'iily,  1840-  ^  ^ 

PartPofSVarranrNo7Y8V,"dated  1st  February,  1841—  ^  ^ 

artPofS1WarranrNorio"58Vdated  7th  August,  1841—  ^  ^ 

"Warcant  No."  1593"da"ted"  26th"  November,  ^-dis- 
tributive share  of  proceeds  of  sales  of  public  lands 

Warrant  No.  1780,  dated  20th  April,  1843-distribu- 

tive  share  of  proceeds  of  sales  of  public  lands *w 

Warrant  No.  2679,  dated  23d  August,  1845-5  per 

cent,  of  net  proceeds  of  sales  of  lands  in  said  State 1,^U 

Warrant  No.  2876,  dated  10th  February,  1846-5  per 

cent,  of  net  proceeds  of  sales  of  land  m  said  State 

Warrant  No.  3503,  dated  5th  April,  1847—5  per  cent. 

of  net  proceeds  of  sales  of  land  in  said  State 

Warrant  No.  3697,  dated  7th  July,  1847-5  per  cent. 

of  net  proceeds  of  sales  of  land  in  said  State 

Warrant  No.  4849,  dated  20th  September,  1848—0  per 

cent  of  net  proceeds  of  sales  of  land  m  said  State 

Warrant  No.  5009,  dated  23d  May,  1849-5  per  cent. 

of  net  proceeds  of  sales  of  land  in  said  State 

Warrant  No.  69,  dated  19th  June,  1850-5  per  cent. 

of  net  proceeds  of  sales  of  land  in  said  State ^ 

AWmt  of  interest  received _—----- $5>600  °° 

By  balance  due  from  the  State  of  Michigan,  for  the 
principal  of  said  certificates -"\J2__ 

$13,600  00 


By  amount  received  for  interest  on  said  stocks,  covered 
by  the  following  warrants  in  favor  of  the  Treasurer, 

No.' 11,  dated  July  16,  1851 $720  00 

No.  21,  dated  May  4,  1852 240  00 

By  balance  due  from  the  State  of  Michigan  : 

For  the  principal  of  said  stock *^<5n  nn 

For  interest  to  31st  December,  1853 -  W 


$9,920  00 


TREASURY   ACCOUNT    WITH 

DR.  Michigan  Account — Continued. 

Auditor's  Report,  No.  127,148 : 
To  amount  due  from  said  State,  per  Report  No.  113,- 

547 $8,960  OC 

To  interest  on  said  bonds  from  1st  January,  1854,  to 

December  31,  1856,  at  6  per  cent 1,440  OC 


$10,400  OC 


No.  133,350 : 
To  amount  due  from  said  State,  per  Report  No.  127,- 

148 $8,240  00 

To  interest  on  said  bonds  from  1st  January,  1857,  to 

July  1,  1858,  at  6  per  cent 720  00 


$8,960  00 
Account  closed. 


THE    SMITHSON    FUND.  813 

Michigan  Account — Continued.  GR. 

By  amount  received  for  interest  on  said  stocks,  covered 

by  the  following  warrants  in  favor  of  the  Treasurer, 

viz  : 

No.  2,  dated  April  6,  1854 $959  51 

No.  80,  dated  July  19, 1855 —         720  49 

No.  30,  dated  October  15, 1856 480  00 

$2,160  00 

By  balance  due  from  the  State  of  Michigan  : 

For  the  principal  of  said  stock $8,000  00 

For  interest 240  00 

8,240  00 

$10,400  00 


By  amount  received  for  principal  and  interest  of  said 

stocks,  covered  by  the  following  warrants  in  favor 

of  the  Treasurer : 

No.  177,  dated  August  21,  1857 $480  00 

No.  151,  dated  November  26,  1858 480  00 

No.  149,  dated  November  24,  1858 —     8,000  00 

$8,960  00 

$8,960  00 
Account  closed. 


$14  TREASURY   ACCOUNT   WITH 


DR. 

THE  STATE  OF  ILLINOIS,  on  account  of  the  bonds  of  said 
sonian  Institution,  under  the  6f/i  section  of  an  act  of  Congress 
in  trust,  for  the  uses  specified  in  the  last  will  and  testament  of 

Auditor^  Report,  No.  103,879 :  Cost.          Par  value. 

For  amount  of  said  bonds,  viz  :  Nos.  70,  71,  73,  74, 

and  No.  81  to  89  inclusive,  dated  31st  July,  1837, 

payable  at  the  pleasure  of  the  State  after  the  year 

1860 ;  Nos.  2457, 2459,  and  2460,  dated  1st  January, 

1838,  payable  at  the  pleasure  of  the  State  after  the 
1st  January,  1870 ;  Nos.  2629,  2632,  2634, 2636, 2639, 
2646,  2658,  2660,  2661,  and  2664,  dated  1st  July, 

1839,  payable  at  the  pleasure  of  the  State  after  1st 
January,  1870— in  all,  26  bonds  of  $1,000  each, 
bearing  6  per  cent,  interest  from  1st  January,  1840, 
purchased  per  Warrant  No.  3795,  February  3, 1840, 

at  73  per  cent,  cost $18,980  00 $26,000  00 

For  amount  of  6  bonds,  of  $1,000  each,  No.  261  to  266 
inclusive,  dated  1st  May,  1840,  payable  at  the  pleas- 
ure of  the  State  after  1st  January,  1870,  bearing  6 
per  cent,  interest  from  1st  July,  1840,  purchased  per 
Warrant  No.  6573,  December  3,  1840,  at  69J  per 
cent. — cost,  with  interest  from  1st  July  to  7th  Au- 
gust, 1840,  paid,  $4,185  +  38 J -  4,223  00  6,000  00 

For  amount  of  said  bonds,  viz  :  No.  1237  to  1246  in- 
clusive, dated  1st  July,  1839,  payable  at  the  pleasure 
of  the  State  after  the  year  1860,  and  No.  287  to  300 
inclusive,  dated  1st  May,  1840,  payable  at  the  pleas- 
ure of  the  State  after  the  1st  January,  1870— in  all, 
24  bonds  of  $1,000  each,  bearing  6  per  cent,  interest 
from  1st  January,  1841,  purchased  per  Warrant 
No.  7144,  February  1,  1841,  at  79 £  per  cent.— cost, 
with  interest  from  1st  January  to  1st  February, 
1841,  paid,  $19,080  +  120 .  19,200  00  24,000  00 

Cost,  of  which  $158  is  interest  paid. $42,403  00 


Amount  of  principal $56,000  00 

For  interest  accruing  on  said  bonds  to  31st  December, 

1849: 
On  $26,000,  from  1st  January,  1840,  to  31st  December, 

1849 15,600  00 

On  $6,000,  from  1st  July,  1840,  to  31st  December, 

1849 3,420  00 

On  $24,000,  from  1st  January,  1841,  to  31st  December, 

1849 .    12,960  00 

31,980  00 

$87,980  00 


THE   SMITHSON   FUND. 


815 


CR. 

State,  purchased  as  an  investment  of  moneys  belonging  to  the  Smith- 
approved  July  7,  1838,  in  account  with  the  Secretary  of  the  Treasury, 
James  Smithson. 

By  amount  received  for   interest  accruing   on  said 

'bonds,  covered  by  the  following  warrants  in  favor 

of  the  Treasurer,  viz  : 
Part  of  Warrant  No.  502,  dated  13tli  July,  1840— 

deposit $780  00 

Part  of  Warrant  No.  789,  dated  1st  February,  1841— 

deposit i 960  00 

Part  of  Warrant  No.  1058,  dated  7th  August,  1841— 

deposit 1,680  00 

Warrant  No.  1001,  dated  13th  December,  1842— dis- 
tributive share  of  proceeds  of  sales  of  public  lands 3,360  00 

Warrant  No.  1779,  dated  20th  April,  1843— distribu- 
tive share  of  proceeds  of  sales  of  public  lands 1,680  00 

Warrant  No.  2680,  dated  23d  August,  1845—3  per 

cent,  of  net  proceeds  of  lands  within  the  State 8,400  00 

Warrant  No.  3231,  dated  lit  January,  1847—3  per 

cent,  of  net  proceeds  of  lands  sold  within  the  State 5,040  00 

Warrant  No.  3695,  dated  6th  July,  1847—3  per  cent. 

of  net  proceeds  of  lands  sold  within  the  State 1,680  00 

Warrant  No.  4518,  dated  llth  May,  1848—3  per  cent. 

of  net  proceeds  of  lands  sold  within  the  State 1,680  00 

Warrant  No.  4957,  dated  14th  March,  1849—3  per 

cent,  of  net  proceeds  of  lands  sold  within  the  State 3,360  00 

Warrant  No.  47,  dated  23d  May,  1850—3  per  cent,  of 

net  proceeds  of  lands  sold  within  the  State 3,360  0' 

$31,980  00 

By  balance  due  from  the  State  of  Illinois  : 
For  principal  of  said  bonds 56,00! 


$87,980  00 


816  TREASURY   ACCOUNT   WITH 

Illinois  Account  —  Continued. 


Auditor's  Report,  No.  113,530  : 
To  amount  due  from  said  State,  per  Keport  No.  103,- 

879  _._  __________________________________________________  $56,000  (K) 

To  interest  from  1st  January,  1850,  to  31st  December, 

1853,  at  0  per  cent  ----------  .......  —  -    18,4-10  00 


$69,440  00 


No.  127,150: 
To  amount  due  from  said  State,  per  Keport  No.  113,- 

530 $62,720  00 

To  interest  on  $56,000,  the  principal  of  said  bonds, 

from  1st  January,  1854,  to  December  31,  1856,  at  6 

per  cent 10,080  00 


$72,800  00 


No.  136,777  : 
To  amount  due  from  said  State,  per  Report  No.  127,- 

150 $57,680  00 

To  interest  on  $56,000,  the  principal  of  said  bonds, 

from  1st  January,  1857,  to  December  31st,  1859,  at 

6  per  cent 10,080  00 


$67,760  00 


No.  144,302 : 
To  amount  due  from  said  State,  per  Report  No.  136.- 

777 $62,720  00 

To  interest  on  $56,000,  the  principal  of  said  bonds, 

from  1st  January,  1860,  to  December  31,  1861,  at  6 

per  cent 6,720  00 


$69,440  00 


THE   SMITHSON    FUND.  817 

Illinois  Account — Continued.  CR. 

By   amount  received  for  interest  accruing  on  said 

bonds,  covered  by  the  following  warrants  in  favor 

of  the  Treasurer,  viz  : 

No.  26,  dated  May  7,  1851 $3,360  00 

No.  30,  dated  May  19,  1852 3,360  00 

$6,720  00 

By  balance  due  from  the  State  of  Illinois  : 

For  principal  of  bonds $56,000  00 

For  interest 6,720  00 

—   62,720  00 


$69,440  00 


By  amount  received   for   interest  accruing  on  said 

'bonds,  covered  by  the  following  warrants  in  favor 

of  the  Treasurer,  viz  : 

No.  142,  dated  March  15,  1854 $6,720  00 

No.  31,  dated  July  19,  1855 5,040  00 

No.  90,  dated  August  6,  1856 3,360  00 

$15,120  00 

By  balance  due  from  the  State  of  Illinois  : 

For  principal  of  bonds $56,000  00 

For  interest 1,680  00 

57,680  00 


$72,800  00 


By  amount  received  for  interest  accruing  on  said 

bonds,  covered  by  the  following  warrant  in  favor  of 

the  Treasurer,  viz  : 

No.  51,  dated  January  29,  1858 $5,040  00  $5,040  00 

By  balance  due  from  the  State  of  Illinois  : 

For  principal  of  bonds 56,000  00 

For  interest 6,720  00 

62,720  00 


$67,760  00 


By  amount  received  for  interest  accruing  on  said 
bonds,  covered  by  warrants  in  favor  of  the  Treas- 
urer, viz  : 

No.  151,  dated  March  20,  1860 §1,887  12 

No.  6,  dated  April  3,  1860 1,472  88 

No.  138,  dated  May  29,  1860 3,360  00 

Part  of  No.  14,  dated  July  24,  1860 1,680  00 

Part  of  No.  106,  dated  February  20,  1861 1,680  00 

Part  of  No.  67,  dated  November  6,  1861 1,680  00 

$11,760  00 

By  balance  due  from  the  State  of  Illinois  : 

For  principal  of  bonds $56,000  00 

For  interest 1,680  00 

—   57,680  00 


$69,440  00 


818  TREASURY   ACCOUNT   WITH 

DR.  Illinois  Account — Continued. 

Auditor's  Report,  No.  140,398  : 
To  amount  due  from  said  State,  per  Report  No.  144,- 

302 $57,680  00 

To  interest  on  $56,000,  the  principal  of  said  bonds, 

from  January  1  to  December  31,  1862,  at  6  per  cent 3,360  00 


$61,040  00 


No.  199,745 : 

To  amount  due  from  said  State,  per  Report  No.  146,- 
398 $57,680  00 

To  interest  on  $56,000  from  January  1,  1863,  to  De- 
cember 31,  1867,  at  6  per  cent.— 5  years 16,800  00 

To  interest  on  $10,000,  January  1  to  February  15, 

1868 $75  00 

To  interest  on  $13,000,  January  1  to  February  22, 

1868 112  67 

To  interest  on  $33,000,  January  1  to  March  9,  1868—        379  50 

5G7  17 


$75,047  17 
Account  closed. 


THE   SMITHSON    FUND.  819 

Illinois  Account — Continued.  CR. 

By  amount  received  for  interest  accruing  on  said 
bonds,  covered  by  warrants  in  favor  of  the  Treas- 
urer : 

Part  of  No.  18,  dated  January  14,  1862 $1,680  00 

Part  of  No.  27,  dated  February  11, 1863 1,680  00 

$3,360  00 

By  balance  due  from  the  State  of  Illinois  : 

For  principal  of  bonds $56,000  00 

For  interest 1,680  00 

67,680  00 


$61,040  00 


By  warrants  in  favor  of  the  Treasurer : 

Part  No.  181,  dated  September  9, 1862 $1,680  00 

Part  No.  80,  dated  August  8,  1863 1,680  00 

Part  No.  74,  dated  February  13.  1864 1,680  00 

Part  No.  182,  dated  September  20,  1864 ,680  00 

Part  No.  13,  dated  January  7,  1865 ,680  00 

Part  No.  82,  dated  July  27,  1865 ,080  00 

Part  No.  174,  dated  February  8,  1866 ,680  00 

No.  270,  dated  February  18,  1867 3,360  00 

No.  763,  dated  September  30,  1867 -  1,680  00 

No.  627,  dated  March  24,  1868 1,680  00 

$18,480  00 

No.  628,  dated  March  24,  1868— principal,  $56,000  + 
interest,  $567.17 56,567  17 

$75,047  17 
Account  closed. 


820  TREASURY  ACCOUNT   WITH 


DR. 

THE  STATE  OF  OHIO,  on  account  of  the  bonds  of  said  Stater 
Institution,  under  the  6th  section  of  an  act  of  Congress,  approved 
for  the  uses  specified  in  the  last  will  and  testament  of  James 

Auditor's  Report,  No.  103,881 :  Cost.         Par  value. 

For  amount  of  one  certificate  of  stock  of  said  State, 
No.  3176,  for  $13,000,  dated  August  6,  1841,  pay- 
able at  the  pleasure  of  the  State  after  31st  December, 
1860,  bearing  interest  at  6  per  cent,  from  1st  July, 
1841,  purchased  per  Warrant  No.  9084,  7th  August, 

1841,  at  94  per  cent.— cost— _ $12,220  00 

Interest,  1st  to  20th  July,  1841,  paid—.  43  33 

—  $12,263  33  $13,000  00 

For  amount  of  one  certificate  of  stock  of  said  State, 
No.  3179,  for  $5,000,  dated  7th  August,  1841,  pay- 
able at  the  pleasure  of  the  State  after  31st  December, 
1860,  bearing  interest  at  6  per  cent,  from  1st  July, 
1841,  purchased  per  Warrant  No.  9107,  10th  Au- 
gust, 1841,  at  94  per  cent. — cost $4,700  00 

Interest  from  1st  to  20th  July,  1841,  paid  16  67 

4,716  67  5,000  00 


Cost,  of  which  $60  is  interest  paid $16,980  00 

Amount  of  principal $18,000  00 

For  interest  on  said  principal,  $18,000,  from  1st  July,  1841,  to 

81st  December,  1849,  at  6  per  cent 9,180  00 


$27,180  00 


No.  113,628 : 

To  amount  due  from  said  State,  per  Report  No.  103,881 $18,000  00 

To  interest  on  $18,000,  the  principal  of  said  bonds,  from  1st 
January,  1850,  to  December  31,  1853,  at  6  per  cent 4,320  00 


$22,320  00- 


THE   SMITHSON    FUND.  821 


CR. 

purchased  as  an  investment  of  moneys  belonging  to  the  Smithsonian 
July  7,  1838,  in  account  with  the  Secretary  of  the  Treasury,  in  trust, 
Smithson, 

By  amount  received  for  interest  accruing  on  said  bonds,  covered 
by  the  following  warrants  in  favor  of  the  Treasurer,  viz  : 

Part  of  Warrant  No.  1272,  dated  31st  March,  1842— deposit $540  00 

No.  1441,  dated  9th  July,  1842— deposit 540  00 

No.  1666,  dated  6th  January,  1843— deposit 540  00 

No.  1886,  dated  6th  July,  1843— deposit 540  00 

Part  of  Warrant  No.  2049,  dated  4th  January,  1844— deposit,  __  540  00 

No.  2255,  dated  3d  July,  1844— deposit 540  00 

Part  of  Warrant  No.  2446,  dated  4th  January,  1845 — deposit  __  540  00 

No.  2697,  dated  30th  September,  1845— deposit 540  00 

Part  of  Warrant  No.  2880,  dated  19th  February,  1846— deposit.  540  00 

Part  of  Warrant  No.  3075,  dated  31st  July,  1846— deposit 540  00 

No.  3442,  dated  31st  March,  1847— deposit 540  00 

No.  3849,  dated  30th  September,  1847— deposit 540  00 

No.  4273,  dated  31st  March,  1848— deposit 540  00 

No.  4857,  dated  30th  September,  1848— deposit 540  00 

No.  11,  dated  15th  January,  1850— deposit 540  00 

No.  16,  dated  3d  August,  1850— deposit 1,080  00 

$9,180  00 

By  balance  due  from  the  State  of  Ohio : 

;For  principal  of  said  bonds —  18,000  00 


$27,180  00 


"By  amount  received  for  interest  accruing  on  said  bonds,  covered 
*by  the  following  warrants  in  favor  of  the  Treasurer,  viz  : 

No.  12,  dated  July  29,  1850 '. $540  00 

No.  1,  dated  January  9,  1851 540  00 

No.  5,  dated  July  8,  1851 540  00 

No.  2,  dated  January  9,  1852 540  00 

No.  3,  dated  July  7,  1852 540  00 

No.  3,  dated  January  6,  1853 540  00 

No.  34,  dated  July  30,  1853 540  00 

No.  22,  dated  January  17,  1854 540  00 

$4,320  00 

By  balance  due  from  the  State  of  Ohio,  1st  January, 

1854,  viz  : 
For  principal  of  said  bonds 18,000  00 

$22,320  00 


822  TREASURY   ACCOUNT   WITH 

DR.  Ohio  Account — Continued. 

Auditor's  Keport,  No.  127,149  : 

To  amount  due  from  said  State,  per  Keport  No.  113,528- $18,000  Ofr 

To  interest  on  $18,000,  the  principal  of  said  bonds,  from  1st 
January,  1854,  to  December  31st,  1856,  at  6  per  cent 3,240  00 


$21,240  00 


No.  144,104: 

To  amount  due  from  said  State,  per  Report  No.  127,149___ $18,000  00 

To  interest  on  $18,000,  the  principal  of  said  bonds,  from  1st 
January,  1857,  to  July  1,  1862,  at  6  per  cent 5,940  00 


$23,940  00 


No.  146,395: 
To  amount  due  from  said  State,  per  Report  No.  144,104 —  $18,640  00- 


$18,540  00 
Account  closed. 


THE    SMITHSON    FUND.  823 

Ohio  Account — Continued.  CR. 

By  amount  received  for  interest  accruing  on  said  bonds,  covered 
by  the  following  warrants  in  favor  of  the  Treasurer,  viz  : 

No.  22,  dated  January  17,  1854 $540  00 

No.  3,  dated  July  8,  1854 640  00 

No.  3,  dated  January  4,  1855 640  00 

No.  28,  dated  July  19,  1855 540  00 

Part  of  No.  10,  dated  January  8,  1856 540  00 

Part  of  No.  14,  dated  July  8,  1856 540  00 

—  $3,240  00 

By  balance  due  from  the  State  of  Ohio,  1st  January,  1857  : 
For  principal  of  said  bonds 1 18,000  00 

$21,240  00 


By  amount  received  for  interest  accruing  on  said  bonds,  covered 
by  the  following  warrants  in  favor  of  "the  Treasurer,  viz  : 

No.  21,  dated  January  7,  1857 $540  00 

No.  41,  dated  July  18,  1857 540  00 

No.  24,  dated  January  9,  1858 540  00 

Part  of  No.  95,  dated  August  2,  1858 540  00 

Part  of  No.  15,  dated  January  7, 1859_ 540  00 

Part  of  No.  33,  dated  August  3,  1859 540  00 

Part  of  No.  10,  dated  January  5,  1860  __ 540  00 

Part  of  No.  14,  dated  July  24,  1860 540  00 

Part  of  No.  67,  dated  November  6,  1861 1,080  00 

-   $5,400  00 
By  balance  due  from  the  State  of  Ohio  : 

Por  principal  of  said  bonds $18,000  00 

For  interest 640  00 

18,540  00 


$23,940  00 


By  amount  received  for  interest  accruing  on  said  bonds,  and 
covered  by  the  following  warrants  in  favor  of  the  Treasurer, 
viz  : 

Part  of  No.  18,  dated  January,  1862 $540  00 

Part  of  No.  181,  dated  September  9,  1862 540  00 

Prom  which  deduct  amount  of  "Warrant  No.  22,  im- 
prc;x  rly  placed  to  the  credit  of  said  State  in  account 
per  Report  No.  127,149,  the  sar^e  having  been  pre- 
viously credited  per  Report  113,528,  $540 $540  00 

Warrant  No.  182  in  favor  of  the  Treasurer,  dated  September  9, 

1862,  for  the  principal  of  said  bonds 18,000  00 

$18,540  00 
Account  closed. 


$24  TREASURY    ACCOUNT    WITH 

DR. 

THE  UNITED  STATES,  on  account  of  stocks  of  the  United  States, 
Institution,  under  the  1st  section  of  an  act  of  Congress,  approved 
in  trust,  for  the  uses  specified  in  the  last  will  and  testament  of  James 

Auditor's  Report,  No.  103,880 :  Cost.  Par  value. 

To  amount  of  certificate  No.  66,  dated  —  — ,  of 
the  loan  of  1841,  bearing  5}  per  cent,  interest 
from  18th  September,  1841,  purchased  per  War- 
rant No.  9491,  dated  27th  September,  1841,  at  u 
cost  of $1,291  86  $1,291  86 


To  amount  of  the  following  certificates  of  the  loan 
of  1842,  redeemable  after  the  31st  December, 
1862,  bearing  6  per  cent,  interest : 

No.  63,  dated  August  25,  1842 $540  00 

No.  64,  dated  August  25,  1842 17  76 

No.  65,  dated  August  25,  1842 540  00 

No.  66,  dated  August  25,  1842 38  04 


§1,135  80 

Purchased  per  Warrant  No.  2508,  dated  27th  Au- 
gust, 1842,  at  a  cost  of $1,135  80 

No.  283,  dated  December  19,  1842 $480  00 

No.  284,  dated  December  19,  1842 7,842  79 


$8,322  79 

Purchased  per  Warrant  No.  3682,  dated  29th  De- 
cember, 1842,  at  a  cost  of 8,322  79 

No.  443,  dated  February  2,  1843 $113  05 

No.  444,  dated  February  2,  1843 540  00 

$053  05 

Purchased    per    Warrant    No.    45?,!,    dated    31st 

March,  1843,  at  a  cost  of 653  05 

No.  122,  dated  January  6,  1845,  for  $500,  purchased 
per  Warrant  No.  488,  dated  9th  January,  1*45, 
at  a  cost  of 572  50 

No.  193,  dated  January  13,  1845 $100  00 

No.  1121,  dated  January  13,  1845 1,000  00 

No.  1122,  dated  January  13,  1845 1,000  00 


$2,100  00 

Purchased  per  Warrant  No.  564,  dated  14th  Janu- 
ary, 1845,  at  a  cost  of 2,404  50 


$13,088  64     $12,711  64 


Carried  over $1.201  80 


THE    SMITHSON    FUND. 
CR. 


825 


purchased  as  an  investment  of  moneys  belonging  to  the  Smithsonian 
llth  September,  1841,  in  account  with  the  Secretary  of  the  Treasury, 
JSmithson. 


826  TKEASURY  ACCOUNT  WITH 


DR.  United  States  Account — Continued. 

O>ft.  Par  value. 

Brought  forward -    $1,291  86       $1,291  86- 

13,088  64       12,711  64^ 

No.  16,  dated  August  16,  1845 $3,000  00 

No.  786,  dated  August  16,  1845 5,000  00 

No.  1236,  dated  August  22,  1845 1,000  00 

No.  255,  dated  August  22,  1845 100  00 

No.  256,  dated  August  22,  1845 100  00 

No.  17,  dated  August  22,  1845 3,000  00 

No.  787,  dated  August  22,  1845 5,000  00 

$17,200  00 

Purchased  per  Warrant  No.  2694,  dated  23d  Au- 
gust, 1845,  at  a  cost  of 19,608  00       17,200  (X> 


No.  1384,  dated  February  17,  184G $1,000  00 

No.  171,  dated  February  17,  1846 600  00 

No.  304,  dated  February  17,  1846 100  00 

No.  305,  dated  February  17,  1846 100  00 

No.  306,  dated  February  17,  1846 100  00 

No.  307,  dated  February  17,  1846 100  00 


$1,900  00 

Purchased  per  Warrant  No.  4355,  dated  19th  Feb- 
ruary, 1846,  at  a  cost  of_ 2,066  25         1,900  00" 


No.  1514,  dated  July  31,  1846 $1,000  00 

No.  373,  dated  August  1,  1846 100  00 

No.  374,  dated  August  1,  1846 100  00 

No.  375,  dated  August  1,  1846 100  00 

No.  376,  dated  August  1 ,  1846 100  00 

No.  764,  dated  August  1,  1846 150  00 


$1,550  00 

Purchased  per  Warrant  No.  5839,  dated  31st  July, 

1846,  at  a  cost  of 1}652  69         1,550  00* 

Cost $36,415  58 

Principal  of  loan  of  1842 $33,361  64 

Carried  over $37,707  44     $34,653  50> 


THE   SMITHSON    FUND. 


United  States  Account — Continued. 


827 
CE. 


828  TREASURY    ACCOUNT   WITH 

United  States  Account  —  Continued. 


Cost  Par  value. 

Brought  forward  ____________________       -  $37,707  44     $34,65350 

The  following  certificates  of  the  loan  of  1843,  bear- 

ing 5  per  cent,   interest,  redeemable  after  30th 

June,  1853  : 
No.  1,  dated  January  1,  1844  ----------       $131  35 

No.  64,  dated  January  1,  1844  _________         100  00 

No.  292,  dated  January  1,  1844  ________     3,000  00 

No.  561,  dated  January  1,  1844  ----  .___      1,000  00 

$4,231  35 
Purchased  per  Warrant  No.  7198,  dated  12th  Jan- 

uary, 1844,  at  a  cost  of  ________________________     4,231  35         4,231  35 

No.  2,  dated  January  15,  1847,  of  the  loan  of  1846, 

bearing  6  per  cent,  interest,  redeemable  12tb  No- 

vember, 1856  ______________________    $6,200  00 

Purchased  per  Warrant  No.  7662,  dated  14th  Jan- 

uary, 1847,  at  a  cost  of  ______________________         6,200  00         6,200  00 

The  following  certificates  of  the  loan  of  1848,  bear- 

ing 6  per  cent,  interest,  redeemable  after  1st  July, 

1868: 
No.  54,  dated  November  1,  1849  ________         $50  00 

No.  131,  dated  November  1,  1849  ______         100  00 

No.  367,  dated  November  1,  1849  ______    10,000  00 

No.  368,  dated  November  1,  1849  ______    10,000  00 

No.  1662,  dated  November  1,  1849  _____      1,000  00 


$21,150  00 

Purchased  per  Warrant  No.   1088,  dated  1st  No- 
vember, 1849,  at  a  cost  of 24,16388       21,15000 

Cost  and  principal  of  stocks  of  1841,  1842,  1843, 

1846,  and  1848 $72,302  67     $66,234  85 

Amount  of  interest  accruing  on  said  stocks  up  to 
31st  December,  1849— 

On  certificates  of  loan  of  1841 $233  40 

1842 10,529  33 

1843 1,267  33 

1846 1,131  28 

1848 634  50 

13,795  84 

$80,030  69 


THE    SMITHSON    FUND.  829 

United  States  Account — Continued.  CR. 

By  part  of  Warrant  No.  2446,  dated  4th  January,  1845,  in 
favor  of  the  Treasurer,  for  amount  of  principal  of  certifi- 
cate No.  66  of  loan  of  1841,  redeemed____ $1,291  86 

By  amount  received  for  interest  accruing  on  said  stocks  to  31st 
December,  1849,  covered  by  the  following  warrants  in  favor 
of  the  Treasurer,  viz  : 

Part  of  Warrant  No.  1272,  dated  31st  March,  1842  $17  76 

No.  1505,  dated  25th  August,  1842 38  04 

No.  1665,  dated  3d  January,  1843 113  05 

No.  1889,  dated  20th  July,  1843 363  11 

Part  of  Warrant  No.  2049,  dated  4th  January,  1844  338  87 

Part  of  Warrant  No.  2446,  dated  4th  January,  1845  331  79 

No.  2447,  dated  4th  January,  1845 24  84 

No.  2448,  dated  7th  January,  1845 303  35 

No.  2682,  dated  23d  August,  1845 592  91 

Part  of  Warrant  No.  2880,  dated  19th  February,  1846  1,003  13 

Part  of  Warrant  No.  3075,  dated  31st  July,  1846  —  1,060  13 

No.  3223,  dated  13th  January,  1847 1,121  91 

No.  4013,  dated  10th  February,  1848 2,585  26 

No.  4839,  dated  14th  July,  1848 1,292  63 

No.  17,  dated  30th  October,  1849 . 1,292  63 

No.  4,  dated  5th  January,  1850 1,927  13 

No.  24,  dated  8th  August,  1850 1,292  63 

No.  46,  dated  6th  September,  1850 121  51 

13,820  68 

By  balance  due  from  the  United  States,  viz  : 

Principal  of  stock  of  1842 $33,361  64 

Principal  of  stock  of  1843 4,231  35 

Principal  of  stock  of  1846 6,200  00 

Principal  of  stock  of  1848 21,150  00 

$64,942  99 

Deduct  amount  of  interest  on  $7,842.79,  loan  of 
1842,  from  13th  to  31st  December,  1842,  twice 

paid  and  covered  by  warrant 24  84 

64,918  15 


$80,030  69 


830  TREASURY   ACCOUNT   WITH 

DR.  United  States  Account — Continued. 

Auditor's  Eeport,  No.  113,527  : 
To  amount  due  from  the  United  States,  per  Keport 
No.  103,880,  viz  : 

Principal  of  stock  of  1842 $33,361  64 

1843 4,231  35 

1846 6,200  00 

1848 21,150  00 


$64,942  99 

Deduct  amount  of  interest  on  $7,842.79,  loan  of 
1842,  twice  paid  by  the  United  States  and  covered 

by  warrant 24  84 

$64,918  15 

To  interest  on  $60,711.64,  the  principal  of  the  stocks  of  loans 
of  1842,  1846,  and  1848  from  1st  January,  1850,  to  31st  De- 
cember, 1853,  at6  percent 14,570  79 

To  interest  on  $4,231.35,  the  principal  of  the  stock  of  the  loan 
of  1843,  from  1st  January,  1850,  to  30th  June,  1853,  at  5  per 
cent 740  47 

To  amount  of  6  per  cent.  United  States  stock  of  the  loan  of 
1848,  purchased  per  Warrant  No.  1766,  dated  January  28, 
1850,  at  a  cost  of  $2,491.50 2,200  00 

To  interest  on  $2,200  from  1st  January,  1850,  to  31st  Decem- 
ber, 1853,  at  6  per  cent 528  00 

To  amount  of  same  stock,  purchased  per  Warrant  No.  2728, 
dated  June  6,  1850,  at  a  cost  of  $3,341.62 2,850  00 

To  interest  on  $2,850  from  1st  July,  1850,  to  31st  December, 

1853,  at  6  per  cent 598  50 

To  amount  of  same  stock,  purchased  per  Warrant  No.  2736, 
dated  June  10,  1850,  at  a  cost  of  $2,989.88 2,550  00 

To  interest  on  $2,550  from  1st  July,  1850,  to  31st  December, 

1853,  at  6  per  cent 535  50 

To  amount  of  same  stock,  purchased  per  Warrant  No.  3105, 

dated  August  19,  1850,  at  a  cost  of  $5,393.13 4,650  00 

To  interest  on  $4,650  from  1st  July,  1850,  to  31st  December, 

1853,  at  6  per  cent 976  50 

To  amount  of  6  per  cent,  stock  of  the  loan  of  1846,  purchased 
per  Warrant  No.  5854,  dated  November  19,  1851,  and  6236, 
dated  January  9,  1852,  at  a  cost  of  $13,887.50 13,000  00 

To  interest  on  $13,000  from  1st  July,  1851,  to  31st  December, 

1853,  at  6  per  cent 1,950  00 

To  amount  of  6  per  cent,  stock  of  the  loan  of  1842,  purchased 
per  Warrant  No.  9019,  dated  29th  March,  1853,  at  a  cost  of 
$16,923.38 14,700  00 

To  interest  on  $14,700  from  1st  January  to  31st  December, 

1853,  at  6  per  cent 882  00 

$125,649  91 


THE.  SMITHSON    FUND. 


831 


United  States  Account — -Continued. 


CE, 


By  amount  of  Warrant  No.  35,  dated  July  30,  1853,  in  favor 
of  the  Treasurer,  for  amount  of  principal  of  the  following 
certificates  of  United  States  stocks  redeemed  of  the  loan  of 
1843,  viz  : 

No.  1,  dated  January  1,  1844 $131  35 

No.  64,  dated  January  1,  1844 100  00 

No.  292,  dated  January  1,  1844 3,000  00 

No.  561.  dated  January  1,  1844 1,000  00 

$4,231  35 

By  interest  from  1st  January  to  1st  July,  1858 :  105  78 

To  amount  of  interest  accruing  on  said  stocks  to  31st  Decem- 
ber, 1853,  covered  by  the  following  warrants  in  favor  of  the 
Treasurer,  as  per  statement  of  the  Eegister  of  the  Treasury 
herewith,  viz: 

No.  2,  dated  July  5,  1850 $1,993  13 

No.  2,  dated  January  9,  1851 2,269  79 

No.  3,  dated  July  8,1851.,. 2,294  63 

No.  1,  dated  January  9, 1852 2,684  63 

No.  2,  dated  July  7,  1852 2,684  63 

No.  2,  dated  January  6,  1853 2,684  63 

No.  33,  dated  July  80,  1853 3,019  85 

No.  21,  dated  January  17,  1854 3,019  85 

20,661  14 

By  balance  due  from  the  United  States  on  the  1st  of  January, 
1854,  viz  : 

Principal  of  stock  of  1842 $48,061  64 

Principal  of  stock  of  1846 19,200  00 

Principal  of  stock  of  1848 33,400  '00 

100,661  64 


$125,649  91 


832  TREASURY  ACCOUNT  WITH 

DR.  United  States  Account — Continued. 

Auditor's  Keport,  No.  127,153  : 

To  amount  due  from  the  United  States,  per  Report 
No.  113,527,  viz : 

Principal  of  stock  of  1842 $48,061  64 

Principal  of  stock  of  1846 19,200  00 

Principal  of  stock  of  1848 33,400  00 

$100,661  64 

To  interest  on  $100,661.64  from  1st  January,  1854, 
to  July  1,  1856 §15,099  25 

To  interest  on  $81,461.64  from  1st  July  to  Decem- 
ber 31,  1856 2,443  85 

To  interest  on  $19,200  from  1st  July  to  November 

12,1856 422  01 

17,905  71 


$118,627  35 

No.  144,121  : 

To  amount  due  from  the  United  States,  per  Report  No.  127,153     $81,461  64 
To  interest  on  $81,461.64  from  January  1,  1857,  to  December 
31,  1861,  at  6  per  cent 24,438  49 


$105,900  13 

No.  146,403 : 

To  amount  due  from  the  United  States,  per  Report  No.  144,121     $83,905  48 
To  interest  on  $81,461.64,  the  principal  of  said  bonds,  from 
January  1  to  December  31,  1862,  at  6  per  cent 4,887  70 


$88,793   18 


THE    SMITHSON    FUND.  833 

United  States  Account — Continued.  CR. 

By  amount  of  Warrant  No.  83  in  favor  of  the  Treasurer, 
dated  November  13,  1856,  for  amount  of  principal  of  the 
stock  of  1856  and  interest  thereon  from  July  1  to  November 
12,  inclusive,  1856,  viz: 

Principal $19,200  00 

Interest 422  61 

$19,622  61 

By  amount  received  for  interest  accruing  on  said  stocks  to  31st 
December,  1856,  covered  by  the  following  warrants  in  favor 
of  the  Treasurer  : 

No.  2,  dated  July  8,  1854 $3,019  85 

No.  2,  dated  January  4,  1855 „ 3,019  85 

No.  29,  dated  July  19,  1855 3,019  85 

Part  of  No.  10,  dated  January  8,  1856 3,019  85 

No.  14,  dated  July  8,  1856 3,019  85 

No.  20,  dated  January  7,  1807 2,443  85 

17,543  10 
Balance  due  from  the  United  States,  viz  : 

Principal  of  stock  of  1842 $48,061  64 

Principal  of  stock  of  1848 33,400  00 

81,461  64 

$118,627  35 


By  amount  of  the  following  warrants  in  favor  of  the  Treasurer 
for  interest  accruing  on  said  stocks,  viz  : 

No.  40,  dated  July  18,  1857 $2,443  85 

No.  25,  dated  January  9,  1858 2,443  85 

No.  95,  dated  August  2,  1858 2,443  85 

No.  15,  dated  January  7,  1859 2,443  85 

No.  32,  dated  August  3,  1859 2,443  85 

No.  10,  dated  January  5,  1860 2,443  85 

No.  14,  dated  July  24,  1860 2,443  85 

No.  106,  dated  February  20,  1861 2,443  85 

No.  67,  dated  November  6,  1861 2,443  85 

$21,994  65 
By  balance  due  from  the  United  States  : 

Principal  of  stock  of  1842 $48,061  64 

Principal  of  stock  of  1848 33,400  00 

Interest  on  said  stocks 2,443  84 

83,905  48 

$105,900  13 

By  amount  received  for  interest  accruing  on  said  stocks  and 
covered  by  warrants  in  favor  of  the  Treasurer,  viz  : 

Part  of  No.  18,  dated  January  14,  1862 $2,443  85 

Part  of  No.  181,  dated  September  9,  1862 2,443  85 

Part  of  No.  27,  dated  February  11,  1863 1,002  00 

$5,889  70 

Bv  balance  due  from  the  United  States  : 

Principal  of  stock  of  1842 $48,061  64 

Principal  of  stock  of  1848 33,400  00 

Interest  on  said  stocks 1,441  84 

82,903  48 

$88,793  18 
53 


834  TREASURY  ACCOUNT  WITH 


DR. 

THE  UNITED  STATES,  under  the  act  to  establish  the  "Smith- 
men,  approved  August  10,  1846,  in 

Auditor's  Keport,  No.  103,882  : 

To  amount  of  money  belonging  to  said  Institution,  received 
into  the  Treasury  on  the  1st  of  September,  1838,  and  treated 
by  12th  section  of  said  act  as  lent  to  the  United  States  Treas- 
ury at  6  per  cent,  interest,  from  said  1st  September,  1838, 
payable  in  half-yearly  payments  on  the  1st  January  and  1st 
July  in  each  year $515,169  00 

To  interest  on  said  sum  from  1st  September,  1838,  to  31st  De- 
cember, 1849— 11£  years 350,314  42 


$865,483  42 


THE    SMITHSON    FUND.  835 


CR. 

^onian  Institution"  for  the  increase  and  diffusion  of  knowledge  among 
account  with  the  Smithsonian  Institution. 

By  amount  of  the  following  warrants  drawn  on  the  Treasurer 
of  the  United  States,  in  favor  of  the  officers  of  said  Institu- 
tion, on  account  of  interest  accrued  on  principal  of  said 
fund,  for  the  erection  of  suitable  buildings,  and  for  the  cur- 
rent and  incidental  expenses  of  said  Institution,  viz  : 
In  favor  of  W.  W.  Seaton,  Chairman  of  the  Ex- 
ecutive Committee  and  Disbursing  Officer  of 
the  Board  of  Eegents — 

No.  62o2,  dated  September  16,  1846 $2,000  00 

No.  7220,  dated  December  21,  1846 2,000  00 

No.  8017,  dated  February  25,  1847 3,584  07 

No.  139,  dated  July  5, 1847 15,455  07 

No.  2034,  dated  January  15,  1848 15,455  00 

No.  4313,  dated  July  7,  1848 15,455  00 

No.  6823,  dated  January  5,  1849 15,455  14 

No.  112,  dated  July  5, 1849 15,455  07 

No.  1496,  dated  January  4,  1850 15,455  07 

$100,314  42 

In  favor  of  George  M.  Dallas,  Chancellor  and 
Disbursing  Agent — 

No.  7938,  dated  February  7,  1857 250,000  00 

-  $350,314  42 

Balance  due  the  Smithsonian  Institution : 
Principal  of  said  fund  _.  .__      515,169  00 

$865,483  42 


PROPOSED  APPLICATIONS  OF  SMITHSOST'S 
BEQUEST. 


.Letter  addressed  by  Hon.  John  Forsyth,  Secretary  of  State,  by  direction  of 
President  Van  Buren  to  Messrs.  Thomas  Cooper,  South  Carolina  ;  Rich, 
ard  Rush,  Philadelphia ;  Professor  Francis  Wayland,  Providence,  Rhode 
Island;  Albert  Oallatin,  New  York;  Rev.  Stephen  Olin,  Boydton,  Vir- 
ginia; Philip  Lindsley,  Nashville,  Tennessee;  Professor  Davis,  Char- 
lottesville,  Virginia. 

DEPARTMENT  OF  STATE, 

\YASHINGTON,  July  19,  1838. 

SIR  :  By  the  will  of  James  Smithson,  late  of  London, 
deceased,  property  to  a  considerable  amount  was  bequeathed 
to  the  United  States,  for  the  purpose,  as  expressed  in  the 
language  of  the  will,  of  "  founding  at  Washington,  under 
the  name  of  the  Smithsonian  Institution,  an  establishment 
for  the  increase  and  diffusion  of  knowledge  among  men." 

The  United  States  having,  under  the  authority  of  an  act 
of  Congress,  approved  the  1st  of  July,  1836,  accepted  the 
legacy,  pledged  their  faith  for  the  performance  of  the  trust, 
in  such  manner  as  Congress  may  hereafter  direct,  and  re- 
covered the  proceeds  of  the  bequest,  to  the  amount  of  about 
one  hundred  thousand  pounds  sterling,  the  President  is 
anxious,  in  presenting  the  subject  to  Congress  for  their  con- 
sideration and  action  upon  it,  to  aid  his  judgment  by  con- 
sulting the  views  of  persons  versed  in  science  and  in  mat- 
ters relating  to  public  education,  as  to  the  mode  of  apply- 
ing the  proceeds  of  the  bequest,  which  shall  be  likely  at 
once  to  meet  the  wishes  of  the  testator,  and  prove  most 
advantageous  to  mankind. 

The  President  will  be  pleased  to  have,  if  agreeable  to  you 
to  give  it,  the  result  of  your  reflections  on  the  subject,  com- 
municated through  this  Department,  at  as  early  a  day  as 
-convenient. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

JOHN  FORSYTE. 

837 


838        PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST. 

Letter  from  Thomas  Cooper. 

COLUMBIA,  SOUTH  CAROLINA,  July  20,  1838. 

SIR  :  With  respect  to  the  Smithson  legacy,  two  courses 
only  suggest  themselves  to  my  mind ;  one,  annual  premiums 
for  the  best  treatises  on  given  subjects,  which  we  have  not 
literary  and  scientific  men  enough  to  supply  or  to  enter  into 
anything  like  competition  with  the  Briclgewater  Treatises, 
and,  therefore,  we  should  only  be  disgraced  by  it;  and, 
therefore,  I  cannot  recommend  this  mode  of  application. 
Add  to  which,  it  would  be  very  apt  to  degenerate  into  a 
political  and  party  institution,  in  various  ways.  The  other 
is  an  institution  of  the  character  of  an  university.  I  arn 
well  aware  the  power  of  erecting  an  university  was  twice 
refused  to  Congress,  in  the  convention  of  1787.  But  the 
objection  may  be  gotten  over  by  transferring  the  donation 
to  the  corporation  of  Georgetown,  under  such  limitations  as 
may  be  expedient  and  constitutional,  and  let  an  university 
be  instituted  by  that  corporation.  This  would  be  a  suffi- 
cient approximation  to  Mr.  Smithson's  required  locality, 
and  would  obviate  the  constitutional  objection. 

Such  an  university  ought  not  to  be  opened,  except  to 
graduates  of  other  colleges.  The  studies  might  be  the 
higher  algebraical  calculus ;  the  application  of  mathematics 
to  practical  mechanical  knowledge  of  every  description,  and 
to  astronomy,  to  chemistry,  electricity,  and  galvanism ;  the 
principles  of  botany  and  agriculture.  No  Latin  or  Greek ; 
no  mere  literature.  Things,  not  words. 

Strict  attendance ;  strict  and  public  examinations.  I  ob- 
ject to  all  belles-lettres,  and  philosophical  literature,  as  calcu- 
lated only  to  make  men  pleasant  talkers.  I  object  to 
medicine,  which  cannot  be  well  taught  in  a  locality  of  less 
than  100,000  inhabitants. 

I  object  to  law;  for  all  that  can  be  orally  delivered  can 
be  more  profitably  and  deliberately  learnt  by  perusal. 
Ethics  and  politics  are  as  yet  unsettled  branches  of  knowl- 
edge. 

Whether  physiology  and  political  economy  ought  to  be 
rejected,  requires  more  consideration  than  I  can  at  this 
moment  bestow.  I  want  to  see  those  studies  cultivated, 
which,  in  their  known  tendencies  and  results,  abridge 
human  labor,  and  increase  and  multiply  the  comforts  of 
existence  to  the  great  mass  of  mankind.  Public  education 
should  be  useful,  not  ornamental. 

The  course  should  not  be  less  than  three  years,  of  ten 
months  each.  The  instruction  afforded  gratis;  examinations 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        839 

for  admission  rigid.  Such,  in  few  words,  are  my  notions 
on  this  subject,  which  I  respectfully  submit,  sir,  to  your 
better  judgment. 

Accept,  I  pray  you,  the  assurances  of  my  sincere  and  high 
consideration. 

THOMAS  COOPER,  M.  D. 

Hon.  JOHN  FORSYTH,  Secretary  of  State. 


Letter  from  Francis  Wayland. 

PROVIDENCE,  October  2,  1838. 

SIR  :  In  reply  to  your  communication  dated  July  last, 
requesting  my  views  respecting  the  Smithsonian  Institute,  I 
beg  leave  to  state  as  follows : 

1.  It  is,  I  suppose  to  be  taken  for  granted,  that  this  Insti- 
tution is  intended  for  the    benefit  not  of  any  particular 
section  of  the  United  States,  but  for  the  benefit  of  the  whole 
country ;  and,  also,  that  no  expense,  which  may  be  neces- 
sary in  order  to  accomplish  its  object,  will  be  spared. 

2.  I  think  it  also  evident,  that  there  is  no  need,  in  this 
country,  of  what  may  be  properly  termed  collegiate  education; 
that  is,  of  that  education  which  may  be  given  between  the 
ages  of  fourteen  or  sixteen,  and  eighteen  or  twenty.     All 
the  old  States,  and  many  of  the  new  ones,  have  as  many 
institutions  of   this  kind   as   their   circumstances  require. 
And,  besides,  since  persons  of  the  ages  specified  are  too 
young  to  be,  for  a  long  period,  absent  from  home,  it  is 
probably  better  that  a  large  number  of  such  institutions 
should  be  established  within  convenient  distances  of  each 
other.     The  age  of  the  pupils  in  these  institutions  would 
also  render  it  desirable  that  very  large  numbers  be  not  asso- 
ciated together. 

3.  It  is  probable  that  professional  schools — that  is,  schools 
for  divinity,  law,  and  medicine — will  be  established  in  every 
section  of  our  country.     Divinity  must  be  left  to  the  difter- 
ent  Christian  sects ;    law   will  probably  be  taught  in  the 
State,  or,  at  least,  the  district,  in  which  it  is  to  be  practiced. 
The  same  will,  I  think,  be  true  of  medicine. 

4.  If  the  above  views  be  correct,  it  will,  I  think,  follow, 
that  the  proper  place  to  be  occupied,  by  such  an  institution 
would  be  the  space  between  the  close  of  a  collegiate  educa- 
tion and  a  professional  school.     Its  object  would  be  to  carry 
forward  a  classical  and  philosophical  education  beyond  the 
point  at  which  a  college  now  leaves  it,  and  to  give  instruc- 


-840        PROPOSED    APPLICATIONS    OF    SMITHSON's    BEQUEST. 

tion  in  the  broad  and  philosophical  principles  of  a  profes- 
sional education. 

The  demand  for  such  instruction  now  exists  very  exten- 
sively. A  very  considerable  portion  of  our  best  scholars 
now  graduate  as  early  as  their  nineteenth,  twentieth,  or 
twenty-first  year.  If  they  are  sufficiently  wealthy  they  pre- 
fer to  wait  a  year  before  studying  their  profession.  Some 
travel,  some  read,  some  remain  as  resident  graduates,  and 
many  more  teach  school  for  a  year  or  two,  for  the  purpose 
of  reviewing  their  studies.  These  would  gladly  resort  to 
an  institution  in  which  their  time  might  be  profitably  em- 
ployed. The  rapidly  increasing  wealth  of  our  country  will 
very  greatly  increase  the  number  of  such  students. 

The  advantages  which  would  result  from  such  an  institu- 
tion are  various.  It  would  raise  up  and  send  abroad  in  the 
several  professions  a  new  grade  of  scholars,  and  thus  greatly 
add  to  the  intellectual  power  of  the  nation.  But,  specially, 
it  would  furnish  teachers,  professors,  and  officers,  of  every 
grade,  for  all  our  other  institutions.  As  the  standard  of 
education  was  thus  raised  in  the  colleges,  students  would 
enter  the  national  university  better  prepared.  This  would 
require  greater  effort  on  the  part  of  its  professors,  and  thus 
both  would  reciprocally  stimulate  each  other. 

The  branches  which  should  be  tarfght  there,  I  suppose, 
should  be  the  same  as  in  our  colleges,  only  far  more  gener- 
ously taught — that  is,  taught  to  men,  and  not  to  boys — and 
the  philosophical  principles  of  law  and  medicine.  This 
would  embrace  lectures  on  Latin,  Greek,  Hebrew,  and  the 
Oriental  languages ;  all  the  modern  languages  of  any  use  to 
the  scholar,  with  their  literature;  mathematics,  carried  as 
far  as  any  one  would  desire  to  pursue  them ;  astronomy, 
engineering,  civil  and  military ;  the  art  of  war,  beginning 
where  it  is  left  at  West  Point;  chemistry;  geology;  min- 
ing; rhetoric  and  poetry;  political  economy;  intellectual 
philosophy ; '  physiology,  vegetable  and  animal ;  anatomy, 
human  and  comparative  ;  history  ;  the  laws  of  nations ;  and 
the  general  principles  of  law,  the  Constitution  of  the  United 
States,  &c. 

5.  Supposing  such  an  institution  to  be  established,  some- 
thing may  be  added  respecting  the  mode  of  its  constitution 
and  organization. 

I  suppose,  then,  that  an  institution  of  this  kind  is  a  sort 
of  copartnership  between  the  instructors  and  the  public. 
The  public  furnish  means  of  education,  as  building,  libra- 
ries, apparatus,  and  a  portion  of  the  salary.  The  professors 
do  the  labor,  and  provide  for  the  remaining  part  of  their 


PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST.        841 

income  by  their  own  exertions.  Hence  there  arises  natu- 
rally a  division  of  the  powers  and  duties  of  the  parties.  To 
the  corporation,  or  governors,  or  trustees,  or  by  what  name 
they  may  be  called,  would  belong  the  management  of  the 
fiscal  concerns  of  the  institution,  and  the  control  of  that 
portion  of  its  affairs  which  depended  specially  upon  its  re- 
lation with  the  public  donation.  The  government  of  the 
institution,  the  conferring  of  degrees,  the  appointment  of 
professors,  would  be  performed  jointly  by  the  officers  of 
instruction  and  the  corporation. 

In  the  English  universities,  the  government  of  the  insti- 
tution is  vested  in  a  general  meeting  of  the  former  gradu- 
ates. This  forms  a  literary  public,  which  exercises  ultimate 
jurisdiction  in  most  matters  which  require  deliberation. 
How  far  such  an  institution  might  be  cohstructed  upon  this 
principle,  may  be  fairly  a  question. 

6.  If  the  above-mentioned  views  should  be  adopted,  it 
will  be  perceived  that  no  funds  will  be  required  for  dormi- 
tories.    The  young  menwill  provide  for  themselves   board 
and  lodging  wherever  they  please,  and  the  professors  will 
be  responsible  for  nothing  more  than  their  education.     It  is 
supposed  that  they  are  old  enough  to  govern  themselves. 

Hence  the  funds  may  be  devoted  to  the  following  pur- 
poses : 

1st.  A  part  would  be  appropriated  to  the  creation  of  a 
library,  cabinets,  and  for  the  furnishing  of  all  the  apparatus 
necessary  to  the  instructors. 

2d.  A  part  to  the  erection  of  buildings  for  the  above  pur- 
poses, together  with  buildings  for  professors'  houses. 

3d.  A  fund  would  be  established  for  the  endowment  of 
professorships,  giving  to  each  so  much  as  may  form  a  por- 
tion, say  one-third  or  one-half,  of  his  living,  and  the  rest  to 
be  provided  for  by  the  sale  of  the  tickets  to  his  courses. 

7.  If  the  institution  is  governed  by  a  board;  this  board 
should  be  appointed  by  the  President  and  Senate,  or  by  the 
President  alone,  and  they  should  hold  their  office  for  no 
longer  a  period  than  six  years,  one-third  of  them  retiring, 
unless  reappointed,  every  two  years. 

8.  Graduates  of  the  university  should  be  allowed  to  teach 
classes  and  receive  payment  for  tickets,  upon  any  of  the 
subjects  on  which  instruction  is  given  in  the  regular  course. 
This  will  prove  a  strong  stimulant  to  the  regular  professors, 
and  will  train  men  up  for  teachers. 

Degrees  should  never  be  conferred  as  a  matter  of  course, 
but  only  after  a  strict  and  public  examination.  They  should 


842       PROPOSED   APPLICATIONS    OF   SMITHSOITS   BEQUEST. 

never  be  conferred  either  in  course,  or  causa  honoris,  unless 
by  the  recommendation  of  the  faculty. 

I  have  thus  very  briefly,  but  as  far  as  my  avocations  would 
allow,  thrown  together  a  few  hints  upon  the  subject  to  which 
you  have  directed  my  attention.  That  I  should  go  into  de- 
tail, I  presume,  was  not  expected.  Whatever  may  be  the 
plan  adopted,  I  presume  it  will  not  be  carried  into  effect 
until  an  extensive  observation  of  the  best  universities  in 
Europe  has  furnished  the  Government  with  all  the  knowl- 
edge which  the  present  condition  of  the  science  of  education 
can  afford. 

I  have  the  honor  to  be,  sir,  respectfully,  your  obedient 
servant, 

F.  WAYLAND. 

Hon.  J.  FORSYTE;  Secretary  of  State. 


Letter  from  John  Qaincy  Adams. 

QUINCY,  October  8,  1838. 

SIR  :  I  duly  received  your  letter,  dated  in  July  last,  ex- 
pressing the  desire  of  the  President  of  the  United  States  to 
consult  the  views  of  persons  versed  in  science  and  in  matters 
relating  to  public  education,  as  to  the  modes  of  applying 
the  proceeds  of  the  Smithsonian  bequest,  to  meet  the  wishes 
of  the  testator,  and  which  may  prove  most  advantageous  to 
mankind,  with  a  view  to  present  to  Congress  the  subject, 
for  their  consideration  and  action  upon  it. 

Having  been  the  chairman  of  the  committee  of  the  House 
of  Representatives,  and  reporter  of  the  bill  which  became 
the  act  of  July  1,  1836,  relating  to  this  bequest,  in  which 
act  the  faith  of  the  United  States  is  pledged  for  the  appli- 
cation of  the  funds,  placed  by  the  founder  of  this  Institu- 
tion at  their  disposal,  to  the  promotion  of  the  great  object 
of  his  munificence,  the  increase  and  diffusion  of  knowledge 
among  men, — I  have  waited  with  anxious  expectation  the 
consummation  of  the  first  requisite  for  the  accomplishment 
of  the  purpose, — the  recovery  of  the  fund  itself,  aware  that, 
until  that  should  be  effected,  all  speculation  upon  the  most 
suitable  appropriation  of  the  proceeds  would  be  premature. 
It  is  with  the  warmest  satisfaction  that  I  have  learned  the 
successful  attainment  of  this  preliminary  end. 

When,  at  the  last  session  of  Congress,  provision  was 
made,  by  the  sixth  section  of  an  act  making  appropriations 
for  the  West  Point  Academy,  for  the  temporary  investment 


PROPOSED    APPLICATIONS    OF   SMITIISON'S    BEQUEST.       843 

of  the  Smithsonian  bequest,  I  regretted,  first,  that  this  pro- 
vision was  made  not  in  a  separate  bill,  but  as  an  appendage 
to  one  with  which  it  had  no  proper  connection ;  secondly,, 
that  the  investment  should  be  directed  in  stocks  of  States  • 
and,  thirdly,  that  it  should  give  to  the  Secretary  of  the 
Treasury  a  discretionary  power  to  invest  the  fund,  at  a 
yearly  interest  of  five  per  cent.,  at  the  very  time  when  the 
(Government  itself  of  the  United  States  was  issuing  Treas- 
ury notes  at  the  rate  of  six  per  cent.  Whatever  may  have 
been  the  occasion  or  the  design  of  these  arrangements,  it 
was  impossible  to  evade  the  remarks,  that  here  was  a  de- 
duction of  one  per  cent,  a  year  from  the  free  gift  of  a  noble- 
minded  foreigner,  for  the  most  exalted  of  purposes,  to  be- 
stow it,  at  the  discretion  of  the  Secretary  of  the  Treasury, 
upon  some  favorite  State.  This  did  not  appear  to  me  to  be 
an  appropriation  of  the  fund  to  the  increase  and  diffusion 
of  knowledge  among  men,  nor  did  it  lead  me  to  augur 
very  well  of  the  sequel. 

This,  however,  was  but  a  temporary  investment  of  the 
fund,  which,  I  was  willing  to  hope,  would  under  no  con-  . 
sideration  be  made  permanent.  In  the  report  of  the  com- 
mittee to  the  House  of  Representatives,  accompanying  the 
bill  which  authorized  the  President  to  take  the  necessary 
measures  for  recovering  the  fund,  I  had  set  forth,  in  very 
explicit  language,  my  sense  of  the  duties  which  devolved 
upon  the  Government  of  the  United  States  by  their  accept- 
ance, in  behalf  of  the  nation,  of  this  bequest;  and,  with 
the  same  views,  I  introduced  into  the  bill  a  pledge  of  the 
faith  of  the  United  States,  that  the  fund  should  be  applied 
to  the  generous  purpose  of  the  testator. 

Before  leaving  Washington  last  July,  I  took  the  liberty- 
of  calling  upon  the  President,  and  of  expressing  to  him  my 
earnest  hope  that,  in  the  interval  before  the  next  session  of 
Congress,  he  would  be  prepared  with  some  plan  for  the 
permanent  safe  keeping  and  security,  unimpaired,  of  the 
fund  itself,  by  an  investment  which  would  yield  a  certain 
income  as  large  as  the  ordinary  interest  of  the  country,  and 
for  appropriating  that  income  to  the  object  of  the  testator — • 
the  increase  and  diffusion  of  knowledge  among  men. 

I  was  kindly  received  by  the  President,  who  assured  me 
of  his  readiness  to  take  into  consideration  any  suggestions 
which  I  might  be  disposed  to  make  on  the  subject,  or  those 
of  any  other  person  whom  I  might  recommend. 

Thus  encouraged,  I  gave  him  freely  the  views  which  I 
entertained  with  regard  to  fixing  the  permanency  of  the 
fund,  unimpaired,  and  to  suitable  objects  of  application  for 


844         PROPOSED   APPLICATIONS    OF    SM1THSON?S    BEQUEST. 

its  annual  income.  The  opinions  which  I  gave  were  general, 
and  of  course  not  matured.  Further  reflection  since  that 
time  has  but  slightly  modified  them,  and  I  have  not  since 
had  the  opportunity  of  consulting  with  any  person  in  my 
own  judgment  qualified  to  give  counsel,  at  once  judicious 
and  perfectly  disinterested,  for  the  disposal  of  the  fund. 

The  provision  made  at  the  last  session  of  Corigress  was 
made  merely  for  an  investment  for  a  few  months,  that  the 
fund  should,  after  the  arrival  of  the  money  in  this  country, 
not  remain  unoccupied,  even  until  the  next  session  of  Con- 
gress. The  object  now  first  deserving  attention  will  be  to 
secure  the  permanency  of  the  fund  entire;  for  which  pur- 
pose, I  must  indulge  the  hope  that  it  will  not  be  intrusted  to 
any  bank,  nor  loaned  upon  any  pledge  of  State  stocks. 

I  should  greatly  prefer  that  it  should  be  disposed  of  as 
was  the  fund  of  one  hundred  thousand  dollars  which  had 
been  held  by  the  President  of  the  United  States,  in  trust  for 
an  annuity  of  six  thousand  dollars,  payable  to  the  Seneca 
Indians.  By  the  act  of  February  19,  1831,  the  whole  fund 
was  placed  to  the  credit  of  the  Department  of  War,  and 
the  duty  of  making  the  annual  payment  to  the  Seneca  tribe 
was  assigned  to  the  Secretary.  In  the  present  case,  the 
whole  fund  might  pass  to  the  credit  of  the  Treasury  of  the 
United  States,  and  the  annual  payment  be  directed  to  be 
made  by  the  Secretary  of  the  Treasury.  The  fund  of  course 
to  be  redeemable  at  the  discretion  of  Congress,  and  other- 
wise invested  for  the  objects  of  the  Institution. 

This  would  give  an  annual  appropriation  of  30,000  dol- 
lars, and,  to  keep  the  fund  permanently  unimpaired,  the 
annual  appropriation  should  be  confined  to  that  sum. 

I  think  that  no  part  of  the  money  should  be  applied  to 
the  endowment  of  any  school,  college,  university,  or  eccle- 
siastical establishment ;  to  no  institution  for  the  education 
of  youth,  for  that  is  a  sacred  obligation,  binding  upon  the 
people  of  this  Union  themselves,  at  their  own  expense  and 
charge,  and  for  which  it  would  be  unworthy  of  them  to 
accept  an  eleemosynary  donation  from  any  foreigner  whom- 
soever. Nor  do  I  believe  it  to  have  been  strictly  within 
the  intention  of  the  testator.  For  the  immediate  object  of 
the  education  of  youth  is  not  the  increase  and  diffusion  of 
knowledge  among  men,  but  the  instruction  of  children  in 
that  which  is  already  known.  Its  result  is  doubtless  to  dif- 
fuse, and  may  be  to  increase,  knowledge  among  men  ;  and 
so  is  apprenticeship  to  trades,  and  so  is  the  tillage  of  the 
ground  ;  and  so  was  to  the  ancient  shepherds  of  Egypt  and 
Ohaldea  the  nightly  keeping  of  their  flocks,  for  it  enabled 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.       845- 

them,  by  the  habitual  observation  of  the  stars,  to  trace  their 
courses  to  some  of  the  sublimest  discoveries  of  astronomy. 
Nor  could  the  application  of  the  fund  to  any  ecclesiasti- 
cal or  religious  establishment  be  a  proper  fulfilment  of  the 
testator's  intention.  The  people  of  the  United  States  have 
also  religious  duties  to  perform,  for  the  charge  and  discharge 
of  which  they  should  not  consent  to  be  tributary,  even  in 
gratitude,  to  the  bounty  of  any  foreigner.  The  preaching 
of  the  gospel,  like  the  education  of  youth,  promotes  the  in- 
crease and  diffusion  of  knowledge ;  but  the  worship  of  God, 
and  the  fulfilment  of  moral  duties  to  man,  the  special  ob- 
ject of  religious  institutions,  do  not  so  much  import  the  in- 
crease of  knowledge  as  the  right  use  of  what  is  known. 

I  suggested  to  the  President  that  annual  courses  of  lec- 
tures on  the  principal  sciences,  physical  and  mathematical, 
moral,  political,  and  literary,  to  be  delivered  not  by  perma- 
nent professors,  but  by  persons  annually  appointed,  with  a 
liberal  compensation  for  each  course,  were  among  the 
means  well  adapted  to  the  end  of  increasing  and  diffusing 
knowledge  among  men. 

But  the  great  object  of  my  solicitude  would  be  to  guard 
against  the  cancer  of  almost  all  charitable  foundations — 
jobbing  for  parasites,  and  sops  for  hungry  incapacity.  For 
the  economical  management  of  the  fund,  and  the  periodical 
application  of  it  to  appropriate  expenditures,  it  should  be 
invested  in  a  board  of  trustees,  to  consist  partly  of  members 
of  both  Houses  of  Congress,  with  the  Secretaries  of  the  De- 
partments, the  Attorney  General,  the  Mayor  of  the  city  of 
Washington,  and  one  or  more  inhabitants  of  the  District  of 
Columbia,  to  be  incorporated  as  trustees  of  the  Smithsonian 
fund,  with  a  secretary  and  treasurer  in  one  person,  and  to 
be  the  only  salaried  person  of  the  board ;  to  be  appointed 
for  four  years,  and  to  be  capable  of  reappointrnent,  but  re- 
moval for  adequate  cause  by  a  majority  of  the  board.  Into 
details  it  is  unnecessary  to  enter. 

The  first  object  of  appropriation,  however,  in  my  judg- 
ment, should  be  the  erection  of  an  astronomical  observatory, 
for  all  the  purposes  of  the  Greenwich  Observatory,  in  Eng- 
land, and  the  Bureau  des  Longitudes,  in  France.  This  alone 
would  absorb  the  annual  income  of  the  fund  for  seven  years 
and  will  form  the  subject  of  another  letter. 

I  am,  with  great  respect,  sir,  your  very  obedient  servant, 

JOHN  QUINCY  ADAMS. 

JOHN  FORSYTII,  Esq., 

Secretary  of  State  of  the  United  States. 


$46        PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST. 

Letter  from  John  Quincy  Adams. 

QUINCY,  October  11,  1838. 

SIR  :  I  have  reserved  for  a  separate  letter  what  I  pro- 
posed to  say  in  recommending  the  erection  and  establish- 
ment of  an  astronomical  observatory  at  Washington,  as  one 
and  the  first  application  of  the  annual  income  from  the 
Smithsonian  bequest,  because  of  all  that  I  have  to  say  I 
deem  it  by  far  the  most  important,  and  because  having  for 
many  years  believed  that  the  national  character  of  our  coun- 
try demanded  of  us  the  establishment  of  such  an  institution, 
as  a  debt  of  honor  to  the  cause  of  science  and  to  the  world 
of  civilized  man.  I  have  hailed  with  cheering  hope  this 
opportunity  of  removing  the  greatest  obstacle  which  has 
hitherto  disappointed  the  earnest  wishes  that  I  have  enter- 
tained of  witnessing,  before  my  own  departure  for  another 
world,  now  near  at  hand,  the  disappearance  of  a  stain  upon 
our  good  name,  in  the  neglect  to  provide  the  means  of  in- 
creasing and  diffusing  knowledge  among  men,  by  a  sys- 
tematic and  continued  scientific  series  of  observations  on 
the  phenomena  of  the  numberless  worlds  suspended  over  our 
heads — the  sublimest  of  the  physical  sciences,  and  that  in 
which  the  field  of  future  discovery  is  as  unbounded  as  the 
universe  itself.  I  allude  to  the  continued  and  necessary 
expense  of  such  an  establishment. 

In  my  former  letter  I  proposed  that  to  preserve  entire 
and  unimpaired  the  Smithsonian  fund,  as  the  principal  of  a 
perpetual  annuity,  the  annual  appropriations  from  its  pro- 
ceeds should  be  strictly  confined  to  its  annual  income. 
That,  assuming  the  amount  of  the  fund  to  be  five  hundred 
thousand  dollars,  it  should  be  so  invested  as  to  secure  a  per- 
manent yearly  income  of  thirty  thousand ;  and  that  it  should 
he  committed  to  an  incorporated  board  of  trustees,  with  a 
secretary  and  treasurer,  the  only  person  of  the  board  to  re- 
ceive a  pecuniary  compensation  from  the  fund. 

On  the  18th  of  March,  1826,  Mr.  C.  F.  Mercer,  chairman 
of  a  select  committee  of  the  House  of  Representatives  of 
the  United  States,  reported  to  that  House  a  bill  for  the  erec- 
tion of  a  national  observatory  at  the  city  of  Washington, 
together  with  sundry  documents  containing  estimates  of  the 
cost  of  erecting  the  buildings  necessary  for  such  an  estab- 
lishment, for  the  instruments  and  books  which  it  would  re- 
quire, and  for  the  compensation  of  a  principal  astronomer, 
two  assistants,  and  two  attendants.  These  estimates  of  ex- 
pense were,  however,  prepared  upon  the  principal  of  pro- 
viding the  establishment  at  the  smallest  possible  expense — 


PROPOSED    APPLICATIONS    OF   SMITHSON's    BEQUEST.       847 

to  which  end  it  was  proposed  that  it  should  be  attached  to 
the  Engineer's  office,  in  the  Department  of  War,  and  that 
the  mathematical  and  astronomical  instruments  already 
belonging  to  that  Department  should  be  transferred  to  the 
use  of  the  observatory.  All  this  must  of  course  be  other- 
wise arranged,  if  the  President  and  Congress  should  approve 
the  proposal  of  establishing  the  observatory  on  the  Smith- 
sonian foundation.  But  that  document  contains  much  val- 
uable information,  which  may  be  made  available  whenever 
an  observatory  shall  be  erected.  It  is  No.  124,  House  docu- 
uments  of  the  first  session  of  the  19th  Congress. 

In  the  estimate  of  expenses  at  that  time,  by  the  Chief 
Engineer,  he  assigned  for  the  necessary  buildings  only 
14,500  dollars.  But  as  it  is  desirable  that  the  principal 
building,  the  observatory  itself,  should  be,  for  the  pur- 
poses of  observation,  unsurpassed  by  any  other  edifice  con- 
structed for  the  same  purposes,  I  would  devote  one  year's 
interest  from  the  fund  to  the  construction  of  the  buildings; 
.a  second  and  third,  to  constitute  a  fund  from  the  income  of 
which  the  salaries  of  the  astronomer,  his  assistants  and  at- 
tendants, should  be  paid ;  a  fourth  and  fifth,  for  the  neces- 
sary instruments  and  books ;  a  sixth  and  seventh,  for  a  fund 
from  the  income  of  which  the  expense  should  be  defrayed  of 
publishing  the  ephemeris  of  observations,  and  a  yearly  nauti- 
cal almanac.  These  appropriations  may  be  so  distributed 
as  to  apply  a  part  of  the  appropriation  of  each  year  to  each 
of  those  necessary  expenditures ;  but  for  an  establishment 
so  complete  as  may  do  honor  in  all  time  alike  to  the  testa- 
tor and  his  trustees,  the  United  States  of  America,  I  cannot 
reduce  my  estimate  of  the  necessary  expenses  below  two 
hundred  thousand  dollars. 

My  principles  for  this  disposal  of  the  funds  are  these : 

1st.  That  the  most  complete  establishment  of  an  astrono- 
mical observatory  in  the  world  should  be  founded  by  the 
United  States  of  America;  the  whole  expense  of  which, 
both  its  first  cost,  and  its  perpetual  maintenance,  should  be 
amply  provided  for,  without  costing  one  dollar  either  to  the 
people  or  to  the  principal  sum  of  the  Smithsonian  bequest. 

2d.  That  by  providing  from  the  income  alone  of  the  fund, 
a  supplementary  fund,  from  the  interest  of  which  all  the 
salaries  shall  be  paid,  and  all  the  annual  expenses  of  publica- 
tion shall  be  defrayed,  the  fund  itself  would,  instead  of  being 
impaired  accumulate  with  the  lapse  of  years.  I  do  most 
fervently  wish  that  this  principle  might  be  made  the  fun- 
demental  law,  now  and  hereafter,  so  far  as  may  be  practi- 
cable, of  all  the  appropriations  of  the  Smithsonian  bequest. 


848       PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

3d.  That,  by  the  establishment  of  an  observatory  upon 
the  largest  and  the  most  liberal  scale,  and  providing  for  the 
publication  of  a  yearly  nautical  almanac,  knowledge  will  be 
diffused  among  men,  the  reputation  of  our  country  will  rise 
to  honor  and  reverence  among  the  civilized  nations  of  the 
earth,  and  our  navigators  and  mariners  on  every  ocean  be 
no  longer  dependent  on  English  or  French  observers  or 
calculators,  for  the  tables  indispensable  to  conduct  their 
path  upon  the  deep. 

In  the  document  to  which  I  have  above  referred,  there  is 
a  letter  from  Mr.  de  Wallenstein,  then  attached  to  the  Rus- 
sian legation  in  this  country;  a  report  from  Major  Kearney, 
of  the  topographical  engineers ;  and  extracts  from  a  me- 
moir of  Mr.  Francis  Baily,  respecting  a  new  method  of 
determining  the  longitude ;  all  of  which  contain  precious 
information,  both  of  facts  and  of  encouragement  to  the 
application  of  a  strenuous  and  persevering  effort,  on  the  part 
of  the  Government  of  the  United  States,  to  contribute  their 
effective  aid,  by  this  establishment,  to  the  progress  of  phys- 
ical and  mathematical  science.  When  the  opportunity  for 
this  is  afforded  by  the  munificence  of  a  foreigner,  without 
needing  the  taxation  of  a  dollar  upon  the  people,  I  cannot 
forego  the  hope  that  this  opportunity  will  not  be  lost,  be- 
lieving that,  of  all  the  physical  sciences,  there  is  none  for 
the  cultivation  of  which  brighter  rewards  of  future  discov- 
ery are  reserved  for  the  ingenuity  and  industry  of  man, 
than  practical  astronomy. 

There  is  appended  to  the  same  Congressional  document 
a  memorial  to  Congress  from  William  Allen,  president  of 
Bowdoin  College,  and  sundry  other  distinguished  citizens 
of  the  State  of  Maine,  praying  for  the  establishment,  at  the 
charge  of  the  nation,  of  an  astronomical  observatory  in  the 
town  of  Brunswick,  in  that  State  ;  and  a  memorial  of  Mr. 
Hassler,  recommending  two  observatories — one  in  Maine 
and  one  in  Louisiana."  The  memorial  from  Maine  urges 
with  great  force  and  elegance  some  of  the  general  consider- 
ations pointing  to  the  usefulness  and  importance  of  an 
astronomical  observatory  in  the  western  hemisphere.  But 
it  is  doubtful,  at  least,  whether  any  application  of  the 
Smithsonian  bequest  can,  in  fulfillment  of  the  testator's 
will,  be  located  otherwise  than  in  the  city  of  Washington  ; 
and  if  hereafter  Congress  should  ever  be  disposed  to  appro- 
priate any  portion  of  the  national  funds  to  these  elevated 
purposes,  observatories  may  be  erected  in  Maine,  or  Louis- 
iana, or  both,  which  may  be  auxiliary  to  the  labors  of  the 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        849 

Smithsonian   Institution   at  Washington,  without   in   any 
manner  interfering  with  its  pursuits. 

If  the  President  should  approve  and  give  the  weight  of 
his  recommendations  to  those  suggestions,  I  have  no  doubt 
they  will  receive  the  sanction  of  Congress  at  their  next 
session.  As  I  propose  the  appropriation  for  seven  success- 
ive years  of  all  the  income  from  the  fund  to  this  special 
object,  there  will  be  ample  time  for  considering  the  best 
manner  of  appropriating  the  same  income  afterwards  to 
permanent  establishments  for  increasing  and  diffusing  knowl- 
edge among  men.  Nothing  could  be  more  easy  than  to 
dispose  of  a  fund  ten  times  as  large,  without  encroaching 
upon  the  proper  sphere  of  any  school,  college,  university,  or 
academy.  Not  so  easy  will  it  be  to  secure,  as  from  a  rattle- 
snake's fang,  the  fund  and  its  income,  forever,  from  being 
wasted  and  dilapidated  in  bounties  to  feed  the  hunger  or 
fatten  the  leaden  idleness  of  mountebank  projectors,  and 
shallow  and  worthless  pretenders  to  science. 

Since  I  began  this  letter,  I  have  conferred  with  Mr.  Ban- 
croft, the  collector  of  the  customs  at  Boston,  concerning  its 
object,  who  has  promised  to  communicate  his  views  of  the 
subject  to  the  President.  I  may,  perhaps,  after  consultation 
with  others,  again  address  you  in  relation  to  it  before  my 
departure  for  Washington. 

I  am,  very  respectfully,  sir,  your  obedient  servant, 

JOHN  QUINCY  ADAMS. 

JOHN  FORSYTE,  Esq., 

Secretary  of  State  of  the  United  States,  Washington. 


Letter  from  JRichard  Rush. 

SYDENHAM,  NEAR  PHILADELPHIA,  November  6,  1838. 
SIR  :  .Referring  to  your  letter  of  July,  the  receipt  of  which 
I  had  the  honor  to  acknowledge,  and  desiring  now  to  meet 
the  wishes  it  conveys,  however  sincerely  distrustful  I  am  of 
myself  in  attempting  the  task,  I  proceed  to  remark :  That 
a  university  or  college,  in  the  ordinary  sense,  or  any  insti- 
tution looking  to  primary  education,  or  to  the  instruction 
of  the  young  merely,  does  not  strike  me  as  the  kind  of  in- 
stitution contemplated  by  Mr.  Srnithson's  will ;  declaring  it, 
in  language  simple,  yet  of  the  widest  import,  to  be  "  for  the 
increase  and  diffusion  of  knowledge  among  men,"  and 
making  the  United  States  the  trustee  of  his  intentions,  it 
seems  to  follow  that  it  ought  to  be  as  comprehensive  as 

54 


850        PROPOSED   APPLICATIONS    OF    SMITHSON's    BEQUEST. 

possible  in  its  objects  and  means,  as  it  must  necessarily  be 
national  in  its  government.  In  turning  my  thoughts  to  the 
subject,  it  is,  therefore,  only  upon  a  basis  the  most  compre- 
hensive, under  all  views,  that  I  can  think  of  any  general 
plan  for  its  organization.  Hence  it  appears  to  me  : 

1.  That  even  officers  of  the  United  States,  abroad  and  at 
home,  might  be  made  subservient  to  some  of  the  main  ob- 
jects of  the  institution — as  their  consuls,  naval  and  military 
officers ;  and,  I  would  add,  their  foreign  ministers. 

Consuls,  by  their  residence  in  foreign  ports,  have  oppor- 
tunities of  becoming  acquainted  with  the  natural  history 
and  productions  of  the  places  where  they  reside,  and  learn- 
ing other  things  useful  to  be  known.  This  class  of  officers 
had  instructions,  at  a  former  period  of  the  Government,  to 
send  home  seeds,  plants,  and  other  productions,  beneficial 
to  agriculture,  manufactures,  or  any  of  the  useful  arts.  But 
their  efforts  were  frustrated  or  impeded  for  wunt  of  a  fund 
to  defray  incidental  expenses,  which,  however  small,  con- 
stitutional scruples  existed  against  providing.  The  Smith- 
sonian fund  might  supply  the  means  of  renewing  such 
instructions,  giving  to  them  more  scope  as  well  as  efficacy. 

Our  naval  officers,  those  especially  in  separate  commands 
on  foreign  stations,  must  have  opportunities  of  gaining 
knowledge  in  other  spheres  than  those  to  be  filled  by  their 
usual  reports  to  the  Navy  Department :  and  the  same  may 
be  said  of  officers  of  the  army,  in  regard  to  the  War  De- 
partment. Many  of  the  latter,  by  their  stations  at  garrisons, 
or  employment  otherwise  in  remote  and  unexplored  parts 
of  our  country,  have  the  means,  as  past  instances  testify,  of 
collecting  facts  bearing  upon  its  geology,  its  natural  history 
in  all  branches,  its  antiquities,  and  the  character  of  its  abo- 
riginal races ;  the  communication  of  which  might  advanta- 
geously fall  in  with  the  purposes  of  this  institution,  and  be 
ultimately  promulgated  through  its  instrumentality. 

I  propose  to  include,  also,  ministers  plenipotentiary  among 
the  functionaries  who  might  serve  the  institution,  and, 
through  it,  the  general  public,  on  this  occasion.  By  their 
power  of  commanding  the  best  intercourse  in  the  several 
communities  to  which  they  are  sent,  they  may  open  to 
themselves  avenues  to  knowledge  of  all  kinds ;  the  trans- 
mission of  which  to  the  institution,  under  executive  instruc- 
tions to  that  effect,  might  often  prove  of  high  value.  It 
would  not  be  expected  from  them  but  at  convenient  inter- 
vals, and  never  when  interfering  with  their  primary  duties. 
When  an  appropriate  channel  was  opened  for  receiving 
communications  of  this  nature,  they  would  become,  it  may 


PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST.       851 

be  presumed,  an  agreeable  appendage  to  the  primary  duties 
of  our  ministers,  affording  a  resource  for  their  leisure,  with 
opportunities  of  a  more  enlarged  usefulness  to  their  country, 
and  fame  to  themselves.  Permanent  missions  were  once 
objected  to  by  Mr.  Jefferson,  as  not  within  the  true  theory 
of  our  foreign  intercourse,  which  seems  to  countenance  the 
more  a  proposal  for  connecting  with  them  the  honorable 
appendage  suggested,  since  neither  official  dignity  nor  use- 
fulness can  ever  be  impaired,  though  both  may  be  height- 
ened, by  co-association  with  knowledge  in  other  fields. 

2.  A  building  to  be  erected  at  Washington,  with  accom- 
modations for  the  business  of  the  institution.  Ground  to 
be  attached  to  it,  sufficient  for  reproducing  seeds  and  plants, 
with  a  view  to  diffusing  through  the  country  such  as  might 
be  found  to  deserve  it.  The  officers  of  the  institution  to  be 
a  director,  a  secretary,  a  librarian,  and  a  treasurer.  Persons 
to  be  under  them  to  take  care  of  the  building  and  grounds. 
The  officers  to  be  appointed  by  the  President  and  Senate. 
The  director  to  make  an  annual  report  to  Congress  on  the 
state  of  the  institution,  andoftener  if  necessary.  Its  affairs 
to  be  subject  to  the  visitation  of  the  President,  aided  by  a 
standing  board,  to  consist  of  the  chief  officers  of  the  Gov- 
ernment, say,  taking  the  example  of  a  law  already  in  the 
statute  book  in  relation  to  the  finances,  the  Vice-President, 
the  Chief  Justice,  the  Secretaries  of  State  and  the  Treasury, 
and  the  Attorney  General.  The  institution  to  have  its  press, 
as  the  University  of  Oxford,  or  otherwise  authority  to  em- 
ploy one  for  printing  communications  sent  to  it,  and  the 
lectures  to  be  presently  mentioned.  Nothing  to  be  printed 
but  under  the  sanction  of  the  director  and  standing  board 
of  visitors.  To  this  and  other  ends,  for  the  good  govern- 
ment of  the  institution,  the  standing  board  to  have  the 
right  to  call  in  the  assistance  of  three  or  more  scientific  or 
literary  persons  unconnected  with  it.  The  profits  arising 
from  all  publications  to  go  in  aid  of  the  funds  of  the  insti- 
tution. Communications  from  learned  societies,  or  from 
individuals  eminent  in  science  or  letters,  in  whatever  part 
of  the  world,  to  be  received  by  the  director,  and  taken 
charge  of  by  the  secretary.  The  director  to  be  authorized 
to  correspond  with  any  such  societies  or  persons.  A  coun- 
cil to  assemble  once  a  month,  to  consist  of  the  officers  of 
the  institution  and  the  lecturers  attached  to  it,  before  which 
all  communications  to  be  laid.  Order  to  be  then  taken  upon 
them.  Such  as  go  upon  the  archives,  with  a  view  to  the 
question  of  publication,  to  be  brought  under  the  considera- 
tion of  the  standing  board  of  visitors  at  the  proper  time, 


852       PROPOSED   APPLICATIONS    OF   SMITHSON  S    BEQUEST. 

when  that  question  will  be  decided.  The  director  to  preside 
at  these  councils,  at  the  meetings  of  the  standing  board  of 
visitors,  and  at  all  other  meetings  required  by  the  business 
of  the  institution ;  and  the  secretary  to  keep  the  minutes. 
The  standing  board  of  visitors  to  hold  stated  meetings  twice 
a  year,  and  assemble  on  other  occasions  when  they  deem  it 
necessary.  At  the  commencement  of  the  institution,  the 
duties  of  librarian  and  treasurer  to  be  united  in  the  same 
person. 

3.  Lectureships  to  be  established,  comprehending  as  many 
of  the  leading  branches  of  physical  and  moral  science  as 
the  funds  of  the  institution  may  be  able  to  bear.  Apparatus 
to  be  provided  for  the  branches  requiring  it.  One  of  the 
lectureships  to  be  dedicated  to  government  and  public  law. 
When  conflicting  opinions  on  government  are  raging  in  the 
world,  to  have  the  democratic  principle,  as  modified  by  our 
systems  of  representation,  and  the  conjoint  workings  of  the 
federative  and  national  principle,  illustrated  in  elementary 
disquisitions,  apart  from  temporary  topics  and  passions,  is  a 
desideratum  which  the  Smithsonian  Institution  might  sup- 
ply. Such  productions  seem  due  to  mankind,  as  to  our- 
selves, imperfectly  described  as  our  institutions  have  been, 
through  adverse  feelings  in  the  writers ;  it  having  generally 
fared  with  us  as  the  cause  of  Roman  liberty  fared  in  the  hands 
of  royal  historians.  Rarely  can  foreigners,  however  enlight- 
ened, be  equal  to  the  task  of  justly  analyzing  the  complicated 
movements,  unintelligible  to  hasty  observers,  yet  full  of 
harmony,  that  maintain  the  order,  prosperity,  and  freedom, 
of  this  great  confederated  republic,  under  guards  combin- 
ing the  efficacy  of  popular  sovereignty  with  its  safety. 
Authentic  explanations  of  them,  all  issuing  from  this  insti- 
tution, at  an  age  when  steam  is  quickening  all  intercourse 
throughout  the  world,  would  give  new  motives  for  listening 
to^the  doctrines  and  results  of  the  democratic  principle  in 
this  hemisphere.  So  expounded,  it  would  go  before  the 
world  without  disparagement,  and  be  fairly  judged  by  its 
results.  Under  public  law,  the  tenets  of  America,  now 
locked  up  in  diplomacy,  or  otherwise  hidden  or  overlooked 
in  Europe,  might^come  into  useful  publicity ;  her  proposals 
to  Europe  to  abolish  privateering,  and  prohibit,  public  ships 
from  capturing  merchant  vessels  upon  the  ocean,  thus  for- 
ever stripping  war  of  more  than  half  its  evils  upon  that 
element— a  stride  in  civilization  to  transcend,  whenever  it 
may  be  made,  the  West  India  abolition  act ;  her  resistance, 
single-handed,  against  the  enforcement  of  British  municipal 
law  upon  the  ocean,  as  seen  in  the  individual  miseries  and 


PROPOSED   APPLICATIONS    OF   SMITHSON'S    BEQUEST.        853 

national  violations  involved  in  the  feudal  claim  of  impress- 
ment, and  her  desire,  shown  in  other  ways,  for  freeing  the 
international  code  from  barbarous  relics,  whereby  this  in- 
stitution, working  in  its  orbit  of  calm  discussion,  might 
become  the  ally  of  America  towards  gaining  for  these  great 
public  benefactions,  and  others,  the  growth  of  our  institu- 
tions, in  our  days,  (so  maligned  for  retaining  the  domestic 
servitude  bequeathed  to  them  by  our  progenitors,)  favor 
and  acceptance  among  nations.  The  steady  abhorrence  ex- 
pressed by  this  Government  against  employing  savages  in 
warfare  between  civilized  and  Christian  States,  and  its 
abortive  negotiations  to  prevent  it,  would  further  illustrate 
the  harmonizing  policy  of  America.  Such  are  samples  of 
the  maxims  that  might  claim  elucidation  from  an  institution 
reared  under  the  sanction  of  this  republic,  and  thence,  by 
the  principle  of  its  existence,  desirous  of  doing  justice  to 
them,  examined  in  juxtaposition  with  those  taught  in  the 
ancient  and  cloistered  seminaries  of  the  old  world,  and 
upheld  by  its  Governments. 

The  other  lectureships,  and  the  foregoing,  might  be  made 
to  yield,  each  in  its  proper  field,  contributions  to  "  the 
increase  and  diffusion  of  knowledge  among  men."  I  am 
aware  that  voluntary  lectureships  have  not  always  been 
found  to  succeed.  But  in  the  foundation  of  these,  consider- 
ing the  time  and  all  concomitant  circumstances,  there  seems 
reasonable  ground  for  anticipating  success.  The  plan 
would  imply  that  the  lecturers  be  also  appointed  by  the 
President  and  Senate.  It  would  imply  that  their  salaries 
be  ample  enough  to  command  the  best  men,  and  admit  of 
the  exclusive  devotion  of  their  time  to  the  studies  and  in- 
vestigations of  their  posts.  They  might  even  be  laid  under 
the  restriction  of  not  engaging  in  other  pursuits,  as  our 
laws  interdict  the  revenue  officers  from  trading.  Genius 
being  of  all  countries,  and  the  intentions  of  the  founder 
peculiarly  expanded,  the  range  of  our  own  and  other  coun- 
tries would  be  open  for  selecting  the  incumbents.  The 
desire  of  fame,  increased  by  the  hope  of  their  lectures  being 
published,  might  be  expected  to  stimulate  them  to  exertion ; 
and  if  incentives  so  high  were  wanting,  the  tenure  of  their 
appointments,  where  the  Executive  and  public  eye  would 
be  upon  them,  would  act  as  a  guard  against  slackness  in 
their  duties.  If  knowledge  is  power,  power,  directing 
knowledge,  may  make  it  efficacious.  The  place  where  the 
lectures  were  delivered  would  impart  to  them  interest  and 
dignity.  If  delivered  when  Congress  was  in  session,  and 
not  recurring  too  often,  some  of  the  members  might  be  ex- 


854        PROPOSED    APPLICATIONS    OF    SMITHSON's   BEQUEST. 

pected  occasionally  to  attend;  as  it  change  from  the  turmoil 
of  politics,  and  possibly  a  good  influence  on  legislation 
itself,  might  grow  out  of  these  new  intellectual  elements 
gathering  about  its  precincts.  To  the  public  functionaries 
of  all  sorts,  to  distinguished  foreigners,  and  to  visitors  at 
Washington,  as  well  as  its  resident  inhabitants,  the  Smith- 
sonian lectures  might  prove  attractive.  It  will  have  been 
their  lot,  if  established,  to  spring  up  when  stupendous 
agents  in  nature,  arid  new  contrivances  in  art,  are  changing 
the  state  of  the  world,  in  peace  and  for  war ;  when  this 
country  is  taking  a  conspicuous  share  in  these  magnificent 
innovations,  which  some  of  the  lectures  would  doubtless 
treat  of,  and  when  the  successful  results  of  its  popular  in- 
stitutions hitherto  are  among  the  causes  at  work  in  modify- 
ing the  political  and  social  condition  of  other  nations.  Can 
it  be  that,  delivered  under  such  circumstances,  they  would 
be  devoid  of  interest?  Centering  in  the  capital  of  the 
Union,  to  which  the  eyes  of  the  States  are  apt  to  turn  with 
a  curiosity  both  natural  and  ambitious,  may  not  these  lec- 
tures do  their  part  also,  if  recommended  by  ability,  towards 
raising  up  among  us  new  homage  to  mental  accomplish- 
ments and  renown,  those  memorials  of  a  nation's  glory, 
when  others  perish  ? 

Each  lecturer,  at  the  conclusion  of  his  course,  to  deposit 
with  the  director  a  copy  of  his  lectures.  These  to  be  pub- 
lished, or  not,  as  determined  by  the  board  of  visitors. 
Hence,  if  the  audience  in  the  lecture-rooms  proved,  after 
all,  to  be  inconsiderable,  the  publication  of  the  lectures, 
when  of  merit  to  authorize  it,  would  be  fulfilling  the 
intentions  of  the  founder,  and  the  prospect  of  publication 
be  sufficient  to  keep  up  the  spirit  of  the  lecturer.  We 
have  heard  of  the  Bridge  water  Treatises,  in  England, 
emanating  from  the  provisions  of  a  munificent  will.  Per- 
haps it  might  not  be  too  sanguine  to  anticipate,  in  good 
time,  from  the  Smithsonian  lectures,  disquisitions  doing 
honor  to  their  authors,  and,  let  it  be  hoped,  to  their  coun- 
try, whilst  diffusing  knowledge  among  men  every  where. 
We  have  seen,  also,  the  publications  that  issue  from  those 
recently  formed  associations  that  hold  their  annual  meetings 
in  Europe,  and  seem  to  have  made  science  a  fashion  there, 
enrolling  statesmen,  and  nobles,  and  kings,  among  its  vota- 
ries. May  not  the  Smithsonian  Institution  mark  an  occa- 
sion for  our  country  to  start  in  this  rivalry  of  mind?  The- 
race  among  nations  is  going  on,  of  wealth,  of  power,  and 
of  science;  the  two  first  extending  as  the  last  extends.  An 
immense  achievement,  which  the  present  year  has  finally 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.       855 

witnessed,  the  crossing  of  the  Atlantic  by  steam,  is  a  revo- 
lution in  human  affairs.  Distance,  once  an  element  in  our 
safety,  as  in  all  our  relations  with  the  old  world,  and  the 
basis  on  which  rested  essential  maxims  in  our  policy,  has 
disappeared.  Europe  has  suddenly  become  neighbor  to  us, 
for  good  and  for  evil,  involving  consequences  that  baffle  all 
foresight.  Our  statesmen  must  wake  up  to  the  mighty 
change.  There  is  no  time  to  lose.  They  will  have  to  ask 
themselves  what  are  the  parts  of  our  policy  to  be  accom- 
modated to  the  change.  Our  men  of  science,  feeling  new 
excitements  from  this  approximation  of  the  hemispheres, 
will  naturally  be  on  the  alert,  growing  more  emulous  in 
their  several  fields.  The  continent  that  Columbus  found 
was  a  desert,  or  overspread  with  barbarous  people  and  in- 
stitutions. The  continent  that  steam  has  found  teems  with 
civilization,  fresh,  advancing,  and  unavoidably  innovating 
upon  the  old  world.  The  statesmen,  the  warriors,  the 
active  and  enterprising  men,  the  whole  people  of  the  two 
worlds,  now  almost  confront  each  other.  It  is  at  such  a 
point  in  the  destinies  of  America  that  the  Smithsonian 
Institution  comes  into  being.  By  their  physical  resources 
and  power,  the  United  States  are  well  known.  Their  re- 
sources of  intellectual  and  moral  strength  have  been  more 
in  the  back  ground ;  but  may  not  an  auspicious  develop- 
ment of  them  be  aided  by  an  institution  like  this,  rising  up 
in  their  capital  simultaneously  with  this  new  condition  of 
things,  guarded,  as  it  will  be,  by  the  annual  watchfulness, 
fostered1  by  the  annual  care,  and  improved,  from  time  to 
time,  by  the  superintending  wisdom  of  Congress  ? 

The  usefulness  of  the  institution  would  doubtless  be  in- 
creased, if  young  men  could  be  regularly  educated  at  it. 
But  here  imperious  obstacles  seem  to  interpose.  If  I  only, 
in  conclusion,  touch  this  part  of  the  plan,  without  dilating 
upon  it,  it  is  from  a  fear  that  the  fund  would  not  bear  their 
maintenance,  in  connection  with  what  has  seemed  to  me 
other  indispensable  objects.  Perhaps  a  limited  number  who 
had  passed  the  age  of  18,  taken  equally  from  the  different 
States,  say  two  from  each,  under  the  federative  principle, 
might  come  to  the  institution,  be  formed  into  a  class,  and 
attend  its  lectures  for  a  couple  or  three  courses ;  their 
expenses  to  be  paid  under  such  restrictions  as  the  Govern- 
ment might  prescribe,  and  the  young  men  to  undergo 
public  examinations  at  the  end  of  the  term,  prize  medals 
being  awarded  by  the  board  of  visitors  or  a  committee  of 
Congress,  to  keep  the  tone  of  ambition  high.  But  would 
the  fund  bear  even  this  ?  Again,  I  fear  not. 


85G       PROPOSED    APPLICATIONS    OF    SMITIISOX'S    BEQUEST. 

In  the  foregoing  suggestions  as  to  the  nature  of  the  insti- 
tution, sent  to  you  in  compliance  with  the  President's  call, 
J  have  confined  myself  to  a  very  general  outline  and  a  few 
reflections.  The  subject  has  many  aspects,  and  I  have  dealt 
only  with  some  of  them,  and  those  partially.  It  is  intrin- 
sically one  on  which  much  diversity  of  opinion  may  be 
expected  to  prevail,  and  that  hardly  any  discussion  could 
exhaust.  However  honored  by  the  President's  call,  and 
desirous  of  responding  to  it  adequately,  I  have  felt  incom- 
petent to  the  task  of  going  into  the  arrangements  in  detail 
necessary  to  the  complete  organization  of  an  institution, 
designed  by  its  philanthropic  founder  to  be  so  universal  in 
its  scope,  so  far-reaching  in  its  benefits.  It  ought  to  have 
all  the  simplicity  compatible  with  its  ends ;  but  these  are 
momentous,  since  they  may  run,  by  their  effects  into  dis- 
tant ages.  It  is  like  a  new  power  coming  into  the  republic — 
its  means  the  human  mind;  its  ends  still  the  triumphs  of 
the  mind;  its  fields  of  glory  beneficent  and  saving — a 
power  to  give  new  force  to  the  moral  elements  of  our  insti- 
tutions, helping  to  illustrate,  strengthen,  and  adorn  them. 
Such,  in  my  humble  conception,  it  is,  or  may  be  made. 
Even  as  to  the  brief  outline  I  venture  upon,  for  the  plan  of 
such  an  institution,  I  must  repeat  how  greatly  I  distrust 
myself,  sketched  as  it  has  been,  without  consultation  with 
others,  giving  their  thoughts  to  the  same  subject,  who  might 
have  corrected,  modified,  and  improved,  my  own.  If  any 
of  these  can  be  turned  to  the  least  profit  in  abler  hands,  or 
serve  to  start  better  ones  in  better  minds,  I  shall  be  amply 
rewarded. 

I  beg  to  add  that  this  communication  would  have  been 
sooner  sent  to  you,  but  for  interruptions  incident  to  the  first 
month  or  two  after  returning  to  my  home  after  a  two  years' 
absence. 

With  great  respect,  I  have  the  honor  to  be  your  obedient 
servant, 

RICHARD  RUSH. 

To  JOHN  FORSYTH, 

Secretary  of  Slate  of  the  United  States. 


Letter  from,  S.  Chapin. 

COLLEGE  HILL, 

WASHINGTON,  D.  C.,  November  26,  1838. 
SIR  :  In  an  interview  I  had  with  you  sometime  since,  you 
desired  me  to  express  my  views  respecting  the  anticipated 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        857 

Smithsonian  Institution.  I  will  therefore  attempt  to  do  so, 
though  conscious  of  my  inability  to  do  justice  to  a  subject 
so  important  in  its  character  and  relations.  If  it  be  wisely 
organized,  and  supplied  with  a  corps  of  distinguished  pro- 
fessors in  the  various  departments  of  learning,  it  will  affect 
not  only  the  highest  interests  of  our  country,  but  its  influ- 
ence will  be  felt  in  foreign  lands.  Let  it  go  up  in  a  char- 
acter worthy  of  its  liberal  founder,  let  it  be  sustained  with 
the  zeal  and  liberality  becoming  the  object  and  our  own 
reputation,  and  it  will  add  to  our  national  points  of  union  : 
in  these  we  are  not  very  rich,  and,  therefore,  should  be  glad 
to  multiply  them,  to  bind  together  more  firmly  the  elements 
of  the  American  confederation.  The  object  of  the  contem- 
plated institution  is  "the  cultivation  and  diffusion  of  knowl- 
edge among  mankind."  This  object,  I  believe,  is  distinctly 
expressed  in  the  will  of  Mr.  Smithson.  In  making  his  will, 
he  probably  had  his  eye  upon  those  modern  institutes  and 
universities  of  Europe,  which  are  designed,  not  to  teach  the 
first  elements  of  science  and  letters,  but  to  receive  gradu- 
ates, and  men  looking  forward  to  professional  eminence, 
for  the  purpose  of  advancing  them  to  the  highest  grades  of 
learning,  and  thus  to  give  them  power  to  enlarge  the  boun- 
daries of  knowledge,  by  fresh  discoveries  and  investigations. 
We  may  conclude,  then,  that  he  intended  his  bequest  should 
be  applied  to  the  erection  of  an  institution  for  liberal  and 
professional  purposes,  and  for  the  promotion  of  original 
investigations — to  carry  scholars  through  a  range  of  studies 
much  above  those  of  the  ordinary  collegiate  course.  I  am 
happy  to  know  that  this  is  the  opinion  of  John  Quincy 
Adams,  a  gentleman  whose  judgment  in  the  present  case  is 
entitled  to  all  respect. 

Admitting  that  this  is  to  be  its  object,  it  is  natural  to 
inquire,  in  the  next  place,  how  it  should  be  organized,  so  as 
most  fully  to  promote  this  design.  In  organizing  it,  respect 
should  be  had  to  the  spirit  of  the  present  age,  to  the  genius 
of  our  Government,  and  to  our  peculiar  wants  as  a  nation. 
It  is  of  vital  moment  that  it  should  receive  such  a  shaping 
as  will  best  correspond  with  all  the  particulars.  Many  of 
the  institutions  of  learning  in  Europe,  in  rigidly  adhering 
to  systems  of  government  and  instruction  settled  for  ages, 
altogether  different  from  our  own,  do  not  send  forth  men 
fitted  to  meet  the  exigencies  of  modern  society.  Though 
richly  endowed,  and  supplied  with  teachers  of  great  powers 
and  attainments,  they  serve  for  little  else  than  to  show  the 
strength  of  the  current  that  is  setting  by  them.  We,  at 
this  day,  and  especially  in  this  country,  need  men  who  are 


858        PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

acquainted  with  something  better  than  the  learning  of  the 
ancient  schools,  men  who  have  studied  profoundly  the  rela- 
tion of  scientific  principles  to  practical  purposes,  and  who 
can  teach  their  fellow-men  how  to  apply  them  in  advancing 
the  public  welfare. 

The  general  superintendence  of  the  institution  may  be 
committed  to  a  board  of  commissioners,  appointed  by  Gov- 
ernment, to  hold  their  offices  during  good  behavior,  and 
with  power  to  perpetuate  their  existence.  In  this  way,  the 
institution  would  not  only  be  free  from  the  evils  of  frequent 
changes  and  political  agitations,  but  would  secure  to  itself, 
111  the  highest  degree,  the  benefits  of  personal  obligation. 
These  commissioners  would  feel  a  deep  sense  of  their  respon- 
sibility, and  that  their  powers  and  permanency  in  place  were 
given  to  them  that  they  might  have  the  best  opportunity  to 
make  the  institution  what  it  ought  to  be — a  distinguished 
honor  to  their  country,  and  a  blessing  to  the  world. 

Let  this  board  of  commissioners  procure  the  best  men 
that  can  be  found  to  fill  the  several  professorships  that  may 
be  instituted ;  and,  in  order  to  secure  the  services  of  men 
of  the  first  powers  and  attainments,  to  lecture  and  conduct 
investigations  in  their  appropriate  departments,  let  their 
several  means  to  facilitate  their  studies  be  ample,  and  their 
stated  salaries  liberal ;  and  then  its  public  course  of  lectur- 
ing will  be  most  fully  attended,  numbers  being  allured  both 
by  the  fame  of  the  professors  and  the  lightness  of  the  fees. 
It  was  in  consequence  of  high  salaries  that  the  University 
of  Gottingen,  in  the  18th  century,  rose  to  the  first  eminence 
in  Germany. 

As  the  funds  are  not  now,  nor  are  they  likely  to  be  for 
some  time  to  come,  sufficient  to  support  professorships  in 
the  whole  circle  of  science,  it  will  be  necessary  to  make  a 
selection.  The  temptation  will  be  to  undertake  too  much. 
A  few  chairs,  well  filled  and  well  sustained,  would  effect 
more  than  a  number  far  greater  than  there  are  adequate 
means  to  support.  In  deciding  upon  the  branches  of 
knowledge  to  be  taught,  I  would  select  those  that  would 
make  the  institution  as  much  American  as  a  regard  for  gen- 
eral science  will  allow.  In  addition  to  the  ordinary  profes- 
sorships of  law,  of  medicine,  of  the  exact  sciences,  and 
physics,  of  classical  literature,  and  of  modern  languages, 
&c.,  I  would  have  one  of  the  English  literature,  one  of 
American  history,  one  of  American  constitutional  law  and 
jurisprudence,  one  of  American  institutions,  one  of  civil 
engineering  and  architecture,  one  of  the  practical  applica- 
tion of  the  exact  sciences  to  the  mechanic  arts. 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        859k 

You  will  perceive  that  I  have  said  nothing  about  profes- 
sorships in  the  department  of  metaphysics.  I  would  rather 
leave  the  whole  business  of  ethical  and  moral  philosophy  to- 
be  taught  elsewhere,  than  to  introduce  it  as  a  distinct  course 
in  a  national  institution  of  learning. 

Some  of  the  above  professorships  are  of  a  local  and  novel 
character;  but  this,  I  trust,  will  not  be  urged  as  an  objection 
against  them.  The  achievement  of  our  independence  formed 
an  epoch  in  the  political  world.  Let,  then,  the  institution 
of  this,  our  first  national  university,  form  an  epoch  in  the 
republic  of  science.  Much  might  be  said  in  recommending 
the  branches  appropriate  to  our  country.  They  are  such  as 
ought  to  be  adopted,  out  of  a  regard  to  our  reputation  and 
to  "our  present  wants  and  future  prospects.  What  have  we 
done,  as  yet,  to  enrich  and  improve  our  own  tongue  ?  Be- 
sides, when  we  consider  that  the  English  language  imbodies, 
perhaps,  richer  treasures  of  science  and  literature  than  any 
other,  and  when  we  consider  that  it  is  spoken  by  two  of  the 
most  commercial,  enterprising,  and  powerful  nations  upon 
the  earth — nations  which  are  doing  more  than  any  other  two 
that  can  be  named,  in  forming  colonies,  and  in  diffusing 
knowledge  arid  the  light  of  Christianity — how  powerful  is 
the  motive  to  cultivate  and  carry  it  to  the  highest  state  of 
refinement  and  power. 

With  regard  to  buildings,  it  may  be  remarked  that  it 
would  be  wisest  to  erect  no  more  than  are  necessary  for  the 
library,  the  apparatus,  a  cabinet  of  minerals,  collection  of 
models,  specimens,  curiosities,  &c.,  for  the  accommodation 
of  the  professors  when  lecturing  or  engaged  in  their  inves- 
tigations. The  scholars,  instead  of  eating  in  common, 
might  be  accommodated  in  private  boarding  houses.  If 
this  course  be  pursued,  the  interest  which  has  accrued  and 
which  will  accrue  on  the  bequest,  before  the  institution  can 
be  organized,  wTill  probably  be  sufficient  to  erect  all  the 
necessary  buildings,  and  leave  a  handsome  sum  to  be  ex- 
pended upon  a  library,  apparatus,  &c.,  so  that  the  whole  of 
the  original  donation  may  be  invested  for  a  permanent 
fund. 

It  will  be  of  vital  moment  that  the  professors  and  stu- 
dents should  be  rich  in  the  external  means  of  knowledge — 
an  extensive  and  well-chosen  library,  instruments,  appara- 
tus, models,  specimens,  &c.  Especially  would  I  recommend 
that  there  should  be  an  astronomical  observatory  connected 
with  the  institution.  The  expense  of  this  would  not  be 
very  great,  and  the  Government  are  already  in  possession 
of  many  of  the  requisite  instruments.  By  such  means,  a> 


:860        PROPOSED    APPLICATIONS    OF    SMITIISON's    BEQUEST. 

meridian  may  be  established,  not  only  for  our  own  country 
but  for  the  western  continent.  To  this  all  our  national  sur 
veys,  our  charts,  &c.,  may  be  referred.  Astronomica 
observations  might  be  made,  for  which  our  position  am 
climate  offer  peculiar  advantages.  There  is  now  no  observ 
atory  worth  naming  in  this  part  of  the  world.  Let,  then 
the  American  Government  now  build  one,  and  it  will  1101 
only  be  an  honor  to  the  nation,  but  it  will  be  a  powerfu 
reason  for  giving  permanency  to  the  present  seat  of  Gov 
ernment. 

It  may  not  be  thought  best  to  employ  any  artificial  meant 
for  stimulants  to  rivalship,  and  to  seek  for  literary  honors 
Congress  will  always  have  the  right  of  visitation,  and  the} 
can,  if  they  please,  direct  the  committee  whom  they  ma} 
appoint  to  attend  the  stated  examinations  of  the  varioue 
classes,  to  award  medals,  or  some  other  mark  of  distinction 
to  those  scholars  who  shall  give  the  best  proof  of  profi- 
ciency, or  the  ablest  essays  on  appointed  subjects.  But  il 
should  be  remembered  that  the  community  at  large  consti- 
tute, in  fact,  the  most  efficient  board  of  overseers,  and  thai 
that  institution  will  be  the  most  honored  and  frequented, 
which  sends  forth  the  best  prepared  and  the  most  faithful 
agents  to  meet  the  wants  of  their  country. 

I  have  the  honor,  sir,  to  be  yours,  with  sentiments  oi 
great  respect  and  esteem, 

S.  CHAPIN. 

To  MARTIN  VAN  BUREN, 

President  of  the  United  States. 


Letter  from  Horatio  Hubbdl. 

PHILADELPHIA,  September  20,  1838. 
To  the  President  of  the  United  States  : 

DEAR  SIR  :  I  had  the  honor  sometime  past  to  address  you 
a  letter  upon  the  subject  of  a  volunteer  navy,  which  subject 
I  shall,  at  some  future  day,  resume,  and  show  how  it  can  be 
effected  by  means  of  a  steam  navy,  (if  no  other  way,)  which 
will  supercede  among  civilized  nations,  every  other,  in  the 
course  of  the  next  thirty  years.  I  now,  however,  address 
you  upon  a  subject  of  more  importance  than  a  navy — I  mean 
upon  the  subject  of  education — as  that  subject  arises  out  of 
a  consideration  of  the  Smithsonian  legacy,  as  it  is  called. 
As  to  that  legacy,  the  first  thing  that  I  beg  of  you,  sir,  is  to 
guard  it  sacredly  from  those  cormorants  who  stand  ready 


PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST.        861 

upon  all  occasions  to  convert  everything  into  a  subject  of 
peculation.  The  Girard  College,  in  this  city,  is  an  instance 
of  this  avaricious  rapacity.  It  has  already  cost,  in  construct- 
ing the  builings,  I  am  most  credibly  informed,  2,000,000 
dollars,  and  will  make  the  fortune  of  all  concerned.  I  hope  it 
will  be  a  warning.  It  is  melancholy  to  behold  such  a  violation 
of  the  wishes  and  views  of  the  devisor.  It  seems  to  be  the 
mania  in  this  speculating  country,  that  when  a  college  or 
university  is  to  be  founded,  the  first  step  to  be  taken  is  to 
lay  out  the  funds  in  expensive  edifices,  and  that  when  this  is 
effected,  the  institution  is  established.  If  we,  however, 
consider  a  university  as  a  seat  of  learning,  and  not  as  a  public 
hotel,  we  see  that  something  else  is  requisite  besides  the 
erection  of  palaces  and  temples.  It  is  under  this  point  of 
view  that  I  submit  with  great  diffidence  the  following  sug- 
gestions to  your  better  judgment.  The  idea  that  I  connect 
with  the  notion  of  an  university  is,  as  before  suggested,  a 
seat  of  learning.  In  order  to  make  it  one,  such  a  library 
should  at  once  be  collected  as  will  exceed  any  now  in  the 
United  States,  will  compete  with  those  of  Europe,  (France 
and  Germany,)  and  will,  in  consequence,  induce  the  devotees 
of  science  and  learning  to  flock  to  it  from  every  part  of  the' 
country — your  university  will  then  flourish.  The  students 
of  that  university  will  progress  with  rapidity,  because  their 
means  of  acquisition  are  expanded.  You  will  not  only  have 
boys  studying  there,  but  men,  for  it  can  be  made  a  condi- 
tion of  access  to  these  books  that  they  pay  a  fee,  and  become 
enrolled  as  members  of  the  institution.  The  professors  of 
your  university  will  become  eminent  men  and  leading  teach- 
ers, because  they  will  have  treasures  at  hand,  from  which 
assiduity  and  diligence  can  collect  indefinitely.  Some  will 
tell  you  you  must  bring  learned  professors  together  to  form 
your  institution.  Let  me  say,  sir,  this  is  the  very  way  to 
make  them  so,  by  giving  them  the  means  and  by  spurring 
their  emulation  as  the  Germans  do,  as  I  shall  state  directly. 
No  one,  except  he  who  has  had  occasion  to  pursue  a  partic- 
ular branch  of  study,  can  feel  the  utter  dearth  of  books  that 
exists  in  this  country — having  myself  had  occasion  lately  to 
pursue,  some  mathematical  researches,  I  had  to  import  two 
hundred  dollars  worth  of  books.  In  forming  and  model- 
ing our  institutions  I  consider,  sir,  Germany  and  France  as 
the  leading  nations  of  the  civilized  world  on  the  subject  of 
education.^  The  vastncss  and  richness  of  their  libraries,  the 
number  and  unwearied  industry  of  their  scientific  and 
learned  men,  the  glorious  emulation  that  exists  amongst 
them,  and  the  singular  felicity  of  their  methods  of  instruc- 


862        PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

tion,  have  raised  them  to  this  splendid  elevation.  Having 
been  in  Germany,  and  being  in  constant  habits  of  familiarity 
with  learned  Germans,  I  can  speak  more  particularly  of 
that  great  country  which  forms  a  mighty  ganglion  in  human 
science.  The  universities  of  Germany  are  generally  situa- 
ted in  the  smaller  towns — some  in  mere  villages,  or  what 
would  be  villages  without  them — such,  for  instance,  are 
Halle  and  Gottingen.  There  are  no  buildings  to  distin- 
guish them,  except  one  or  two  halls  for  lectures  and  libra- 
ries ;  the  students  boarding  about  amongst  the  inhabitants. 
There  is  no  parade  of  splendid  buildings ;  the  ornaments  of 
these  universities  are  their  books,  their  collections,  their 
apparatus,  and  the  intellect  of  their  eminent  and  illustrious 
professors ;  how  could  they  be  otherwise,  with  libraries  of 
80,000, 100,000,  2  and  300,000  volumes.  The  professors  are 
classed  into  the  ordinary,  (ordentliche,)  and  the  extra  or 
extraordinary,  (ausserordentliche ;)  the  first  are  paid  by  the 
government,  salaries  of  about  $1,500,  our  mone}T,  and  they 
have  the  right  of  receiving  gratuitous  fees  from  the  stu- 
dents. The  extra  professors  receive  no  salaries,  but  depend 
entirely  on  gratuitous  fees  from  the  students,  their  diligence 
and  talent  frequently  carry  them  ahead  of  the  ordinaries. 
When  a  vacancy  happens  among  the  ordinary  professorships, 
the  extra  are  next  in  the  line  of  promotion  ;  from  this 
arrangement  you  will  perceive  there  are  in  a  German  uni- 
versity several  professors  on  the  same  subject — those  that 
know  the  most  have  the  largest  attendance,  and  take  the 
most  fees,  and  consequently  the  emulation  is  always  stimu- 
lated, and  leads  to  the  most  strenuous  exertions.  There  are 
sometimes  upwards  of  eighty  professors  in  a  university ; 
besides  the  professors,  there  are  the  private  dozen  answering 
to  our  tutors,  but  with  more  learning,  who  depend  on  fees, 
and  stand  next  to  the  extras  in  the  line  of  promotion.  In 
modeling  our  university,  I  should  think  this  plan  would  be 
advisable  to  be  adopted.  At  present,  I  am  not  aware  that 
anything  can  be  added  on  this  point ;  the  library  is  a  thing 
that  cannot,  perhaps,  be  carried  to  its  utmost  perfection  at 
once,  it  must  be  formed  carefully  and  judiciously — but  of 
the  five  hundred  thousand  dollars,  of  which  this  legacy  con- 
sists— Government  should  not  hesitate  to  lay  out  at  once 
one  hundred  and  fifty  thousand  dollars  in  the  purchase  of 
books  ;  this  would  form  a  nucleus,  to  which  gradual  addi- 
tions could  be  made  every  year.  The  one  hundred  and  fifty 
thousand  dollars  could  be  laid  out  the  most  judiciously  at 
the  great  Leipzig  fairs,  where  almost  all  the  intellectual 
productions  of  Europe  and  America  are  brought  together. 


PROPOSED    APPLICATIONS    OF   SMITHSON^S    BEQUEST.  -     863 

The  individuals  who  control  the  Girard  fund  have  employed 
.an  individual,  at  the  enormous  salary  of  $4,000  a  year,  to 
travel  in  Europe,  to  ascertain  the  best  methods  of  instruc- 
tion. I  will  undertake  to  say,  without  vanity,  that  I  will 
.sit  here  in  my  office,  and  from  my  knowledge  of  the  Ger- 
man and  French  languages,  I  will,  in  nine  months,  collect 
more  information  on  the  subject  of  education,  than  that  in- 
dividual can  or  will,  and,  in  addition  thereto,  I  will,  without 
charging  Government  a  cent,  except  my  needful  expenses, 
attend  at  the  fairs  of  Leipzig,  and  purchase  in  Germany  and 
France,  a  library  for  the  new  university,  encyclopedic  in  its 
character,  and  for  half  the  price  that  it  could  be  done  in 
England.  The  legacy,  if  I  am  correctly  informed,  amounts 
to  $500,000,  if  thereof  $50,000  is  devoted  to  the  purchase 
of  apparatus,  (the  best  can  be  procured  in  Munich,  in  Ger- 
many,) and  $150,000  for  the  library,  you  will  have  $300,000 
to  endow  ten  professorships,  at  $1,500  salary,  arising  from 
the  interest,  at  five  per  cent,  per  annum  of  the  $300,000. 
Congress  must  supply  appropriations  to  erect  a  hall  for  lec- 
tures and  for  the  library  and  apparatus,  and  to  endow  any 
other  professorship  necessary.  There  should  be  one  profes- 
sorship of  pure  mathematics,  one  of  applied  mathematics, 
one  of  astronomy,  one  of  the  other  branches  of  physics,  or 
what  we  commonly  call  natural  philosophy  ;  one  of  natural 
history,  for  it  is  a  disgraceful  fact  that  in  none  of  our  col- 
leges do  they  teach  Cuvier,  Buffon,  Oken,  or  our  own  Wil- 
son and  Audubon.  One  professorship  arising  out  of  the 
last,  to  wit :  for  the  science  of  rearing  and  taking  care  of 
all  domestic  animals  and  agricultural  products.  One  would 
suppose  that  these  two  last  professorships  would  be  of  some 
use  in  a  country  whose  riches  arise  from  their  sheep,  their  horses, 
and  if  not  now,  in  a  very  short  time,  from  their  silk  worms. 
Education  begins  now  to  be  a  synonymous  term  with  the 
progressive  advancement  of  our  race,  and  of  these  things 
men  have  begun  to  study  the  philosophy — one  of  chem- 
istry, theoretical,  one  of  chemistry,  applied  to  manufacture, 
one  of  chemistry  applied  to  agriculture.  Let  me  say,  that 
on  this  subject  professorships  cannot  be  too  much  multi- 
plied— it  is  the  great  lever  of  the  world — one  of  oriental 
languages,*  one  of  modern  languages,f  one  of  Latin  and 

*N.  B. — I  would  add  that  our  relations  begin  to  multiply  with  the  East 
in  embassies,  and  our  missionaries  want  the  Oriental  professorship. 

f  Almost  every  civilized  country  deems  it  necessary  that  their  diplomatic 
agents  should  be  able  to  converse  with  the  people  to  whom  they  are  sent : — 
•does  ours  ?  Then  the  professorship  of  modern  European  languages  would 
be  of  use. 


864       PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

Greek,  one  of  philology,  criticism,  logic,  and  metaphysics. 
As  an  university  should  embrace  the  whole  round  of  human 
science,  Congress  should  come  to  the  aid  of  the  legacy  ;  you 
should  have  a  faculty  of  medicine  and  law.  The  faculty  of 
mdicine  should  embrace,  besides  surgery,  anatomy,  botany, 
practice  of  medicine,  one  of  physiology  and  pathology ;  the 
homeopathic  materia  medica  and  practice  of  medicines,  besides 
the  old  allopathic  system,  for  which,  I  assure  you,  sir,  as  an 
individual,  I  have  the  most  sovereign  contempt.  The  old 
system  of  therapeutics,  I  suppose,  must  be  taught  for  fash- 
ion's sake,  but  its  hour  has  tolled.  These,  sir,  are  a  few  of 
the  ideas  that  have  occurred  to  me  relative  to  the  formation 
of  an  university. 

I  am  desirous  of  seeing  my  country  advance,  and  we 
never  shall  advance  unless  we  found  our  institutions  upon 
other  models  than  those  which  such  wretched  seminaries  as 

college  and  others  of  the  like  kind  present  through  our 

country.  Let  us  have  an  institution  where  men  can  be  in- 
structed, and  not  a  grammar  school,  where  even  the  rudi- 
ments of  learning  are  badly  imbibed. 

I  have  the  honor  to  remain,  dear  sir,  your  friend  and  fel- 
low citizen,  HORATIO  HUBBELL. 

To  Hon.  MARTIN  VAN  BUREN, 

President  of  the  United  States. 

From  The  Southern  Literary  Messenger,  Richmond,Va.,  1838, 
Vol.  7,  p.  828. 

The  time  is  rapidly  approaching  when  the  Congress  of 
the  United  States  will  be  compelled,  by  considerations  too 
strong  to  be  resisted,  to  give  effect  to  the  munificent  bequest 
of  Mr.  Smithson,  by  the  establishment  of  an  institute  at 
the  seat  of  the  National  Government,  for  the  "  diffusion  of 
knowledge  among  men."  In  view  of  this  important  move- 
ment, and  feeling  a  deep  interest  in  the  .successful  accom- 
plishment of  a  scheme  which  promises  so  much  benefit  to 
succeeding  generations,  we  have  taken  the  liberty  to  address 
various  inquiries  to  an  accomplished  friend,  in  relation  to 
Mr.  Smithson  himself,  as  well  as  the  proposed  institution  at 
Washington.  The  answer  to  the  first  part  of  our  inquiries, 
relating  to  the  character  and  philosophical  opinions  of  the 
testator,  we  have  now  the  pleasure  of  spreading  before  our 
readers,  and  we  hope,  in  the  January  number  of  the  Mes- 
senger, to  furnish  our  correspondent's  views,  in  detail,  of 
the  best  system  of  instruction  which  can  be  devised  in  ful- 


PROPOSED    APPLICATIONS    OF    SMITHSON?S    BEQUEST.        865 

fillment  of  the  testator's  intentions,  and  which  shall,  at  the 
same  time,  be  best  adapted  to  the  wants  and  genius  of  the 
American  people.  Our  obliging  correspondent,  by  his  con- 
nection with  learned  institutions  in  this  country,  and  famil- 
iar acquaintance  with  those  in  Europe,  could  have  no  supe- 
rior in  the  accomplishment  of  the  task  which  we  have  used 
the  freedom  to  solicit  at  his  hands. — Ed.  Lit.  Mes. 

LETTER. 

Mr.  TH.  W.  WHITE. 

MY  DEAR  SIR  :  I  received  your  letter  duly,  and  reply, 
with  much  pleasure,  at  the  earliest  opportunity. 

The  character  of  the  late  Mr.  Smithson,  is  certainly  very 
much  misunderstood  among  us.  That  a  man  of  a  philo- 
sophic turn  of  mind,  of  few  wants,  and  a  retired  habit  of 
life,  should  in  process  of  time  acquire  a  competent  fortune, 
is  not  at  all  strange.  As  to  the  way  in  which  he  thought 
n't  to  dispose  of  his  property,  the  very  act  itself  bears  the 
mark  of  a  most  noble  generosity,  and  is  a  public  token  of 
the  opinions  of  a  learned  foreigner  on  our  institutions  and 
Government. 

The  first  duty  of  an  executor,  is  to  perform  faithfully  the 
wishes  of  the  testator — as  far  as  he  can  understand  them. 
His  acceptance  of  the  trust  is  his  own  act.  But  once  having 
undertaken  that  task,  he  is  bound  by  the  laws  of  all  socie- 
ties to  proceed  to  its  completion. 

The  United  States  can  do  nothing  in  this  matter,  except 
what  is  dictated  by  the  loftiest  principles  of  honor.  There 
is  that  sensitiveness  among  us,  originating  in  a  feeling  of 
national  pride,  which  shrinks  from  anything  having  even 
the  remotest  appearance  of  a  misappropriation  for  self-ag- 
grandizement. We  are  an  exceedingly  wealthy  people — 
we  need  not  foreign  eleemosynary  aid  to  equip  exploring 
expeditions  or  erect  an  astronomical  observatory. 

Our  general  Government  has  undertaken  an  important 
duty.  It  has  received  from  the  hands  of  an  European  phi- 
losopher a  certain  sum  of  money,  binding  itself  to  apply  it, 
in  conformity  to  his  wishes,  for  the  diffusion  of  useful 
knowledge.  A  spectacle  so  singular  has  not  perhaps  been 
exhibited  before.  We  have  undertaken  to  perform  a  great 
duty  for  our  fellow  men  and  for  posterity.  The  eyes  of  the 
learned  in  all  parts  of  the  world  are  upon  us — it  is  a  point 
on  which  national  integrity  and  national  honor  are  con- 
cerned— a  point  on  which  party  feeling  must  not  bear.  We 
all  know  that  some  doubts  have  been  raised  as  to  the  pro- 
priety, or  even  the  power  of  Government,  to  do  what  it  has. 

55 


366       PROPOSED    APPLICATIONS    OF    SMITUSON's    BEQUEST. 

But  what  is  done,  is  irrevocable — it  must  not  be  written  in 
American  history,  that  when  this  Republic  was  called  upon 
to  aid  in  the  cause  of  the  diffusion  of  knowledge  and  virtue 
among  mankind,  it  made  the  attempt,  and  failed  from  in- 
competency. 

With  the  late  Mr.  Smithson  I  was  never  acquainted.  He 
spent  much  of  his  time  on  the  continent,  and,  it  is  said,  was 
a  man  of  reserved  habits.  You  know  already  that  he  cul- 
tivated with  much  assiduity  chemical  pursuits;  but  very 
few  are  aware,  that  he  wrote,  to  some  extent,  on  these  topics. 
An  idea  of  his  feelings  and  turn  of  mind  may  be  gathered 
from  these  papers. 

His  passion  for  chemistry  appears  to  have  commenced 
early  in  life,  and  continued  to  its  close.  He  seems  to  have 
been  on  terms  of  familiar  acquaintance  with  Dr.  Black,  and 
some  of  the  leading  members  of  the  old  Scottish  school. 
There  is  extant  a  letter  from  the  former  gentleman  to  him, 
dated  1790  ;  its  conclusion  runs — 

"  We  have  no  chemical  news — I  am  employed  in  examining  the  Iceland 
waters,  but  have  often  been  interrupted — I  never  heard  before  of  the 
quartz-like  crystals  of  barytes  aerata,  nor  of  the  sand  and  new  earth  from 
New  Holland.  Indistinct  reports  of  new  metals  have  reached  us,  but  no 
particulars.  Some  further  account  of  these  things  from  you,  will  therefore 
be  very  agreeable.  Dr.  Hutton  joins  me  in  compliments  to  you,  and  wish- 
ing you  all  good  things, 

"  1  am,  dear  sir,  your  faithful,  humble  servant, 

"  JOSEPH  BLACK." 

The  Dr.  Hutton  here  mentioned,  was  the  same  philoso- 
pher who  made  so  distinguished  a  figure  in  Geology,  as  the 
antagonist  of  the  celebrated  German,  Werner. 

At  the  commencement  of  the  present  century,  there  used 
to  be  published  in  London  a  monthly  scientific  journal, 
known  under  the  name  of  Nicholson's  magazine ;  it  after- 
wards gave  way  to  the  Annals  of  Philosophy,  commenced 
about  1813  by  Dr.  Thomas  Thomson.  To  the  pages  of 
both  these  works,  Mr.  Smithson  was  a  contributor.  I  re- 
member formerly  to  have  seen,  in  a  number  of  Nicholson 
for  1803,  an  account  of  the  analysis  of  a  mineral  performed 
by  him ;  the  signature  to  it  is  James  Smithson,  Esq.,  P.  II. 
S.  Whether  this  is  a  misprint  for  F.  R.  S.,  or  not,  I  have 
not  now  the  means  of  knowing.  It  struck  me,  at  the  time, 
that  it  must  have  been  an  error,  for  I  have  never  heard  that 
he  had  been  President  of  the  Royal  Society.  He  was,  how- 
ever, a  fellow  of  it,  and  very  often  had  communications 
read  before  it.  Some  of  your  readers  who  have  access  to 
the  transactions  of  the  Royal  Society,  might  easily  deter- 
mine this  interesting  point. 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.       867 

You  have  asked  me,  to  tell  you  any  particulars  in  refer- 
ence to  his  philosophical  or  other  opinions.  That  he  was  a 
man  of  much  acumen  in  these  matters,  a  paper  read  before 
the  Society  in  1813  may  serve  to  show.  It  is  stated,  that 
when  he  was  in  Italy  in  1794,  a  substance  that  had  been 
ejected  from  Vesuvius  was  given  to  him  for  examination, 
and  he  ascertained,  after  some  trials,  that  it  consisted 
chiefly  of  sulphate  of  potash :  on  re-examining  it  with 
more  accuracy,  he  determined  it  to  be  a  very  complex  saline 
compound.  By  way  of  introduction  to  his  paper,  he  gives 
a  view  of  his  ideas  about  the  origin  of  the  earth.  In  his 
opinion,  it  was  either  a  sun  or  a  comet,  and  was  brought 
into  the  state  in  which  it  now  is,  by  undergoing  combustion 
on  its  surface.  The  volcanoes  are  relics  of  this  original 
combustion,  and  the  materials  were  the  metallic  bases  of 
which  the  primitive  strata  are  composed.  As  a  proof  that 
these  primitive  strata  have  been  formed  by  combustion,  he 
mentions  that  "  garnets,  hornblende,  and  other  crystals 
found  in  them,  contain  no  water;  and  that  little  or  no 
water  is  to  be  found  in  the  primitive  strata  themselves." 
This  paper  is  in  the  Transactions  for  1813. 

So  you  see,  he  had  come,  by  chemical  reasoning,  to  a 
conclusion  similar  to  that  which  Fourier  was  contempora- 
neously publishing  in  France,  as  the  result  of  mathematical 
investigation,  that  the  earth  is  nothing  more  than  an  en- 
trusted star. 

Sometime  after  this,  he  commenced  an  investigation  into 
the  nature  of  the  colors  of  vegetables  and  insects;  he  no- 
ticed that  the  red  color  of  flowers,  is  occasionally  produced 
by  the  union  of  carbonic  acid  with  a  blue  substance. 

In  a  letter  written  at  Rome,  in  1819,  and  which  was  pub- 
lished in  the  Annals  of  Philosophy  the  same  year,  respect- 
ing a  remarkable  mineral  of  lead,  he  makes  allusion  to  one 
of  the  ablest  of  his  contemporary  chemists :  u  The  first 
discovery  of  the  composition  of  this  singular  substance 
belongs,  however,  to  my  illustrious  and  unfortunate  friend, 
and  indeed  distant  relative,  the  late  Smithson  Tennant." 
This  gentleman  was  professor  of  Chemistry  in  the  Univer- 
sity of  Cambridge — he  was  the  son  of  a  Yorkshire  clergy- 
man— was  early  in  life  deprived  of  his  father ;  his  mother 
was  killed  by  being  thrown  from  her  horse,  whilst  riding 
beside  him.  He  himself,  by  a  similar  accident,  had  his 
collar-bone  broken,  many  years  after;  and  by  a  third  re- 
markable coincidence,  lost  his  life.  But  the  story  is  singu- 
lar— I  will  tell  it  you. 

Mr.  Tennant  and  Baron  Bulow,  a  German  officer,  after  the 


868      PROPOSED   APPLICATIONS    OF    SMITIISON'S    BEQUEST. 

peace  of  1814,  had  been  traveling  on  the  continent,  and  ar~ 
rived  at  Calais,  with  a  view  of  crossing  the  channel  to  Dover  ; 
they  were,  however,  detained  several  days  by  the  inclem- 
ency of  the  weather.  They  attempted  to  get  to  Boulogne, 
to  try  the  chance  of  a  passage  from  there,  but  the  vessel  in 
which  they  embarked  was  forced  to  put  back.  To  pass 
time,  they  agreed  to  take  horses,  look  around  the  country 
and  view  a  fort  near  Bonaparte's  pillar.  At  the  entrance 
of  this  fort  was  a  deep  fosse,  which  was  approached  over  a 
fixed  bridge,  and  then  over  a  drawbridge,  that  turned  upon 
a  pivot;  the  end  nearest  them  was  commonly  fastened  by  a 
bolt,  but  it  happened  that  this  had  been  stolen  a  fortnight 
before,  and  had  not  been  replaced.  They  did  not  discover 
this.  As  the  bridge  was  too  narrow  for  both  to  ride  abreast, 
the  Baron  went  first,  but  perceiving  that  the  bridge « was 
sinking,  he  attempted  to  gallop  over,  and  called  to  his  friend 
to  go  back.  It  was  too  late;  both  were  precipitated  into* 
the  fosse,  and  though  his  companion  was  hardly  hurt,  Pro- 
fessor Tennant  was  taken  up  from  under  his  horse,  and 
died  a  few  hours  after. 

The  following  is  a  list  of  the  different  papers  published 
by  Mr.  Smithson,  which  are  in  my  library.  Beside  these, 
there  are  many  others  in  English  and  foreign  journals  that 
I  have  not  seen  : 

1.  A  few  remarks  relative  to  the  coloring  matter  of  some 
vegetables  and  insects. 

2.  Analysis  of  a  saline  substance,  ejected  from   Mount 
Vesuvius. 

3.  On  a  substance  from  the  elm  tree,  called  ulmin. 

4.  On    native    hydrous   aluminate   of   lead,   or    plomb- 
gomme. 

5.  On  a  native  compound  of  sulphuret  of  lead  and  arse- 
nic. 

6.  On  a  fibrous  metallic  copper. 

7.  On  a  native  combination  of  sulphate  of  barium  and 
fluoride  of  calcium. 

8.  On  some  capillary  metallic  tin. 

9.  On  the  detection  of  very  minute  quantities  of  arsenic 
and  mercury. 

10.  Some  improvements  in  common  lamps. 

11.  On  the  crystalline  form  of  ice. 

12.  On  the  means  of  discriminating  between  the  sulphates- 
of  barium  and  strontium. 

13.  On  the  discovery  of  acids  in  mineral  substances. 

14.  A  discovery  of  chloride  of  potassum  in  the  earth. 

15.  On  an  improved  method  of  making  coffee. 


PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST.       869 

16.  A  method  of  fixing  particles  on  the  sappare. 

17.  On  some  compounds  of  fluorine. 

18.  An  examination  of  some  Egyptian  colors. 

19.  Some  observations  on  Mr.  Penn's  theory,  concerning 
the  formation  of  the  Kirkdale  cave. 

20.  Remarks  on  a  balance. 

The  paper  on  Egyptian  colors,  contains  some  curious 
facts  in  reference  to  the  pigments  used  by  that  ancient  peo- 
ple for  staining  glass  and  painting  generally. 

His  observations  on  Penn's  theory,  would  be  read  with 
some  interest  —  they  show  the  author's  physico-theological 
opinions  on  some  contested  points.  The  following  are  ex- 
tracts : 

"  No  observer  of  the  earth  can  doubt  that  it  has  undergone  very  consid- 
erable changes.  Its  strata  are  everywhere  broken  and  disordered,  and  in 
many  of  them  are  enclosed  the  remains  of  innumerable  beings  which  once 
had  life,  and  these  beings  appear  to  have  been  strangers  to  the  climates,  in 
which  their  remains  now  exist. 

"  In  a  book,  held  by  a  large  portion  of  mankind  to  have  been  written 
from  divine  inspiration,  an  universal  deluge  is  recorded.  It  was  natural 
for  the  believers  in  this  deluge,  to  refer  to  its  action  all  or  many  of  the 
phenomena  in  question,  and  the  more  so  as  they  seemed  to  find  in  them 
a  corroboration  of  the  event. 

"Accordingly,  this  is  what  was  done  as  soon  as  any  desire  to  account  for 
these  appearances  on  the  earth  became  felt.  The  success,  however,  was  not 
such  as  to  obtain  the  general  assent  of  the  learned,  and  the  attempt  fell 
into  neglect  and  oblivion. 

"Able  hands  have  lately  undertaken  the  revival  of  this  system.  Mr. 
Penn  has  endeavored  to  reconcile  it  with  the  facts  of  the  Kirkdale  cave, 
which  appeared  to  be  strongly  inimical  to  it. 

"Acquainted  with  Mr.  Penn's  opinions  only  from  the  'Analysis  of  the 
Supplement  to  the  Comparative  Estimate,'  in  the  Journal  of  the  Koyal 
Institution,  *  *  I  have  hesitated  long  about  communicating  the  present 
observations,  which  presented  themselves  during  the  perusal  of  the  above- 
mentioned  slender  abstract. 

"  I  have  yielded  to  a  sense  of  the  importance  of  the  subject  in  more  than 
one  respect,  and  of  the  uncertainty  when  I  shall  acquire  ampler  informa- 
tion at  more  voluminous  sources  —  to  a  conviction  that  it  is  in  his  knowledge, 
that  man  has  found  his  greatness  and  his  happiness,  the  high  superiority 
which  he  holds  over  the  other  animals  which  inhabit  the  earth  with  him,  and 
consequently  that  no  ignorance  is  probably  without  loss  to  him,  no  error  with- 
out evil  —  and  that  it  is  therefore  preferable  to  urge  unwarranted  doubts, 
which  can  only  occasion  additional  light  to  become  elicited,  than  to  risk  by 
silence  to  let  a  question  settle  to  rest,  while  any  unsupported  assumptions 
are  involved  in  it." 

I  have  taken  the  liberty  of  italicizing  here,  to  call  to  your 
attention  how  deeply  impressed  was  the  mind  of  this  man 
with  the  importance  of  the  diffusion  of  USEFUL  PRACTICAL 
KNOWLEDGE.  A  few  years  after,  he  leaves  his  whole  fortune 
to  carry  out  the  sentiment  he  here  expresses. 

[Here  follow  extracts,  for  which  see  "  Writings  of  James  Smithson."] 


* 


I  trust  I  have  been  able  to  cast  some  light  on  the  charac- 


870       PROPOSED   APPLICATIONS    OF   SMITHSON'S   BEQUEST. 

ter  of  this  philanthropist  and  philosopher.  If  you  think 
proper  to  publish  any  part  of  these  facts  in  your  excellent 
journal,  they  are  entirely  at  your  service.  Erroneous  im- 
pressions of  the  character  of  a  good  man  ought  to  be  cleared 
away. 

As  to  your  second  request,  that  I  would  indicate  some- 
thing of  the  nature  of  the  proposed  institution,  if  I  can  find 
time  I  will  give  you  a  few  thoughts.  A  determination  on 
this  point  is  not  difficult ;  we  ought  to  be  guided  by  the 
known  wishes  of  the  testator;  by  the  wants  of  education 
generally ;  and,  lastly,  by  a  consideration  of  what  modifica- 
tions are  needed  to  make  it  harmonize  with  principles  and 
institutions  existing  among  us. 

******* 
And  believe  me,  yours  truly,  A 


Prom  The  Southern  Literary  Messenger,  Richmond,  Va.,  1840r 
Vol.  VI,  p.  25. 

We  publish  below  our  correspondent's  second  letter  upon 
this  important  subject.  We  sincerely  commend  it  to  the 
attention  and  consideration  of  our  readers.  Every  friend 
to  the  cause  of  education — every  lover  of  the  welfare  and 
progress  of  his  county — must  be  deeply  interested  as  to  the 
result  which  shall  dispose  of  this  bequest.  We  occupy  a 
wide  domain  of  country.  It  has  been  bought  with  blood, 
and  is  sacred  to  freedom — it  is  filling  up  with  an  energetic 
and  industrious  population,  and  it  must  be  the  theatre  of" 
mighty  action.  It  is  so  already.  The  springs  of  enterprise 
are  in  wide-spread  operation  among  us.  Towns  spring  up 
as  by  magic  in  the  wilderness,  factories  line  almost  every 
stream,  and  mills  are  toiling  on  every  cataract.  The  bugle 
of  the  boatman  startles  the  distant  recesses  of  the  west,  and 
ponderous  wains,  laden  with  precious  stores,  glide  past  us 
by  the  hundred.  Tne  rail  car  thunders  from  peopled  mart 
to  peopled  mart,  through  ancient  solitudes  and  the  abodes 
of  the  panther,  and  the  roar  of  the  steam-barge  is  heard 
from  the  waters  of  the  great  Mississippi  to  the  far  banks  of 
the  Penobscot.  Our  white  sails  are  sheeting  over  the  foam- 
ing billows  of  every  known  sea,  and  fire-winged  ships  are 
speeding  to  and  fro,  between  us  and  the  Old  World,  con- 
tinually. Our  streets  are  blockaded  with  jars  and  boxes  and 
bales,  and  our  wharves  are  enforested  by' the  masts  of  every 
nation  of  the  civilized  globe.  From  morn  to  night,  cease- 


PROPOSED   APPLICATIONS    OF   SMITHSON'S    BEQUEST.       871 

lessly,  from  loom  and  forge  and  mill  and  warehouse,  from 
street  and  stream,  there  is  one  great  roar  and  clangor  and 
tumult  of  business. 

But,  we  ask,  is  this  all  that  shall  be  said  of  us  ?  Shall  the 
monuments  which  we  build  up  in  this  vast  arena,  and  with 
all  our  elements  of*  power,  be  nothing  but  magnificent 
fabrics — evidences  only  of  our  wealth  and  our  physical 
strength  ?  Shall  we  cleave  archways  through  the  solid 
granite,  and  link  distant  regions  with  bands  of  iron,  and 
rear  splendid  dwellings,  and  build  forges  and  wharves  and 
bridges  and  mills — shall  we  do  all  this,  and  yet  add  nothing 
to  the  treasury  of  mind?  Shall  we  make  no  discoveries  in 
science — shall  we  open  no  new,  broad  fields  of  knowledge  ? 
We  trust  that  we  shall  not  so  forget  the  nobler  ends  of 
man — that  we  shall  not  be  so  false  to  the  great  IDEA  of  the 
age.  We  trust  that  we  shall  pile  up  monuments  more 
durable  than  fabrics  of  marble.  We  entirely  agree  with 
our  correspondent,  in  the  opinion  that  in  disposing  of  this 
bequest,  the  design  of  the  testator  should  be  ascertained 
and  strictly  carried  out.  We  agree  with  him  also  thus  far, 
that  if  much  that  is  taught  under  the  present  system  of 
education  is  not  useless,  much  is  not  taught,  or  is  but 
slightly  heeded,  that  is  eminently  essential  to  true  knowl- 
edge and  to  progress.  He  thinks  us  "too  literary"  to  coin- 
cide with  his  views.  We  are  not  so  much  so  as  to  disagree 
with  him  in  his  idea  of  the  objects  of  the  institution  pro- 
posed below.  Literature  and  science,  in  our  view,  go  hand 
in  hand,  and  both  have  their  mission  to  perform  in  develop- 
ing all  the  faculties  of  "THE  MIND."  Let  the  disposition  of 
this  legacy  in  the  way  proposed  by  Delta,  be  one  step  which 
our  legislators  shall  take  towards  accomplishing  something, 
in  this  highly  favored  portion  of  the  globe,  for  the  mental 
welfare  not  only  of  the  country  but  of  the  age — of  the  race. 
We  beg  pardon  of  our  readers  if  we  have  detained  them 
too  long  from  the  article  of  our  correspondent.  Once  more 
we  request  them  to  peruse  it  attentively  and  reflectingly. 
Independent  of  the  cause  which  it  advocates  with  so  much 
power,  they  will  find  it  a  choice  specimen  of  strong  and 
manly  composition.  Let  them  be  prepared  to  act,  and  to 
act  rightly,  upon  the  question  of  the  Smithsonian  Bequest. 
—Ed.  So.  Lit.  Mess. 


872         PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

LETTER  II. 

MR.  TH.  W.  WHITE. 

MY  DEAR  SIR  :  I  received  yours  of  the  6th  inst.  duly,  and 
though  much  pressed  with  business,  hasten  to  comply  with 
your  request. 

It  would  have  given  me  pleasure  to  have  seen  this  subject 
treated  of  by  others,  whose  opinions  on  the  course  of  educa- 
tion agree  better  with  those  current  than  mine.  Such  as 
they  are,  I  do  not  shrink  from  avowing  them.  You  will 
receive  them,  as  the  deliberate  conviction  of  a  man  who  has 
seen  life  not  alone  in  the  closet  but  also  in  the  world;  who 
has  passed  through  seasons  of  adversity  as  well  as  times  of 
prosperity,  conditions  which  are  incident  to  us  all;  who, 
having  been  brought  up  in  the  very  system  he  here  con- 
demns, has  had  the  opportunity  of  observing  its  results,  not 
only  in  the  activity  of  cities,  where  they  say  refinement  pre- 
vails, but  also  in  the  solitudes  of  the  forest ;  a  man  who  is 
unskilful  in  the  harmony  of  words,  and  speaks  only  of  plain 
facts;  whose  lot  has  cast  him  where  information  on  these 
matters  might  have  been  obtained ;  who  has  but  few  sym- 
pathies for  the  cause  of  public  education  as  it  now  exists, 
and  has  learned  to  regard  it  as  based  upon  an  erroneous 
view  of  the  character  and  wants  of  mankind — producing  a 
forced  state  of  society — and  as  an  eminent  obstacle  to  the 
progress  of  THE  HUMAN  INTELLECT. 

It  is  not  necessary  to  trace  the  history  of  the  system  of 
education  adopted  on  this  continent,  and  in  many  parts  of 
Europe,  to  its  remote  origin.  The  dark  ages  we  are  accus- 
tomed to  regard,  as  a  kind  of  relapse  of  the  whole  human 
family  from  a  state  of  enlightenment  into  one  of  deep  ob- 
scurity; but  there  is  such  a  thing  as  the  MIND  OF  THE  WORLD, 
which  is  not  liable  to  these  vicissitudes,  and  undergoes  no 
change  except  that  of  development.  No  part  of  Europe, 
even  in  the  Augustan  age,  was  possessed  of  any  store  of 
knowledge  which  was  likely  to  be  durable — for  poetry  and 
letters  generally,  are  not  the  property  of  the  whole  human 
race,  but  simply  that  of  individual  nations,  and  hence  are 
liable  to  be  affected  by  the  rise  and  fall  of  empires.  Those 
faint  and  uncertain  indications  of  light  which  we  trace  in 
the  history  of  Greece,  were  but  the  radiations  of  a  brighter 
day  which  was  shining  in  the  East;  for  the  sun  of  knowl- 
edge never  rose  on  Europe  until  the  beginning  of  the  thir- 
teenth century — the  pale  crescent  of  the  Saracens  was  his 
harbinger.  Europe  could  never  lapse  from  a  state  to  which 
she  had  never  attained.  I  know  that  you  will  not  partici- 


PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST.        873 

pate  with  me  in  these  views.  You  will  tell  me  that  the 
Latins  and  the  Greeks  were  the  men;  but,  sir,  posterity  will 
surely  learn  to  estimate  the  value  of  races  of  men,  only  by 
their  contribution  to  the  common  stock  of  human  wisdom 
and  human  greatness:  the  ^Eneid  is  the  property  of  Italy — 
the  printing  press  the  property  of  the  Universe. 

When  Peter  the  Hermit  preached  the  Crusades,  he  little 
dreamed  what  would  be  the  result  of  his  ministrations. 
The  savage  tribes  that  went  from  the  shores  of  Western 
Europe,  brought  back  with  them  from  Damascus  and  As- 
calon  a  leaven  which  speedily  leavened  the  whole  lump. 
A  spirit  of  inquiry  was  generated — the  study  of  what  was 
designated  by  the  monks  of  those  days,  the  ancient  languages 
— a  misnomer  which  has  descended  even  to  us — was  com- 
menced with  avidity;  and  knights  and  noblemen,  who  but 
a  few  years  before  could  neither  read  nor  write,  pored  over 
the  Iliad  with  raptures,  and  becajne  subtle  casuists  in  the 
philosophy  of  Aristotle.  The  monastic  institution,  then 
prevalent  all  over  Europe,  gave  a  tint  to  learning — for  be- 
cause the  monks  found  it  necessary  to  read  the  works  of 
the  fathers  in  their  original  tongues,  they  asserted  that  this 
transcended  all  other  knowledge;  and  so  loudly  and  so  well 
did  they  pursue  their  asseverations,  that  even  in  the  nine- 
teenth century  we  find  men  who  will  scarcely  believe  that 
there  have  existed  conquerors  more  successful  than  Csesar — 
empires  richer  and  more  extensive  than  that  of  Rome — 
people  as  civilized  and  as  enlightened  as  the  Grecians. 

The  genius  of  Lord  Verulam  had  already  taught  men  the 
true  method  of  becoming  powerful  and  wise,  when  JS"ewton 
was  born.  This  man,  gifted  for  a  few  years  by  Providence 
with  a  most  gigantic  intellect — which,  when  it  had  accom- 
plished the  designed  object,  was  withdrawn  from  him — has 
exercised  an  influence  of  no  common  kind  on  the  destinies  of 
his  race.  The  inductive  method  of  philosophy  was  crowned 
with  a  series  of  the  most  brilliant  results;  but  even  here, 
where  we  might  least  expect  it,  we  find  a  proneness  of  the 
human  mind  to  wander  into  error.  A  tribe  of  bastard 
sciences  has  arisen — the  sciences  of  the  wind — the  illegiti- 
mate offspring  of  the  union  of  the  philosophy  of  Bacon,  in 
itb  first  years  of  wantonness  and  youth,  with  the  shrivelled 
metaphysics  of  the  old  schools.  An  Alexandrian  philosopher 
is  said  to  have  told  the  king  of  Egypt,  that  there  was  no  royal 
road  to  science;  but  we,  in  these  latter  days  of  refinement, 
have  found  one — a  method  which  gives  to  superficial  learn- 
ing the  appearance  of  wisdom,  and  to  crude  ideas  and  child- 
ish speculations  the  aspect  of  a  perfect  science — like  the 


874       PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

mirrors  of  a  kaleidoscope,  which  transpose  pieces  of  straw,, 
and  fragments  of  broken  glass,  into  forms  of  beauty  and 
symmetrical  shapes. 

And  thus  it  comes  to  pass,  that  the  course  of  events  has 
entailed  on  us  a  system  of  education  of  a  most  heterogeneous 
character.  I  do  not  now  speak  of  professional  education,, 
but  limit  these  remarks  strictly  to  what  is  done  in  our  Col- 
leges and  Universities;  for  in  common  with  most  of  the 
schools  of  Europe,  we  there  give  instruction  in  only  four 
departments.  1st.  Ancient  Languages.  2d.  Intellectual 
Science.  3d.  Mathematics;  and  4th.  Physics — which  last 
are  inseparably  allied.  I  need  hardly  say,  that  I  exscind, 
for  obvious  reasons,  all  incidental  courses  of  instruction 
which  are  instituted  from  secondary  or  interested  motives. 
A  professorship  of  Poetry  is  ludicrous;  no  man  expects  a 
professor  of  belles-lettres  to  write  with  elegance  his  mother 
tongue;  and  every  one  knowrs  that  the  only  effective  pro- 
fessor of  history  is  a  good  library. 

Should  Congress,  in  its  wisdom,  ever  see  fit  to  found  in 
the  City  of  Washington  a  National  University — a  rival  to 
the  old  universities  of  Europe — it  would  give  me  pleasure 
to  hear  that  all  these  subjects,  even  such  as  I  have  com- 
mented on,  wrere  taught  there;  but  the  funds  given  for  the 
establishment  of  the  Smithsonian  Institute  will  not  bear 
such  an  expansion.  Those  subjects  alone  must  be  taught 
which  come  within  the  intention  of  the  donor,  and  others 
introduced  only  as  specific  means  are  provided  for  them. 
Let  us  then  try  to  ascertain  what  is  meant  by  the  "  diffusion 
of  knowledge  among  men." 

An  Arabian  merchant,  who  lived  at  Surat,  and  exchanged 
the  gold  dust  and  ivory  which  he  brought  from  Africa  for 
the  silk  shawls  and  gums  of  India,  had  amassed  a  consider- 
able fortune  by  his  traffic.  He  had  an  only  son,  whom  he- 
desired  to  bring  up  to  his  own  business.  When  the  boy 
came  to  be  six  years  of  age,  his  father  called  a  meeting  of 
his  kinsfolk  and  friends,  to  consult  with  them  as  to  the 
course  of  his  son's  education.  Among  the  rest  there  came 
a  certain  Mufti,  who  spoke,  with  an  oracular  voice,  as  fol- 
lows: "My  friend,  thou  sayest  it  is  thy  intention  to  make 
thy  son  a  trader — now  hear  my  advice.  It  is  well  known 
that  the  profession  of  a  merchant  requires  great  quickness 
of  counsel,  great  promptitude  of  action,  and  an  unflinching 
integrity.  Our  fathers,  for  some  centuries  past,  have  fixed 
on  a  preparatory  course  of  instruction,  well  calculated  to 
produce  these  results.  We  their  children  are  living  wit- 
nesses of  the  correctness  of  their  judgment.  It  is  well 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.       875 

known  to  you  all,  my  friends,  that  about  three  thousand 
years  ago  there  existed  in  those  regions  where  the  Nile 
empties  its  waters  into  the  great  sea  a  race  of  men  skilled 
in  all  human  wisdom  and  the  divination  of  counsels — from 
whom,  as  it  is  reported,  we  have  received  whatever  it  is 
desirable  for  us  to  know.  Procure,  therefore,  for  this  boy, 
1  a  man  well  skilled  in  the  learning  of  that  ancient  people, 
who  shall  teach  him  to  decypher  their  languge,  indoctrinate 
him  into  their  customs,  and  initiate  him  into  their  religion. 
Now,  although  the  gods  of  this  people  were  guilty  of  certain 
excesses,  it  shall  come  to  pass  that  the  study  of  this  very 
thing  shall  lead  the  boy  to  virtue,  as  also  the  reading  of 
their  curious  hieroglyphs  shall  give  him  a  correct  knowledge 
of  the  dialect  of  Mecca.  I  would  also  have  him  taught  the 
writings  of  the  ancient  Sabeans — a  people  residing  in  a  re- 
mote period  in  Persia — and  by  no  means  omit  to  translate 
'ten  thousand  words  of  the  poetry  of  Chinese,  which  will 
give  him  a  taste  for  beauty  of  composition,  and  doubtless 
enable  him  to  write  a  fair  commercial  hand.  When  he  has 
completed  about  twelve  years  in  these  pursuits,  I  would  let 
him  journey  to  view  the  pyramids,  or  contemplate  the  cave 
of  Elephanta — objects  which  will  expand  his  mind  to  a  con- 
ception of  the  sublime  and  beautiful.  This  done,  thy  son 
shall  then  have  his  mind  so  sharpened  as  to  receive  with 
avidity  the  secrets  of  the  trading  life,  and  shall  prove  a  suc- 
cessful merchant.  Ye  have  my  wrords." 

There  also  was  present  the  partner  of  the  boy's  father,  a 
man  of  uncommanding  appearance  and  unready  delivery, 
but  who  feeling  much  interest  for  the  son  of  his  friend,  rose 
and  spake:  "Ye  have  heard  what  the  learned  Mufti  hath 
said.  I  am  a  man  slow  of  comprehension — that  cannot 
understand  what  the  learning  of  the  Egyptians  or  the  Chinese 
hath  to  do  with  us — one  that  would  suppose  it  better  to  learn 
Arabic  by  studying  Arabic,  than  to  learn  Arabic  by  study- 
ing hieroglyphics.  In  my  youth  I  traversed  many  nations, 
and  have  seen  men  of  many  colors  and  many  climates.  I 
have  found  that  there  is  a  fitness  in  all  things — that  dalliance 
with  harlots  is  not  an  incentive  to  virtue,  nor  the  company 
of  fools  productive  of  a  wise  man.  Certain  events  can  only 
be  brought  about  by  the  operation  of  certain  causes.  Hadst 
thou  intended  thy  son  to  be  a  soldier,  then  thou  shouldst 
teach  him  the  arts  of  horsemanship  and  to  wield  the  spear. 
Hadst  thou  intended  him  for  a  Mufti,  then  the  course  now 
advised  might  have  been  the  best.  But,  because  thou  wilt 
have  him  a  merchant,  instruct  him  in  the  letters  and  arts  of 
Arabia;  let  him  learn  the  courses  of  the  stars  that  he  may 


876      PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

hereafter  recognize  his  way  across  the  desert.  Put  into  his 
hands  the  Koran,  which  shall  guide  him  to  virtue.  Let  him 
be  taught  the  history  and  modes  of  life  of  the  people  among 
whom  he  is  to  procure  his  gold  dust  and  ivory — the  language 
of  the  men  among  whom  he  has  to  traffic.  He  will  never 
sell  his  commodities  to  dead  Egyptians,  or  to  Chinese  poets, 
or  to  extinct  Sabeans.  It  is  better  that  his  mind  should  be 
enlarged  by  commerce  with  the  men  of  his  day  than  warped 
by  a  half-taught  pedagogue.  It  is  better  he  should  speak 
the  language  of  men  with  whom  he  is  to  come  in  contact 
than  spend  many  years  in  acquiring  what  can  never  be  used, 
save  among  the  tombs  of  the  mummies. 

u  And  as  to  any  refinement  of  mind  that  springs  from  the 
use  of  these  antiquated  studies — though  amongst  us  Ara- 
bians such  is  said  to  be  the  case — yet  in  a  long  life  I  have 
never  seen  it.  But  on  the  other  hand,  I  have  uniformly 
observed  that  those  men  who  had  spent  all  their  days  in 
these  pursuits,  and  therefore  had  become  possessed  of  all 
the  advantages  proposed,  if  any  such  exist,  were  uniformly 
men  of  indifferent  taste  and  not  calculated  to  bear  the  shocks 
of  active  life." 

But  among  the  company  were  many  who  followed  only 
prescriptive  opinion;  and  Hassan,  the  merchant,  was  in- 
duced that  evening  to  hire  a  tutor  for  his  son,  who  on  the 
morrow  began  the  study  of  Egyptian  literature. 

Thus,  sir,  the  course  of  education  among  us  has  origin- 
ated in  a  cramped  view  of  mankind.  There  is  too  much 
proneness  among  us  to  regard  ourselves  and  the  things  just 
around  us  as  UNIVERSAL  NATURE.  It  is  a  hard  thing  to  cure 
a  man  of  vanity.  You  write  to  me,  that  the  barometer  in 
your  study  rose  yesterday  in  consequence  of  an  easterly 
wind;  but  it  is  far  more  probable  that  your  barometer  was 
affected  by  atmospheric  changes  that  had  occurred  in  the 
remote  regions  of  Central  Africa,  or  even  upon  the  steppes 
of  Tartary,  than  by  the  wind  which  whistled  round  your 
dwelling.  As  in  the  physical,  so  also  in  the  moral  wTorld, 
we  perpetually  run  into  error  for  want  of  taking  a  general 
view  of  things.  Our  whole  course  of  study  tends  to  this 
result — instead  of  considering  the  world  as  an  unity,  we  ex- 
pand ourselves  into  the  representatives  of  the  world.  We 
look  upon  ourselves  as  the  favorites  of  Heaven;  and  emu- 
lating the  example  of  the  natives  of  Athens,  regard  all  the 
rest  of  mankind  as  barbarians.  We  forget  that  there  are 
millions  besides  us,  partakers  of  the  pleasures  of  human 
happiness  and  the  pangs  of  human  agony — that  in  the  eye 
of  Providence  we  are  all  on  a  common  level,  and  one  com- 


PROPOSED    APPLICATIONS    OF    SMITHSON?S    BEQUEST.        877 

mon  lot  awaits  us  all — that  there  is  a  due  proportion  of  hap- 
piness and  misery  poured  into  the  cup  of  each  individual, 
whether  it  be  the  camel-driver  on  the  plains  of  Bagdad  or 
the  QUEEN  of  the  BRITISH  EMPIRE;  not  recollecting  the  lesson 
taught  us  by  one  of  old,  that  there  is  no  difference  between 
the  Jew  and  the  Greek;  but  there  is  ONE  who  sees  us  all, 
and  whose  kind  hand  supports  us  all — who  maketh  his  sun 
to  shine  on  the  good  and  the  evil — who  sendeth  his  rain  on 
the  just,  and  on  the  unjust. 

It  is  feelings  like  these,  arising  from  confined  views,  that 
have  influenced  our  system  of  public  education.  In  the 
course  of  life  it  has  happened  to  me  to  see  the  result.  How 
many  of  our  educated  young  men,  who  have  passed  the 
routine  of  college,  and  received  college  honors — how  many 
have  you  known,  who  had  learned  so  much  as  the  name  of 
TEMUJIN — a  man,  who  hardly  half  a  dozen  centuries  ago, 
propagated  at  the  point  of  the  sword  one  of  the  leading 
doctrines  of  the  French  Revolution — who  ruled  over  an 
empire  of  greater  extent,  and  of  vaster  riches,  than  the 
Roman  in  its  palmiest  days — who  put  to  death  one-fortieth 
part  of  the  whole  human  family — before  whose  greatness, 
as  human  greatness  is  measured,  the  fame  of  Pompey  and 
Csesar  fades  away?  How  many  have  you  known  who  could 
repeat  the  history  of  Timur,  whose  empire  was  bounded 
on  one  side  by  the  seas  of  China,  and  on  the  other  extended 
into  the  heart  of  Europe?  They  have  been  told  that  there 
was  no  battle  like  Pharsalia — no  monarch  like  Augustus — 
no  city  like  Rome.  They  have  never  known  that  whilst  the 
contemptible  kings  of  Europe  could  not  even  write  their 
names,  there  were  monarchs  in  Asia,  ruling  over  millions 
of  men,  skilled  in  the  most  difficult  parts  of  human  knowl- 
edge, and  accomplishing  conquests  as  much  by  their  science 
as  their  arms;  that  whilst  Europe  was  plunged  in  the  most 
benighted  ignorance,  HULACK,  the  ro}'al  grandson  of  Tamer- 
lane, thought  it  more  honorable  to  be  accounted  the  first 
astronomer  of  his  age  than  the  emperor  of  all  Asia. 

From  the  Romans — a  race  distinguished  from  the  Etrus- 
cans, the  former  inhabitants  of  Italy,  by  their  neglect  of 
the  fine  arts — by  their  conquests  of  violence — by  one  single 
glimmering  of  'literature,  and  by  an  inordinate  ignorance — 
we  turn  to  the  inhabitants  of  Greece  with  far  more  pleasure. 
There  we  sec  a  race  characterized  by  that  same  love  of  free- 
dom which  we  admire  so  much  in  our  own  aboriginal 
natives — that  cool  courage,  which  having  counted  the  cost, 
is  prepared  to  barter  life  for  liberty;  but  a  race  more  effem- 
inate than  the  red  men,  for  those  were  capable  of  enslave- 


878       PROPOSED    APPLICATIONS    OF    SMITHSON  S    BEQUEST. 

ment,  but  these  acknowledge  no  conquest  except  that  of 
extermination. 

From  nations  more  advanced  than  themselves  the  Greeks 
freely  confessed  that  they  drew  many  of  their  stores  of  learn- 
ing. Even  without  the  advantage  of  that  confession,  we 
should  hardly  rank  them  on  a  level  with  many  Oriental 
people.  Their  distinguishing  characteristic  was  a  correct- 
ness of  taste.  In  scientific  acquirements  they  were  greatly 
beneath  the  Hindoos.  It  is  true  they  possessed  the  Elements 
of  Euclid,  and  gave  birth  to  the  Conies  of  Apollonius;  but 
the  Binomial  theorem,  and  many  of  its  far-reaching  conse- 
quences, were  known  to  the  BraJnnins.  The  glory — and  it 
is  not  a  small  one — of  having  chiselled  the  most  beautiful 
statues,  is  theirs;  but  the  mountains  of  Persia  were  rivals 
of  Parnassus,  for  the  great  Epic  of  FIRDAUSI  is  said  not  to 
shrink  from  a  comparison  with  the  ILIAD  of  HOMER.  In  the 
softer  and  gayer  eifusions  of  the  muse,  even  later  degenerate 
Persia  may  give  rivals  to  ANACREON;  her  own  HAFIZ  shall 
vindicate  her — 

11  Boy  1  bid  the  ruby  liquid  flow, 
Nor  let  they  pensive  heart  be  sad, 
Whate'er  the  frowning  zealots  say, 
Tell  them — their  Eden  cannot  show 
A  stream  so  clear  as  Rocnabad, 
A  bower  so  sweet  as  Mosselay." 

If  you  ask  me  what  people  have  contributed  more  to  the 
advancement  of  the  intellect  of  the  world  than  the  Greeks, 
I  wTould  point  you  at  once  to  the  Saracens.  Who  was  it  that 
dispelled  the  gloom  of  the  dark  ages? — the  Saracens.  Who 
was  it  that  introduced  into  many  parts  of  the  world  the 
learning  of  Greece  itself? — the  Saracens.  Who  taught  us 
Algebra,  that  amazing  engine  of  intellectuality? — the  Sara- 
cens. Who  was  it  that  on  the  sandy  plains  of  Arabia  de- 
termined the  magnitude  of  this  earth  ? — the  Saracens.  Who 
was  it  that  brought  experimental  chemistry  from  the  East? — 
the  Saracens.  Who  was  it  that  gave  us  the  very  first  ele- 
ments of  our  commonest  knowledge? — who  taught  us  the 
first  princples  of  arithmetic? — the  Saracens.  The  invention 
of  the  cypher  will  hereafter  be  regarded  as  one  of  the  most 
capital  results  that  the  wit  and  genius  of  man  has  ever  pro- 
duced. To  ascribe  to  that  little  emblem  so  many  curious 
properties — to  combine  them  in  so  many  harmonious  ways, 
and  from  means  apparently  so  slender — to  convert  arithmetic 
from  one  of  the  most  obscure  and  most  unintelligible  to  the 
most  perfect  of  all  the  sciences — required  a  mind  skilled  in 
original  research,  and  stored  with  untold  hoards  of  knowl- 


PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST.       879 

-edge.  The  old  numerals  in  use  among  the  Greeks  and 
Romans  rendered  it  a  matter  of  no  small  difficulty  to  per- 
form the  simplest  operations  of  numbers.  Our  merchants 
seldom  think  that  they  owe  all  the  facilities  with  which  they 
arrange  their  intricate  accounts,  and  thereby  accomplish  all 
their  manifold  commercial  speculations,  to  the  genius 'of 
these  Mohammedans.  I  can  never  give  either  to  Italy  or 
Greece  that  meed  of  unqualified  praise  which  is  so  lavishly 
bestowed  by  some,  when  I  know  that  to  other  races  must 
be  ascribed  the  invention  of  the  cypher  and  the  beautiful 
game  of  chess.  Far  be  it  from  me  to  detract  anything  from 
the  nations  of  Southern  Europe  which  is  so  honestly  theirs.  I 
would  freely  give  them,  as  they  might  deserve  it,  the  honors 
that  are  due  to  power,  to  letters,  or  to  science.  I  have  gazed 
with  transport  on  the  marbles  of  the  Parthenon,  and  could 
look  with  the  deepest  emotion  on  the  dying  gladiator,  but 
I  search  in  vain  through  the  gorgeous  range  of  Roman  his- 
tory for  a  single  proof  of  that  beautiful  talent  that  is  dis- 
played in  that  obscure  but  most  perfect  instrument,  the 
potter's  lathe,  an  invention  of  ancient  Etruria.  There  are 
rights  of  mankind  as  well  as  rights  of  nations;  and  just  as 
one  man  may  not  lawfully  usurp  the  property  of  his  neigh- 
bor, no  nation  has  a  right  to  embezzle  the  honors  due  to 
others.  The  human  family  is  not  so  degraded  as  it  is  fash- 
ionable to  think.  We  do  not  owe  all  that  makes  us  wise, 
-or  good,  or  powerful,  to  the  shores  of  the  Mediterranean. 
Our  whole  system  of  education  is  an  insult  to  the  dignity 
of  mankind. 

The  nineteenth  century  cannot  pass  away,  in  this  land  of  free 
opinions,  without  witnessing  a  great  change  in  these  respects. 
Men  who  have  been  accustomed  to  show  perhaps,  even  in  a 
blarneable  excess,  an  utter  disregard  for  the  venerable  ap- 
pearance of  antiquity,  will  not  be  slow  to  investigate  what 
we  all  feel  to  be  the  safeguard  of  this  great  Republic — the 
education  of  its  youth.  Men,  who  will  have  a  plain  reason 
rendered  to  them  for  everything,  will  not  be  dull  to  per- 
ceive nor  slow  to  apply  a  remedy.  The  tokens  of  this  are 
already  among  us.  There  are  institutions  now  existing  that 
will  show  the  way  in  this  matter,  that  will  quietly  awaken 
public  opinion,  and  shake  off  the  nightmare  that  rides  upon  it. 

Do  not  misunderstand  me.  I  contend  not  for  the  banish- 
ment of  these  studies  from  our  systems  of  instruction.  The 
forced  state  of  society  in  which  we  live  has  made  them  a 
part  of  perfect  education.  We  are  often  compelled  to  tolerate 
what  we  may  be  most  eager  to  remove.  But,  sir,  the  mind 
of  man  was  never  in  that  state  of  expansion  in  which  it  now 


880      PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

exists.  The  philosophy  of  Verulam  has  created  a  new  race 
of  mortals — a  race  utterly  different,  both  in  physical  power 
and  in  intellectual  refinement,  from  all  other  animals  on  the 
face  of  the  earth.  Each  year,  as  it  passes,  is  rapidly  increas- 
ing the  difference.  One  after  another,  we  are  subjecting  the 
imponderable  and  unseen  agents  of  Nature  to  our  use — Heat, 
Electricity,  Light.  Men  that  are  thus  arming  themselves 
with  the  force  of  these  elements  are  not  like  the  former  in- 
habitants of  the  globe.  "We  ask  not  the  Egyptian  for  his 
fleetest  dromedary ;  our  locomotives  run  over  a  whole  degree 
of  the  earth's  surface  in  a  single  hour.  We  need  not  the 
elephant  of  India  to  drag  our  ships  ashore;  our  steam  engines 
give  us  possession  of  power  that  is  literally  unbounded.  We 
want  not  the  Tartar  with  his  swift  Arab,  for  our  electric 
telegraph  can  transmit  our  words  from  one  pole  to  the  other 
in  the  twenty-fifth  part  of  a  second.  At  our  command  the 
beams  of  the  sun  become  artists,  and  paint  on  the  plates  of 
Daguerre  scenes  which  the  pencil  of  Apelles  could  never 
have  approached — landscapes  inimitably  beyond  those  that 
adorn  the  canvass  of  Claude  Lorraine.  To  send  us  to  school 
to  antiquity  is  to  degrade  us  indeed.  The  prattle  of  children 
is  no  instruction  to  him  that  is  bursting  into  manhood. 

Who  can  predict  what  the  course  of  a  few  years  shall  ac- 
complish? The  man  who  is  grasping  in  his  hand  the  agents 
with  which  it  pleases  the  Almighty  to  govern  this  world — 
who  has  made  for  himself  an  eye  that  reaches  into  the  deep 
abysses  of  space,  and  sees  the  circling  of  star  around  star,  in 
regions  which  the  eye  of  an  angel  alone  could  pierce — whose 
splendid  intellect  compares  together  the  weights  of  those 
indivisible  atoms — those  last  particles  of  which  the  Creator 
has  formed  all  material  things,  or  places  the  sun  in  a  bal- 
ance— the  man  who,  instead  of  indulging  in  chimerical 
speculations  about  the  structure  of  his  own  mind,  of  which 
he  is  in  utter  ignorance,  is  adding  to  himself  new  senses 
which  are  unlike  those  that  nature  has  given  him,  and  ex- 
panding his  organs  to  the  production  of  results  which  his 
unassisted  powers  could  never  have  approached — this  is  not 
the  man  who  existed  five  centuries  ago.  ,  There  is  found  in 
the  bowels  of  the  earth,  as  geologists  say,  abundant  evidence 
of  a  continuous  development  of  the  tribes  of  organized  life — 
that  those  which  first  made  their  appearance  were  of  tbe 
lower  and  meaner  kind — that  one  after  another  has  come 
into  existence,  each  more  elaborate  and  each  more  intel- 
lectual than  its  predecessors.  The  history  of  our  own  family 
teaches  us  the  same  thing,  for  there  is  not  more  difference 
between  those  animal  races  than  there  is  between  the  civil- 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        881 

ized  man  of  this  age  and  the  men  of  Europe  five  hundred 
years  ago. 

It  is  for  these  reasons  that  I  object  to  the  course  of  educa- 
tion as  it  exists  among  us.  If  it  were  not  for  the  danger  of 
being  misunderstood  I  would  go  more  at  large  into  this 
matter.  It  is  not  a  desire  to  limit  instruction,  but  to  enlarge 
it — to  give  it  a  bent  more  suitable  to  the  wants  of  the  age. 
I  am  not  seeking  to  depreciate  the  value  of  any  species  of 
learning,  but  to  point  out  what  is  most  congenial  to  the 
present  position  of  mankind.  I  am  not  seeking  to  disparage 
the  rights  of  any  nation — to  cast  slight  on  any  forms  of 
study — but  to  find  out  ways  for  the  more  rapid  and  energetic 
development  of  HUMAN  THOUGHT,  and  to  assert  THE  MAJESTY 

OF  HUMAN  INTELLECT. 

If  you  read  over  the  papers  of  the  late  Mr.  Smithson — of 
which  you  have  published  a  list — you  will  see  there  these 
same  feelings  in  strong  relief.  His  fancy  did  not  riot  in 
scenes  of  mere  imagination,  but  took  hold  of  things  of  prac- 
tical utility.  It  was  the  spirit  of  the  school  of  Bacon  that 
was  in  him,  that  taught  him  to  investigate  with  equal  zeal, 
experimentally,  the  original  formation  of  the  earth,  or  the  best 
method  of  burning  an  oil-lamp,  or  the  mode  of  retaining 
the  aroma  in  coft'ee.  Through  the  course  of  a  long  life  he 
gave  these  pursuits  the  preference;  for,  as  he  says,  "he  was 
convinced  that  it  is  in  Ids  knowledge  that  man  has  found  his 
greatness  and  his  happiness — the  high  superiority  he  holds 
over  the  other  animals  which  inhabit  the  earth  with  him, 
and  consequently  that  no  ignorance  is  without  loss  to  him — 
no  error  without  evil." 

An  institution  of  the  first  class  will,  in  process  of  time, 
without  doubt,  exist  in  the  United  States.  The  wealth  of 
the  country  could  without  difficulty  procure  extensive  libra- 
ries and  museums,  mineralogical  cabinets,  chemical  labora- 
tories, botanical  gardens,  astronomical  observatories,  zo- 
ological menageries.  These,  and  many  more  such  things, 
are  essential  requisites  in  a  school  of  that  stamp.  But  where 
the  means  we  possess  are  limited — and  it  is  doubtful  whether 
or  not  Congress  is  prepared  to  make  munificent  grants — it 
is  better  so  to  shape  the  action  on  Mr.  Srnithson's  bequest 
that  his  institute  may  be  the  germ,  which,  as  time  goes  on, 
may  develop  itself  and  expand  at  last  into  a  National  Uni- 
versity. 

I  have  been  connected  with  two  different  institutions,  such 

as  are  here  referred  to,  in  different  capacities,  and  have 

marked  the  course  of  events  with  them.     Their  funds  at 

the  outset  have  been  lavished  in  erecting  magnificent  struc- 

56 


882       PROPOSED    APPLICATIONS    OF    SMITI1SON  S    BEQUEST. 

tares;  embarrassment  has  followed,  and  because  they  had 
reckoned  more  upon  striking  the  public  eye  with  the  splendor 
of  their  exterior  than  with  the  excellence  of  their  fruit,  they 
have  ceased  to  be  encouraged.  Corinthian  pillars  and  Gothic 
halls  are  the  bane  of  literary  institutions,  which  so  surely 
as  they  are  introduced  take  away  from  the  working  material. 
There  are  men  who  will  read  this  that  Avill  feelingly  respond 
to  it.  The  public  is  right — universities  ought  to  learn  that 
they  are  held  in  estimation  only  for  the  quality  of  the  in- 
struction the}7  can  impart.  The  men  who  wen-  raised  in 
the  French  Polytechnic  school  would  have  given  a  standing 
to  any  place,  even  though  it  had  been  built  of  brick.  The 
effective  part  of  a  seminary  of  science  is  not  its  walls  and 
decorations;  yet  both  in  Europe  and  in  America  such  in- 
stitutions are  to  be  seen,  which  remind  one  of  a  lioe-of-battle 
ship,  with  its  decks  carpeted  and  no  guns  aboard. 

That  Mr.  Smithson  intended,  when  he  gave  this  money 
in  charge  to  the  United  States,  to  found  an  institution  for 
the  advancement  and  diffusion  of  science,  there  rammr  In-  a 
doubt.  His  whole  life  is  a  commentary  on  his  intentions. 
He  had  witnessed,  during  his  repeated  visits  to  the  continent, 
the  successive  plans  adopted  by  the  French  Republic  for  the 
rapid  and  perfect  education  of  their  youth — their  Central, 
their  Normal,  their  Polytechnic  schools — for  Fourcrov,  the 
chemist,  who  was  continually  in  the  society  that  Mr.  Smith- 
son  frequented,  was  the  main  mover,  if  not  the  originator, 
of  these  different  plans,  and  was  a  member  at  the  time  of 
the  National  Convention  and  the  Council  of  Ancients.  No 
one  who  contemplates  the  great  results  at  last  obtained  from 
these  repeated  trials,  and  the  impetus  given  to  all  depart- 
ments of  knowledge,  even  the  most  difficult  and  sublime,  will 
deny  that  the  schemes  adopted  were  far  superior  to  anything 
that  had  preceded  them. 

This  brings  me  now  to  the  main  point  of  my  letter.  Partly 
because  the  funds  allotted  to  this  purpose  are  limited — partly 
because  great  and  successful  universities  cannot  spring  up 
in  a  day,  but  must  be  of  slower  growth — partly  because  it  is 
uncertain  whether  Congress  will  give  munificently,  or  even 
give  anything  to  the  cause — partly  because  it  is  most  suitable 
to  the  genius  and  character  of  institutions  now  existing  in 
the  different  States — partly  because  the  successful  results 
which  can  be  produced  from  it  will  appeal  at  once  to  the 
understanding  of  the  whole  people,  and  inevitably  lead  to  the 
establishment  either  by  the  national  councils  or  by  patriotic 
individuals  of  a  great  National  University,  but  chiefly  be- 
cause I  believe  it  to  have  been  the  intention  of  the  testator — 


PROPOSED    APPLICATIONS    OF    SMITHSON's    BEQUEST.        883 

I  would  indicate,  as  the  most  appropriate  disposal  of  these 
funds,  the  establishment  of  a  Central  School  of  NATURAL 
SCIENCE  in  the  city  of  Washington.  Let  us  now  examine 
this  proposition  in  detail. 

The  principal  of  these  funds — whatever  may  be  the  action 
in  the  case — must  be  kept  untouched;  the  interest  alone  is 
available. 

Each  of  the  different  States  possesses  learned  institutions, 
under  the  form  of  colleges,  seminaries,  or  universities,  their 
object  being  to  give  instruction  to  a  certain  extent  in  what 
is  regarded  as  essential  to  good  scholarship.  Accordingly, 
the  plan  adopted  for  under-graduate  study  is  arranged  under 
four  heads — ancient  languages,  intellectual  science,  mathe- 
matics, and  the  physical  sciences.  As  the  course  of  instruc- 
tion is  commonly  arranged  prospectively  for  four  years,  the 
pupil  spends  upon  the  first  of  these  departments  a  portion 
of  three  or  four  years;  upon  the  second,  one  to  two  years; 
upon  the  third,  two  or  three  years;  and  upon  the  last,  one 
or  two  years — the  plan  being  somewhat  different  in  different 
places,  and  ordinarily  requiring  him  to  be  prosecuting- three 
out  of  the  four  different  departments  at  once.  It  is  probable 
that  with  the  present  views  taken  in  society  of  the  nature 
of  public  instruction  an  institution  which  should  depart  to 
any  extent  from  this  programme  would  not  meet  with  good 
success.  As  it  must  depend  almost  entirely,  especially  at 
the  outset,  on  support  of  a  local  character,  it  cannot  dare 
to  control  public  opinion,  but  can  only  work  itself  into 
existence  by  conformity  with  established  customs. 

The  organization  of  a  national  establishment  of  this  char- 
acter would,  however,  be  attended  with  obstacles  almost 
insuperable.  Called  into  existence  at  once,  not  as  the  rival 
but  as  the  head  of  all  learned  seminaries,  and  backed  as  it 
ought  to  be  with  the  countenance  and  support  of  the  Govern- 
ment, it  would  have  to  sustain  itself  against  the  direct  hos- 
tility of  all  the  State  institutions.  They  would  soon  begin 
to  learn  that  it  flourished  at  their  expense;  and,  for  such 
are  the  feelings  of  human  nature,  they  would  quickly  regard 
it  as  a  chartered  monopoly  of  a  vexatious  and  oppressive 
kind. 

These  considerations,  therefore,  will  show  us  that  in  mould- 
ing the  character  of  Mr.  Smithson's  Institute  we  must  keep 
clear  of  everything  which  might  be  regarded  as  trespassing 
on  the  bounds  and  rights  of  State  Universities.  That  it  may 

fo  into  operation  with  the  good  will  of  all,  it  must  be  free 
:om  the  suspicion  of  interfering  with  any.     It  must  be  so 
arranged  as  not  to  draw  from  them  their  pupils,  nor  to  divert 


884       PROPOSED    APPLICATIONS    OF    SMITHSjON'S    BEQUEST. 

from  them  the  channels  of  their  accustomed  support.  As 
its  origin  and  objects  are  different  from  theirs,  so  there  must 
be  impressed  upon  it  a  character  perfectly  distinct.  Instead 
of  coming  forward  as  a  competitor  with  them  in  the  sale  of 
literary  wares,  it  were  better  for  it  to  bring  into  the  market 
articles  which  they  do  not  supply. 

Of  the  four  departments  of  study  already  indicated  as 
entering  into  the  plan  of  existing  education,  the  ancient 
languages  and  intellectual  sciences  are  generally  pursued  to 
a  considerable  extent.  Requiring  no  great  outlay  for  the 
purchase  of  libraries  or  means  of  illustration,  and  there 
being  an  abundant  supply  of  accomplished  teachers  fur- 
nished from  the  ranks  of  professional  life  or  brought  up 
with  these  objects  in  view,  a  very  effective  course  of  instruc- 
tion can  be  given,  and  accordingly  we  find  that  our  classical 
scholars  bear  an  advantageous  comparison  with  those  that 
graduate  in  European  schools. 

But  in  the  more  exact  sciences  it  is  not  so.  The  whcle 
routine  of  instruction  in  natural  and  physical  science  is 
attended  at  the  beginning  with  such  heavy  costs  and  such 
a  constant  drain  of  expenditure  for  repairs  and  consump- 
tion that  all  institutions  among  us  find  it  necessary  to  restrict 
themselves  here.  Their  means  will  not  enable  them  to  sus- 
tain complete  courses  of  instruction,  and  they  are  necessa- 
rily driven  to  pass  over  these  subjects  in  a  superficial  way, 
and  allot  to  them  only  a  brief  space  of  time. 

There  is  also  another  reason  which  renders  their  instruc- 
tion on  these  points  inefficient — a  difficulty  inherent  in  their 
very  constitution.  The  successful  study  of  the  higher  de- 
partments of  physical  science,  whether  natural  philosophy 
or  chemistry,  requires  a  previous  knowledge  of  the  higher 
geometry.  Mathematics  have  now  become  the  porch  of 
physical  knowledge.  Young  men,  at  the  commencement  of 
college  life,  have  commonly  but  an  indifferent  acquaintance 
with  mathematics.  It  is  as  much  as  they  can  do,  even  in 
the  course  of  four  complete  years,  to  gain  a  general  insight 
into  the  principles  of  the  Calculus.  The  leading  institutions 
among  us  do  not  profess  to  carry  them  beyond  this.  It  is 
only  then  that  they  are  ready  to  take  hold  of  these  subjects 
in  a  proper  way,  but  it  is  also  then  that  their  term  of  educa- 
tion has  expired,  and  instruction  fails  them. 

Here  therefore  is  the  point  on  which  the  Smithsonian 
Institute  can  act  with  efficiency  in  aid  of  our  established 
seminaries,  without  interfering  with  them  in  anywise.  In 
this  character  it  will  fulfill  to  the  letter  the  wishes  of  its 
founder — an  institute  for  men,  not  boys.  It  will  be  operating 


PROPOSED    APPLICATIONS    OF    SMITHSON?S    BEQUEST.        885 

In  a  work  which  he  unquestionably  thought  of  the  deepest 
importance  to  the  human  race,  and  instead  of  acting  in  rival- 
ship  it  will  be  acting  in  unison  and  harmony  with  our  estab- 
lished colleges. 

I  would,  therefore,  found  it  as  a  school  of  physical  science, 
giving  an  elaborate  course  of  mathematical  instruction. 
Commencing  at  the  point  where  our  higher  universities  close, 
1  would  give  it  a  perfect  apparatus,  good  cabinets,  and 
gradually  a  respectable  library.  Proceeding  in  the  work 
of  expanding  it  slowly,  it  should  as  encouragement  was 
given  or  opportunity  served,  be  furnished  with  a  botanical 
garden,  an  observatory,  a  zoological  institute,  or  analogous 
means  for  prosecuting  in  a  proper  way  the  great  sciences  of 
.astronomy  and  general  physiology. 

Now  mark,  sir,  the  result  of  this.  "We  are  the  residents 
of  a  great  continent,  which  is  bursting  into  life.  Upon  us, 
and  our  immediate  descendants,  has  devolved  the  duty 
•of  developing  on  a  scale  hitherto  unknown  in  this  world 
the  resources  of  the  giant  empire,  which  is  going  to  stretch 
from  the  Atlantic  to  the  Pacific  ocean.  The  men  are  now 
born  who  will  hear  the  loud  snort  of  the  locomotive  in  the 
deserts  beyond  the  Rocky  Mountains.  No  system  of  educa- 
tion that  has  ever  yet  been  tried  will  meet  our  wants.  We 
want  means  for  the  rapid  development  of  all  our  powers — 
means  for  the  rapid  development  of  all  our  resources.  The 
soil  beneath  us  teems  with  wealth;  our  population  is  increas- 
ing beyond  all  example;  we  are  men  of  enterprise  and  energy, 
living  in  a  period  of  the  earth's  history  unlike  any  that  has 
preceded,  when  the  force  of  intellect  is  fast  supplanting  all 
other  powers,  and  under  a  government  the  constitution  of 
which  has  no  example.  To  a  nation  like  us  ignorance  is 
death;  the  loss  of  virtue,  annihilation.  We  are  trying  to 
unite  interests  of  the  most  diverse  and  jarring,  and  to  bind 
in  one  bond  of  union  the  hot  and  fiery  disposition  of  the 
man  living  within  the  tropic  with  the  cold  calculating  in- 
habitant of  the  Green  Mountains.  But  men  of  all  climates 
are  not  men  of  one  mind;  their  character  is  moulded  by  the 
things  passing  around  them ;  it  takes  a  stamp  from  the  scenes 
of  early  life,  an  impress  from  nature.  The  Italians,  under 
all  their  changes  of  government,  are  continually  the  same 
people.  Overcome,  trodden  down,  trampled  under  foot, 
there  is  an  elastic  resiliency  that  forever  bears  them  up 
again.  It  matters  not  what  public  calamities  betide  them, 
or  what  national  woes  are  stored  up  for  them  in  the  womb 
of  time,  another  Volta  will  reveal  the  mysteries  of  nature, 
another  Canova  will  breathe  the  breath  of  life  into  the  mar- 


886        PROPOSED    APPLICATIONS    OF    SMITHSON's   BEQUEST. 

bles  of  Carrara,  another  Catalini  will  enchant  all  Europe 
with  her  song.  The  same  causes  which  determine  those 
things  there  are  in  tenfold  action  here.  We  have  no  surety 
of  continuance,  except  from  the  increasing  intelligence  of 
our  people. 

If  no  other  gain  accrued  to  us  from  an  establishment  of 
this  kind  than  the  development  of  the  mineral  resources  of 
the  continent,  we  should  be  amply  repaid.     Nature   has 
scattered  with   a  lavish   hand   her  warehouses  of  metals 
among  us;  she  has  given  us  inexhaustible  riches,  but  there 
does  not  exist  in  all  the  United  States  a  single  school  of 
mines.     France,  England,  Sweden,  Germany,  have   well- 
organized  institutions  of  this  class — in  some  instances  sup- 
ported directly  by  the  government,  in  others  under  the  charge 
of  those  interested  in  mines.    In  this  consists  the  secret  that 
they  are  continually  improving  their  processes  of  metallurgiC 
operations,  and  are  able  to  extract  profitable  returns  from 
ores  inferior  to  those  which  we  daily  pass  by  with  negkvt. 
But  there  are  higher  ends  than  this.     No  man,  until  lie 
is  acquainted  with  physical  science  as  it  now  exists,  can  have 
any  idea  of  the  great  things  for  which  Providence  has  pre- 
pared him.     He  cannot  think  with  what  amazing  power  the 
mind,  aided  by  the  vast  enginery  of  geometry,  passes  from 
cause  to  effect,  or  from  effects  to  causes — how  it  links  to- 
gether phenomena  which  might  appear  to  him  to  have  no 
resemblance,  and  disentangles  from  the  varying  operations 
of  Nature   the  immutable  laws  which  govern    her — how, 
as  it  becomes  evolved  in  these  pursuits,  it  learns  to  take 
those  far-spreading  views  in  which  the  unlettered  can  never 
participate — how,  looking  backward  on  departed  times,  it 
describes  events  which  happened  when  there  was  no  history 
to  record,  no  human  eye  to  see;  or  looking  forward  with 
the  steady  gaze  of  a  prophet,  unfolds  what  is  to  happen  in 
the  coming  eternity — how,  reflecting  as  it  were  the  image 
of  its  Maker,  and  sharing  in  His  omnipresence,  it  walks 
through  the  fabric  of  the  Universe,  and  examines  the  quali- 
ties, the  magnitudes,  the  relations  of  one  star  after  another; 
or,  returning  to  the  frail  tabernacle  that  it  tenants,  reveals 
its  structure  and  functions,  its  general  connection  with  the 
system  of  organization — how  it  is  rapidly  penetrating  the 
mysteries  of  the  world  of  life,  exhibiting  the  great  plan  of 
unity  of  design  and  the  laws  of  progressive  development, 
and  thereby  ascertaining  its  own  place  and  position  in  the 
Universe,  its  continued  dependence  on  an  unceasing  Provi- 
dence. 

It  is  impossible  that  any  one  should  become  acquainted 


PROPOSED    APPLICATIONS    OF    SMITHSON's    BEQUEST.        887 

with  the  philosophy  of  the  nineteenth  century  and  not  be- 
come a  virtuous  man. 

Physical  knowledge  is  not  the  property  of  any  part  of 
mankind,  but  the  property  of  all.  The  pursuit  of  it  is  what 
all  are  interested  in — the  profits  of  it  all  share;  and  herein 
consists  the  vast  superiority  which  it  possesses  over  mere 
literature.  The  one  is  general  and  for  the  whole  world,  the 
other  is  sectional  or  local ;  the  one  dispenses  its  benefits  alike 
on  the  civilized  and  the  savage,  the  other  only  on  the  man  of 
education.  The  course  of  events  and  the  casualties  of  time 
may  bring  about  the  destruction  of  English  letters,  and  poets 
that  we  have  thought  immortal  may  be  forgotten,  and  works 
of  art  or  of  taste  be  buried  under  the  lapse  of  ages,  but  English 
science  can  never  die;  the  steamship  will  still  continue  to 
cross  the  Atlantic,  the  locomotive  will  still  pass  over  the 
railway.  One-half  of  the  human  family  is  in  utter  ignorance 
of  what  is  thought  learned  and  beautiful  and  wise  by  the 
other  half.  There  are  millions  in  Asia  who  have  never 
heard  of  Paradise  Lost — millions  in  Africa  who  know 
nothing  of  the  Cartoons  of  Raphael;  and  on  the  other  hand, 
among  these  people  there  have  existed  accomplished  orators 
and  valiant  warriors  of  whom  we  have  never  heard — works 
of  art  that  we  have  never  seen.  But  the  savage  as  well  as 
the  civilized,  the  Oriental  as  well  as  the  Western  man,  casts 
away  his  bow  and  arrows  on  the  discovery  of  gunpowder; 
the  Chinese  junk  as  well  as  the  American  man-of-war  is 
steered  by  the  magnetic  needle. 

To  diffuse  benefits  of  this  order,  which  can  be  participated 
in  by  all  the  families  of  the  earth — to  devise  means  of  in- 
creasing the  power,  the  wisdom,  the  virtue  of  man — is  the 
great  object  of  the  Smithsonian  bequest.  It  is  a  solemn  and 
responsible  duty  which  has  fallen  upon  Congress — a  duty 
which,  as  the  Government  has  commenced,  so  it  must  complete. 

There  are,  however,  among  us  men  known  both  to  you 
and  me  whose  views  are  unfavorable  in  relation  to  the  estab- 
lishment of  an  University  at  Washington,  The  bearings 
of  their  political  creed,  they  say,  lead  them  to  question  the 
constitutionality  of  Congress  intermeddling  at  all  with  public 
education.  Without  joining  issue  with  them  on  the  law  of 
the  contested  point,  I  would  rather  reason  as  to  the  facts  of 
the  case.  The  Government  has  received,  or  rather  by  process 
of  law  spontaneously  taken  possession  of  a  certain  amount  of 
money,  under  conditions  which  every  plain-dealing  person 
among  us  understands.  If  by  casting  obstacles  in  the  way 
we  defer  from  time  to  time  the  completion  and  discharge 
of  that  duty,  how  can  we  bring  men  who  live  in  other  coun- 


,888       PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST. 

tries,  and  who  do  not  know  the  nice  shades  of  distinction 
that  we  draw  between  the  powers  of  Congress  and  the  rights 
of  the  States,  to  understand  how  it  is  that  we  have  volun- 
tarily incapacitated  ourselves  for  performing  the  greatest  of 
all  benefits  for  which  governments  are  instituted — the  diffu- 
sion of  a  public  blessing?  This  money  is  not  given  for  our 
use  alone,  but  for  the  general  good  of  all  men.  We  should 
therefore  recollect  that  others  have  rights  in  it  as  well  as 
ourselves.  We  can  neither  return  it  without  betraying  our 
trust  to  them,  nor  can  we,  with  a  clear  conscience,  defer  to 
appropriate  it  to  the  use  for  which  it  was  unquestionably 
designed.  We  stand  merely  in  the  light  of  trustees,  or 
rather  executors  of  a  will.  We  may  not,  therefore,  pro- 
crastinate unduly. 

Such  being  the  case,  let  us  act  as  upright  men  in  private 
life  would  do.  Taking  the  will  of  the  giver  in  its  plain  and 
literal  sense,  let  us  erect  a  Smithsonian  Institute  for  the 
purpose  of  increasing  and  diffusing  knowledge  among  men, 
shaping  our  course  by  the  known  ideas  of  the  testator,  estab- 
lishing such  an  institution  as  we  have  reason  to  believe  he 
would  have  established,  but  moulding  it,  as  we  ought  to  do, 
to  the  wants  and  circumstances  of  the  country  in  which  he 
saw  fit  to  locate  it.  We  are  not  called  upon  to  raise  up  a 
rival  or  an  antagonist  to  our  own  colleges. 

And  as  the  funds  are  small,  compared  with  the  object  in 
view,  let  us  first  guarantee  the  permanent  safety  of  the  prin- 
cipal. If  Congress  saw  good,  it  would  surely  bring  honor 
to  the  country  if  a  piece  of  land  and  suitable  buildings  were 
given;  but  if  not,  proceed  to  procure  them  as  rapidly  as  the 
annual  income  will  allow,  keeping  steadily  in  mind  that  we 
are  not  erecting  structures  to  ornament  Washington,  but 
buildings  in  which  science  has  to  be  taught.  Let  the  stranger 
who  visits  us  see  an  edifice  plain  and  in  keeping  with  repub- 
lican simplicity  without,  but  well  equipped  within. 

A  school  organized  as  has  been  indicated  in  this  letter 
would  probably  consume  the  revenue  of  five  years  before  it 
could  be  brought  into  full  operation.  Its  leading  features 
once  settled,  there  would  be  abundant  time  to  arrange  the 
details  of  the  plan — to  make  inquiry  into  and  profit  by  the 
experience  of  foreign  institutions  of  an  analogous  class.  A 
liberal  charter  should  be  given  it,  raising  it  on  a  level  in 
point  of  privileges  with  any  existing  university,  and  vesting 
its  government  in  a  very  few  but  very  responsible  hands. 
You  will  find  it  one  of  the  most  prominent  faults  in  the 
organization  of  most  of  our  schools  that  they  are  governed 
by  unwieldy  boards  of  trustees.  A  council  of  five  men, 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.       889 

chosen  with  discretion,  would  be  far  better  adapted  for  work- 
ing purposes  than  one  of  thirty  indiscriminately  selected. 

Probably  your  views  would  incline  you  to  an  institution 
of  a  more  literary  cast  than  that  which  I  have  indicated.  I 
cannot,  however,  see  any  broad  distinction  that  you  could 
draw  that  should  separate  it,  characteristically,  from  an 
University.  Even  if  there  were  no  danger  of  its  collision 
under  that  form  with  the  older  Universities,  I  doubt  very 
much  the  possibility  of  carrying  it  into  effect.  Mr.  Smith- 
son's  fund  is  not  enough.  We  cannot  tell  whether  Congress 
is  munificently  disposed,  or  whether  the  way  would  be  clear 
in  other  respects.  A  successful  University  must  be  of  slower 
growth.  It  would  be  impossible  to  officer  at  once  one  in 
Washington  of  which  all  others  should  tacitly  acknowledge 
the  supremacy.  The  thing  itself  is  not  desirable;  and  yet, 
under  any  other  condition,  it  would  be  a  discreditable  abor- 
tion. 

For  the  same  reason  that  I  am  not  disposed  to  believe 
that  by  the  "  Smithsonian  Institute  "  its  founder  meant  "  The 
National  Astronomical  Observatory  of  the  United  States," 
.so  I  do  not  believe  he  meant  "A  National  University," 
planned  on  the  model  of  yours  of  Virginia,  Yale  College,  or 
any  other.  What  he  meant  by  the  term  knowledge  the  history 
of  his  whole  life  will  inform  us.  We  are  bound  to  conform 
to  his  wishes,  so  far  as  we  can  understand  them.  One  thing 
is  certain,  that  no  plan  can  ever  be  got  through  Congress 
that  is  not  based  upon  this  principle.  There  is  a  pride 
among  us  that  will  not  stoop  to  be  indebted  for  these  things 
to  the  generosity  of  strangers. 

Indeed,  it  is  not  literature  that  we  need.  On  all  sides  we 
are  surrounded  with  able  and  learned  men  whose  lives  are 
devoted  to  its  pursuits.  They  will  all  tell  you  that  it  is  not 
on  the  machinery  of  colleges,  but  on  the  printing  press,  that 
they  depend  for  the  diffusion  of  the  information  they  hold. 
In  this  respect,  your  owrn  Messenger,  if  it  receives  the  sup- 
port which  I  trust  it  does,  may  be  a  more  valuable  adjunct 
than  half  a  million  of  dollars  spent  in  erecting  a  College  in 
Washington.  But  in  science  it  is  otherwise;  the  living 
teacher  alone  can  communicate  information,  and  you  must 
.arm  him  with  cabinets  and  apparatus. 

Whilst,  therefore,  there  is  on  the  one  hand  no  prospect  of 
establishing  successfully  a  Literary  Institute,  not  a  suffi- 
ciency of  funds  for  sustaining  one  of  a  mixed  character, 
many  doubts  as  to  whether  the  testator  had  reference  to  one 
of  either  kind,  the  danger  of  causing  the  whole  attempt  to 
miscarry  by  incorporating  Mr.  Smithson's  Institute  with  a 


890   PROPOSED  APPLICATIONS  OF  SMITHSON5S  BEQUEST. 

National  University,  on  the  establishment  of  which  Con- 
gress would  not  act  except  after  long  consultation  and  ascer- 
taining the  feelings  of  the  country,  and  hence  continually 
procrastinating  the  benefits  that  were  to  arise  from  it;  on 
the  other  hand,  we  see  the  way  clear  for  the  establishment 
of  a  school  where  Natural  Philosophy,  Chemistry,  Geology, 
Mineralogy,  Philosophy,  and  all  other  sciences  could  be 
effectually  taught — a  school  which,  so  far  from  clashing  with 
others,  would  aid  them,  and  instead  of  meeting  with  their 
animosity,  would  receive  their  cheerful  countenance — which, 
although  it  might  be  helped  by  the  gift  of  funds  from  the 
nation,  could  nevertheless  go  into  operation  without  them— 
which,  under  a  wise  management,  could  be  speedily  brought 
to  yield  results  of  the  utmost  practical  importance,  and  fulfill 
to  the  very  letter  the  wishes  of  the  testator. 

The  statesman  who  looks  around  on  this  wide-spread  coun- 
try and  sees  what  it  possesses,  and  what  are  its  wants,  may 
recognize  in  such  a  disposal  of  this  gift  a  timely  present  to 
his  fellow-countrymen — a  benefit  the  advantages  of  which 
are  not  confined  to  them  alone,  but  free  and  open  to  men  of 

every  nation. 

******* 

Yours,  truly,  A- 


From  The  Southern  Literary  Messenger,  Richmond,  Va.,  1841, 
Vol.  VII,  Page  277. 

The  disposition  of  the  munificent  donation  of  the  late 
Mr.  Smithson  for  founding  a  National  Institution  in  the 
city  of  Washington  has  been  under  discussion  in  the  papers 
of  the  day  for  some  time  past.  Several  articles  of  no  ordi- 
nary merit  have  appeared  in  your  useful  Magazine,  mid 
without  designing  to  disparage  the  views  of  others,  I  would 
beg  leave,  through  the  same  medium,  to  present  a  few  obser- 
vations on  this  most  important  subject. 

While  all  the  writers  agree  in  the  propriety  of  Congress 
acting  upon  this  subject,  there  is  great  diversity  as  to  the 
character  of  the  Institution  which  it  is  called  upon  to  estab- 
lish. One  proposes  the  establishment  of  a  grand  astronom- 
ical observatory ;  another  advocates  a  museum  of  natural 
history,  with  a  system  of  public  and  gratuitous  lectures  on  the 
most  popular  and  practical  branches  of  liberal  knowledge; 
while  a  third  argues,  that,  inasmuch  as  Mr.  Smithson  himself 
was  a  friend  to  the  natural  sciences  and  an  intimate  acquaint- 


PROPOSED    APPLICATIONS    OF    SMITHSON'g    BEQUEST.        891 

ance  of  the  chemist  Fourcroy,  his  design  could  have  been 
none  other  than  founding  a  central  school  of  natural  science. 
From  a  forced  construction  to  the  expression,  u  diffusion  of 
knowledge  among  rnen,"  the  conclusion  is  drawn  that  the 
donor  had  reference  to  no  other  knowledge  than  that  which 
flows  from  the  study  of  the  physical  sciences. 

Whatever  may  have  been  the  individual  preferences  of 
Mr.  Smithson,  it  is  very  clear,  they  are  in  no  manner  ex- 
pressed in  his  bequest.  More  general  terms  could  not  have 
been  used  than  those  which  convey  his  intention — "  diffu- 
sion of  knowledge  among  men."  Thus  intimating  his  de- 
sign, he  leaves  the  disposition  of  the  fund  to  the  wisdom 
and  judgment  of  Congress.  Had  he  designed  founding  an 
institution  similar  to  the  scientific  schools  of  France,  what 
objection  could  there  have  been  to  his  expressing  himself  to 
this  effect  ?  The  absence  of  express  directions  may  there- 
fore be  regarded  as  conclusive  on  this  point,  and  that  Con- 
gress alone  was  to  adopt  that  plan,  which  the  circumstances 
and  necessities  of  the  country  might  demand. 

I  do  not  object  to  due  deference  being  shown  to  the  sub- 
jects which  claimed  the  time  and  talents  of  Mr.  Smithson. 
A  proper  respect  to  his  memory  might  seem  to  require  a 
more  decided  cast  to  the  Institution  in  favor  of  the  nat- 
ural sciences,  than  under  other  circumstances  would  be 
necessary  or  expedient.  But  as  all  the  institutions  of  the 
country  have  given  evidence  of  the  high  estimation  in  which 
they  hold  these  useful  branches  of  knowledge,  there  is  no 
danger  that  the  wishes  of  the  donor  will  be  departed  from 
in  this  respect.  Whatever  form  will  be  given  to  the  Smith- 
sonian Institute,  the  natural  sciences  will  occupy  a  promi- 
nent position  among  the  branches  of  public  instruction. 

The  question  being  settled  as  to  the  power  of  Congress 
over  this  fund,  it  becomes  us  to  consider,  in  the  next  place, 
the  manner  in  which  it  shall  be  disposed  of.  And  here  I 
would  again  join  issue  with  your  correspondent,  who  advo- 
cates the  establishment  of  a  central  school  of  natural  science. 
I  think  an  institution  already  exists,  which  supersedes  the 
necessity,  at  this  time,  of  the  entire  fund  being  appropriated 
for  this  exclusive  purpose.  The  United  States  Military 
Academy  at  West  Point  is  such  an  institution  as  your  corres- 
pondent proposes  to  establish.  It  is  emphatically  a  school 
of  the  natural  sciences.  Mathematics,  Astronomy,  Chem- 
istry, Geology,  Mineralogy,  Optics,  &c.,  claim  the  entire 
attention  of  its  students,  and  as  far  as  its  course  extends,  it 
is  justly  regarded  as  the  first  institution  in  this  country. 


892       PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

Indeed,  it  may  proudly  compare  with  similar  establishments 
in  France  or  Germany. 

It  enjo}78  a  large  share  of  the  favor  of  the  government 
and  people,  is  most  liberally  endowed,  has  extensive  philo- 
sophical and  chemical  apparatus,  and  is  in  every  way  quali- 
fied to  aid  in  the  great  work  of  "  diffusing  knowledge 
among  men."  It  numbers  now  nearly  one  Ihousand  grad- 
uates, many  of  whom  occupy  distinguished  positions  in  the 
scientific  and  literary  institutions  of  the  country,  and  all  of 
whom  are  returning  to  the  government  a  full  equivalent 
for  the  benefits  received.  It  would  hardly  seem  necessary 
at  the  present  time  to  establish  an  institution  in  Washington 
in  which  the  same  branches  are  taught  as  at  West  Point; 
and  until  the  necessities  of  the  country  are  provided  for  in 
other  respects,  such  a  course  might  be  deemed  unwise  and 
unjust. 

Nor  can  I  agree  to  the  plan  which  proposes  a  system  of 
public  and  gratuitous  instruction  by  lectures  on  the  most 
popular  and  practical  subjects  of  human  knowledge.  I  do 
not  believe  that  any  permanent  good  would  result  from  such 
a  system.  A  confused  and  imperfect  idea  of  the  various 
facts  of  science  would  thus  be  communicated,  without  any 
basis  upon  which  to  build  a  practical  course  of  instruction. 
The  auditory  continually  varying ;  few,  comparatively  speak- 
ing, would  have  the  benefit  of  a  full  course  of  lectures  upon 
any  one  subject,  while  the  lectures  themselves  would  of 
necessity  be  of  a  more  popular  character  than  would  be 
consistent  with  a  full  and  thorough  course  of  instruction. 

An  institution  that  would  correspond  to  the  views  of  the 
munificent  donor,  and  meet  the  wants  of  the  whole  country 
should  not  be  devoted  exclusively  to  any  particular  branch 
or  branches  of  knowledge.  Give  it  a  direction  either  for 
science  or  literature,  and  you  thus  cut  off  a  large  class  of 
persons  from  a  participation  in  its  benefits.  Although  all 
are  interested  in  the  results  and  achievements  of  science, 
there  are  other  subjects  of  great  importance  which  it  should 
also  encourage  and  promote.  The  labors  of  the  chemist 
and  geologist  contribute  greatly  to  the  supply  of  the  neces- 
sities of  mankind,  but  there  are  other  professions  equally 
important  and  essential  to  their  comfort  and  happiness. 
We  should  not  cramp  the  influence  of  such  an  institution, 
supported  as  it  would  be  by  the  power  and  patronage  of  the 
government;  it  should  embrace  every  subject  within  the 
compass  of  human  acquisition,  and  aim  at  the  general  "  dif- 
fusion of  knowledge  among  men."  It  should  therefore  be 
^  NATIONAL  UNIVERSITY.  It  should  be  supplied  with  the 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        893 

ablest  professors  which  this  or  any  other  country  could  pro- 
duce. It  should  have  an  extensive  library,  complete  philo- 
sophical and  chemical  apparatus,  and  laboratories  for  practi- 
cal instruction.  Avoiding  rivalry  with  the  State  institutions 
of  the  country,  its  design  should  be  to  complete  what  they 
have  begun.  It  should  be  an  institute  for  men,  not  boys, 
and  should  be  designed  to  supply  the  defects  which  cannot 
be  reached  bv  the  limited  means  of  the  States. 

Such  an  institution  would  regulate  and  elevate  the  stand- 
ard of  learning  throughout  the  country,  and,  above  all,  it 
would  be  the  means  of  supplying  our  colleges  and  acade- 
mies with  thoroughly  educated  and  well  qualified  professors 
and  teachers.  It  is  in  this  last  respect  that  the  deficiency  of 
education  in  this  country  mainly  consists.  So  limited  is 
the  course  of  instruction  in  most  of  our  colleges,  that  their 
graduates  on  entering  upon  the  duties  of  professors  are 
oftentimes  very  little  better  qualified  than  the  pupils  of  the 
higher  classes  themselves.  Who  can  expect  an  able  profes- 
sor of  chemistry,  when  the  amount  of  instruction  consists 
in  two  or  three  lectures  a  week  for  one  short  year  ?  No  lab- 
oratory— no  practical  instruction — and  a  bare  acquaintance 
with  the  more  common  experiments  introduced  in  a  course 
of  lectures.  Who  can  make  an  efficient  professor  of  math- 
ematics, when  the  course  is  in  many  instances  limited  to 
mere  mechanical  operations?  How  is  it  in  languages? 
How  far  do  the  beauties  and  defects  of  the  classics  claim 
the  attention  of  the  student,  so  as  to  fit  him  to  criticise  the 
various  authors  read  by  his  class?  Is  it  not  the  fact  that 
our  professors  are  oftentimes  elected  and  enter  upon  their 
duties,  not  from  a  sense  of  present  fitness,  but  from  the  hope 
that  by  proper  diligence  they  may  make  themselves  useful 
instructors?  And  even  with  the  best  natural  abilities,  how 
often  are  their  energies  and  efficiency  contracted,  by  the 
want  of  proper  books  for  study  and  reference  ?  Few  of  the 
libraries  in  our  State  institutions  contain  more  than  five 
thousand  volumes,  and  rnuivy  of  them  do  not  number  as  many 
hundred.  Most  of  these  books  are  of  a  character  little  suited 
to  meet  the  wants  of  the  inquirer,  and  he  is  thus  left  to  rely 
upon  his  own  resources  for  whatever  attainment  he  may 
make  in  the  study  of  his  profession.  The  writer  has  felt 
the  inconvenience  of  which  he  complains, — an  inconveni- 
ence sufficient  to  dampen  the  ardor  and  contract  the  useful- 
ness of  any  one.  lie  has  been  engaged  in  the  duty  of  pub- 
lic instruction  for  many  years,  and  he  has  rarely  been  able 
to  command  one  volume  in  twenty,  which  in  the  common 


894        PROPOSED    APPLICATIONS    OF    SMIT1ISOJTS    BEQUEST. 

course  of  his  studies  it  should  be  his  duty  to  consult  and 
examine. 

How  admirably  would  such  an  institution  as  I  propose, 
meet  the  wants  of  the  country  in  these  respects  ? 

But  it  is  argued  that  the  donation  of  Mr.  Smithson  is  in- 
sufficient for  so  extensive  a  plan.  Grant  it.  But  do  we 
depend  alone  upon  this  ?  May  we  not  look  for  and  claim 
the  aid  of  the  general  government  ?  With  the  exception 
of  the  academy  at  West  Point,  what  has  Congress  done  to 
advance  the  cause  of  education  ?  Is  it  not  time  that  some- 
thing should  be  done,  and  especially  at  this  time,  when  the 
astounding  developments  are  ringing  in  our  ears,  which  the 
results  of  the  late  census  make  known  ?  It  would  seem  as 
if  the  donation  of  Mr.  Smithson  had  been  providentially 
made,  to  direct  the  deliberations  of  Congress  to  this  too 
long  neglected  subject.  Five  hundred  thousand  dollars  will 
make  a  good  commencement,  and,  if  Congress  will  follow 
out  the  plan,  a  noble  institution  would  be  the  result. 

Does  any  one  doubt  the  power  of  Congress  over  the  sub- 
ject? Does  not  the  cause  of  education  come  legitimately 
within  the  meaning  of  that  clause  of  the  Constitution  which 
gives  to  Congress  the  power  of  passing  laws  providing  for 
the  general  welfare  ?  What  could  more  conduce  to  the  pub- 
lic good,  or  in  a  greater  degree  promote  the  general  welfare 
than  a  prudent  and  well  regulated  system  of  public  instruc- 
tion ? 

In  one  of  the  first  messages  of  the  Father  of  his  Country 
to  Congress,  he  thus  adverts  to  this  important  subject,— 
showing  that  he  viewed  the  cause  of  education  as  one  which 
it  was  the  duty  of  Congress  to  foster  and  promote.  "  I  have 
heretofore  proposed  to  the  consideration  of  Congress,  the 
expediency  of  establishing  a  National  University,  and  also  a 
Military  Academy.  The  desirableness  of  both  these  insti- 
tutions, has  so  constantly  increased  with  every  new  view  I 
have  taken  of  the  subject,  that  I  cannot  omit  the  opportu- 
nity of  once  for  all  recalling  your  attention  to  them.  The 
Assembly  whom  I  address,  is  too  much  enlightened  not  to 
be  fully  sensible  how  much  a  flourishing  state  of  the  arts 
and  sciences  contributes  to  national  prosperity  and  reputa- 
tion. True  it  is,  that  our  country  contains  many  seminaries 
of  learning,  highly  respectable  and  useful,  but  the  funds 
upon  which  they  rest  are  too  narrow  to  command  the  ablest 
professors  in  the  different  branches  of  liberal  knowledge. 
Amongst  the  motives  to  such  an  institution,  the  assimilation 
of  the  principles,  opinions  and  manners  of  our  countrymen, 
by  the  common  education  of  a  portion  of  our  youth  from 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        895 

«very  quarter  well  deserves  our  attention.  The  more  ho- 
mogeneous our  citizens  can  be  made  in  these  particulars, 
the  greater  will  be  our  prospect  of  permanent  union  ;  and 
a  primary  object  of  such  a  National  Institution  should  be 
the  education  of  our  youth  in  the  science  of  government. 
In  a  Republic,  what  species  of  knowledge  can  be  equally 
important,  and  what  duty  more  pressing  on  its  Legislature  than 
to  patronize  a  plan  for  communicating  it  to  those  who  are 
to  be  the  future  guardians  of  the  liberties  of  the  country." 
Again?  in  his  farewell  address,  he  says:  "  Promote,  then, 
as  an  object  of  primary  importance,  institutions  for  the  gen- 
eral diffusion  of  knowledge."  It  would  be  needless  to 
multiply  instances  in  which  the  most  distinguished  men  of 
our  country  have  expressed  themselves  equally  favorable  to 
this  cause ;  and  I  have  only  brought  the  sentiments  of  WASH- 
INGTON to  the  public  notice,  because  they  must  have  weight 
with  all  who  properly  estimate  the  character  of  this  great 
and  good  man. 

But  I  have  allowed  myself  to  transgress  the  limits  I  had 
at  first  designed  for  this  communication.  I  hope  it  may  be 
the  means  of  directing  the  attention  of  others  to  a  subject 
which  is  of  great  importance  to  the  welfare  and  happi- 
ness of  the  country.  S. 


Letter  from  Mr.  Duponceau,  President  of  the  American  Philo- 
sophical Society. 

PHILADELPHIA,  November,  1840. 

To  FRANCIS  MARKOE,  Jr., 

Corresponding  Secretary  of  the  National  Institution. 
MY  DEAR  SIR  :  I  have  read  with  great  attention  and 
pleasure  the  constitution  and  by-laws  of  the  National  Insti- 
tution, which  you  have  had  the  goodness  to  communicate 
to  me.  I  assure  you  that  I  feel  the  liveliest  interest  in  the 
success  of  this  noble  institution.  I  am  happy  to  see  it 
established  in  the  city  of  Washington,  the  capital  of  our 
Union,  and  many  reasons  induce  me  to  feel  this  satisfaction. 
The  District  of  Columbia  is  deprived  of  the  most  impor- 
tant rights  enjoyed  by  the  States.  Its  inhabitants  are  in 
fact  disfranchised,  and  do  not  enjoy  the  right  of  self-gov- 
ernment; a  compensation  is  due  to  them  for  this  great 
sacrifice,  and  there  cannot  be  a  nobler  one  than  the  laurel 
crown  of  science,  which  I  think  our  National  Government  is 
bound  to  give  to  them,  for  their  and  its  own  glory.  When  our 


896       PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

Government  shows  a  sincere  disposition  to  promote  science 
and  general  knowledge,  without  which  no  free  nation  can 
long  exist,  it  will  produce  many  excellent  effects ;  it  will 
promote  confidence  in  the  National  Administration ;  and, 
above  all,  it  will  soften  the  rage  of  party  spirit,  which 
threatens  to  involve  us  in  the  fate  of  the  Roman  Republic. 

The  details  of  your  organization  are  of  little  consequence, 
as  they  may  be  altered  by  the  institution  at  pleasure.  Yet 
there  are  some  principles  by  which  I  think  they  ought  to 
be  regulated,  and  which  I  shall  take  the  liberty  to  explain 
to  }Tou.  Every  institution  of  this  kind  ought,  in  my  opinion, 
to  be  constituted  with  a  view  to  its  efficiency  and  its  perpe- 
tuity. These  should  not  be  lost  sight  of  in  any,  even  the 
most  trifling,  of  its  regulations.  Efficiency  is  the  first, 
because  from  its  continued  action  perpetuity  will  arise 
and  follow  as  a  natural  consequence.  Experience  will 
show  you  whether  your  constitution  is  or  is  not  deficient  in 
regard  to  this  most  important  principle.  The  choice  that 
you  have  made  of  your  directors  is  a  most  excellent  one, 
and  I  have  nt>  doubt  will  be  attended  with  the  happiest 
consequences.  You  have  chosen  two  men  high  in  office, 
whose  means  of  assistance  are  considerable,  and  whose 
patronage  will  be  important  to  you.  I  do  not  speak  of 
their  personal  qualifications ;  they  are  well  known  to  the 
world.  One  of  them  is  already  highly  distinguished  as  a 
patron  of  science ;  of  this  I  can  speak  of  my  own  knowl- 
edge, as  the  American  Philosophical  Society,  amongst 
others,  is  greatly  indebted  to  him,  and  has  placed  him  in 
the  list  of  its  benefactors.  You  have  therefore  done  wisely 
in  obtaining  from  the  heads  of  the  Government,  that  they 
should  appear  as  the  head  of  your  institution.  It  is  to  be 
regretted  that  the  Chief  Magistrate  of  this  great  nation 
does  not  occupy  that  position  in  regard  to  this  institution 
which  the  world  will  naturally  expect  from  him,  and  which 
might  enable  him  to  be  so  eminently  beneficial  to  his 
country. 

I,  however,  cannot  but  highly  approve  of  your  choice  of 
directors;  but  you  must  be  sensible  that  men  who,  like 
them,  have  on  their  shoulders,  in  a  great  measure,  the  des- 
tinies of  their  country,  cannot  give  much  attention  to  the 
official  duties  which  you  have  imposed  upon  them.  It  is 
from  a  higher  sphere  that  they  must  govern  your  institution. 
I  would,  therefore,  recommend  that  you  should  select  two 
or  three  vice  directors,  to  save  them  the  labor  which  a  reg- 
ular^ attendance  on  your  meetings  would  require  of  them. 
Their  attendance  should  be  free  and  voluntary,  and  I  have 


PROPOSED    APPLICATIONS    OF    SMITHSON's    BEQUEST.       897 

no  doubt  that,  left  to  themselves,  they  would  make  every 
exertion,  particularly  in  the  inception  of  your  labors,  to 
direct  and  promote  them.  They  will  have  to  keep  up  a 
correspondence  with  other  learned  societies  at  home  and 
abroad  ;  and  I  would  suggest  that,  by  way  of  a  beginning, 
they  should  write  to  those  of  America,  soliciting  their  cor- 
respondence. 

Amongst  the  officers  of  your  society,  those  of  whom  most 
activity  is  expected,  are  your  secretaries.  You  will,  there- 
fore, of  course,  choose  none  to  those  offices  but  the  most 
active,  zealous,  and  capable  of  your  members.  But  all 
must  put  their  shoulders  to  the  wheel,  particularly  in  the 
beginning,  and  until  the  institution  is  well  established  and 
consolidated. 

That  will  be  the  work  of  time.  Your  institution  embraces 
the  whole  circle  of  human  science  ;  therefore  there  are  in- 
numerable sources  from  which  you  may  expect  aid.  But 
that  aid  is  at  first  difficult  to  be  obtained.  I  wish,  there- 
fore, you  would  think  of  some  method  to  obtain  it.  The 
American  Philosophical  Society  has  found  great  benefit 
from  the  publication  of  a  periodical  bulletin  of  its  proceed- 
ings, which  is  disseminated  through  all  the  learned  world. 
Before  that,  the}7  found  much  difficulty  in  obtaining  communi- 
cations from  the  learned,  to  be  inserted  in  their  transactions. 
The  reason  was,  that  it  was  not  known  how  soon  those 
communications  might  appear  before  the  world.  Fame, 
next  to  the  consciousness  of  doing  good,  is  the  best  reward  of 
men  of  science,  and  they  love  to  see  their  names  and  their 
productions  made  known  to  the  public ;  but  now,  although 
sometime  elapses  before  their  articles  are  published  at  large, 
yet,  as  they  are  noticed,  and  a  short  analysis  given  of  them 
in  the  Bulletin,  this  satisfies  them  so  well  that  the  society 
are  never  at  a  loss  for  materials  for  publication.  Your 
society  might  not  probably  publish  those  bulletins  immedi- 
diately,  on  account  of  the  expense ;  but  some  sketches  of 
your  proceedings  might  appear,  from  time  to  time,  in  one 
of  3'our  papers,  so  as  to  keep  your  institution  always  before 
the  world,  which  appears  to  be  necessary  for  its  continued 
existence. 

As  I  have  spoken  of  expense,  I  must  now  touch  upon  a 
subject  which  appears  to  me  of  the  highest  importance,  and 
of  which  it  might,  perhaps,  be  thought  presumptuous  in  me 
to  speak.  I  doubt  much  whether  you  can  ultimately  suc- 
ceed without  the  aid  of  the  Government.  Were  there 
nothing  but  your  current  expenses  in  the  printing  of  your 
Bulletin,  and  ultimately  of  Transactions,  which  I  hope  you 
67 


898        PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

have  in  view,  money  will  be  indispensably  wanted.  I  have, 
in  the  beginning  of  this  letter,  explained  that  I  think  the 
Government  is  interested  in  assisting  you,  and  I  believe 
that  they  have  the  means  fully  in  their  power.  I  have 
always  been  of  opinion  that  it  was  such  an  institution  as 
yours,  at  the  seat  of  Government,  that  Mr.  Smithson  had 
in  view  when  he  made  his  munificent  legacy  to  the  United 
States.  He  could  not  mean,  in  my  opinion,  that  his  money 
should  be  applied  to  the  promotion  of  any  specific  brand) 
of  knowledge,  much  less  to  the  foundation  of  a  school  or 
an  academy.  His  views  were  more  extensive.  He  wished 
to  promote  science  in  all  its  branches  and  departments,  and 
therefore,  he  wished  his  institution  to  be  fixed  at  the  seat  of 
Government;  from  whence,  as  from  a  center,  the  rays  of 
science  might  be  diffused  throughout  the  whole  country. 
And,  therefore,  Congress  cannot  find  a  bettvr  opportunity 
to  execute  the  will  of  that  beneficent  testator  than  by  laying 
hold  of  your  institution,  and  making  it  its  own. 

Here  let  me  be  understood.  I  do  not  mean  that  Congress 
should  immediately  put  into  your  hands  the  large  legacy  of 
Mr.  Smithson,  to  erect  with  it  grand  buildings,  make  a  great 
parade,  and  fail  in  the  end,  as  so  many  others  have  done. 
That  cannot  be  expected  to  be  done  until  your  society  has 
become  firmly  established  on  a  solid  basis,  and  has  acquired 
that  high  reputation  which  I  hope  it  will  always  have  in 
view  in  the  learned  world  ;  but,  in  the  mean  time,  Congress 
might,  out  of  the  interest,  aid  your  exertions  in  proportion 
to  your  progress,  and,  at  least,  in  the  beginning,  enable  you 
to  make  those  publications  without  which  you  cannot  well 
expect  to  proceed.  Thus  your  institution  would  grow  under 
their  fostering  hand,  and,  in  process  of  time,  that  great  de- 
sign of  Mr.  Smithson  would  be  completely  fulfilled.  I  say, 
in  process  of  time,  for  time  will  certainly  be  required,  be- 
fore you  can  rise  to  the  rank  in  science  which  you  may 
justly  keep  in  view.  In  my  opinion,  you  should  not  attempt 
too  much  at  once,  but  proceed  gradually  and  systematically, 
being  satisfied  with  every  year  showing  to  the  world  some 
progress,  but  not  imagine  that  your  institution,  as  I  hope 
it  will  one  day  be,  will  come  out  at  once,  fully  armed,  like 
Minerva,  from  the  head  of  Jupiter.  Trust,  therefore,  to 
time,  but  let  it  be  aided  by  your  zeal,  your  activity,  and, 
above  all,  by  your  energy.  Energy  is  the  soul  of  all  great 
undertakings,  but  it  must  be  continued,  and  never  suffered 
to  flag. 

Here  you  have,  in  as  brief  a  space  as  I  could  condense 
them,  my  opinions,  my  wishes,  and  my  hopes.  Let  me, 


PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST.       §99 

therefore,  conclude  with  the  wish  of  father  Paul,   which, 

alas!  was  not  fulfilled   as  to  his  Republic,  but  I  hope  will 

apply  with  more  truth  to  your  institution,  "  ESTO  PERPETUA  !" 

I  am,  with  great  regard  and  esteem, 

PETER  S.  DUPONCEAU. 


.Extracts  from  discourse  of  Hon.  J.  R.  Poinsett,  January  1, 1841. 

There  can  be  no  doubt  that  a  National  Institution,  such 
as  we  contemplate,  having  at  its  command  an  Observatory, 
a  Museum  containing  collections  of  all  the  productions  of 
nature,  a  Botanic  and  Zoological  Garden,  and  the  necessary 
apparatus  for  illustrating  every  branch  of  physical  science, 
would  attract  together  men  of  learning  and  students  from 
every  part  of  our  country,  would  open  new  avenues  of  in- 
telligence throughout  the  whole  of  its  vast  extent,  and  would 
contribute  largely  to  disseminate  among  the  people  the 
truths  of  nature  and  the  light  of  science. 

A  fortunate  concurrence  of  circumstances  offers  a  favor- 
able occasion  to  carry  all  these  important  objects  into  imme- 
diate effect.  A  liberal  and  enlightened  Englishman,  fore- 
seeing the  benefits  which  would  result  to  science  throughout 
the  world,  by  its  successful  cultivation  in  the  vast  and  ex- 
tensive field  offered  by  these  States  and  Territories,  with 
enlarged  views  and  praiseworthy  philanthropy,  has  be- 
queathed a  fund  to  be  employed  for  tiie  sacred  purposes  of 
increasing  and  diffusing  knowledge  among  men.  This 
bequest  will  enable  the  Government  to  afford  all  necessary 
protection  to  the  promotion  of  science  and  the  useful  arts, 
without  the  exercise  of  any  doubtful  power,  by  the  applica- 
tion of  the  annual  interest  of  this  fund  to  the  establishment 
of  an  Observatory,  the  erection  of  suitable  buildings  to 
contain  the  collections,  and  for  lecture  rooms,  the  purchase 
of  books  and  instruments,  and  the  salaries  of  professors  and 
curators.  Specimens  of  natural  history  are  rapidly  accumu- 
lating. The  exploring  expedition  has  already  sent  home  a 
large  collection,  which  remains  packed  away  in  boxes  in  a 
room  belonging  to  the  Philadelphia  Museum,  generously 
loaned  by  the  company  for-  that  purpose ;  and  we  may 
anticipate,  from  the  ability  and  well  known  zeal  of  the 
naturalists  who  accompanied  it  by  order  of  the  Government, 
that  the  squadron  itself,  shortly  expected,  will  return  richly 
freighted  with  objects  of  natural  history.  I  cannot  believe 
that  after  all  the  labor,  pains,  and  expense  incurred  in  pro- 
curing them,  these  specimens  are  not  to  be  brought  to 


900        PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

Washington  to  be  arranged  and  exhibited  here.  A  geolog- 
ical survey  of  the  Territory  of  Iowa  was  made  a  few  months 
since,  by  order  of  the  Government,  and  numerous  valuable 
specimens  collected  by  Mr.  Owen.  Mr.  Nicolet  has  brought 
with  him  interesting  collections  made  in  the  country  he 
visited,  and  Doctor  King,  of  Missouri,  lately  sent  to  the  lead 
region  on  business  connected  with  the  Ordnance  Office, 
while  there  collected  specimens  of  minerals  which  are  like- 
wise destined  for  Washington.  The  Ordnance  officers  who 
have  lately  returned  from  Europe,  have  brought  with  them 
numerous  specimens  of  the  iron  ores  used  in  the  foundries 
there,  and  measures  have  been  taken  to  procure,  as  objects 
of  comparison,  those  of  the  United  States. 

Several  individuals  have  transmitted  donations  to  the  In- 
stitution, while  others  have  deposited  their  collections  with 
us,  from  a  desire  to  have  them  preserved,  and  at  the  same 
time  to  benefit  science.  We  have  reason  to  believe  that 
this  will  be  extensively  done  as  soon  as  the  institution  is 
firmly  established.  There  are  many  of  our  countrymen 
who,  like  Sir  Hans  Sloane,  the  founder  of  the  British  Mu- 
seum, look  forward  with  regret  to  the  sale  and  dispersion 
of  their  collections,  made  at  great  cost  and  pains,  and  desir- 
ing to  have  them  preserved  entire,  would  deposit  them  with 
an  institution  which  will  be  as  stable  as  the  Government 
that  protects  it.  For  these  purposes,  and  especially  if  it  be 
intrusted,  as  we  hope  it  will  be,  with  the  specimens  of  natural 
history  collected  by  the  exploring  squadron,  it  will  be  neces- 
sary that  measures  should  be  early  adopted  to  have  erected 
on  a  suitable  site,  on  the  public  ground,  a  plain  fire  proof 
building,  to  contain  them,  where  the  increasing  and  valuable 
collections  may  be  displayed,  and  be  examined  by  the  scien- 
tific inquirer,  and  where  he  may  resort  for  evidence  to  sup- 
port his  theories  or  to  correct  his  views.  We  hope  that 
this  further  contribution  to  science  will  not  be  withheld. 
The  expeditions  themselves  have  received  the  favorable  no- 
tice of  every  civilized  nation,  and  were  fitted  out  in  obedience 
to  the  will  of  the  people,  who  would  not  desire  to  see 
the  fruits  of  so  much  toil  and  danger  perish  for  the  want  of 
this  trifling  additional  expense.  We  cherish  the  hope  that 
they  will  form  the  foundation  of  a  National  Museum,  and 
contribute  to  spread  the  light  of  science  over  our  land." 


A  PLEA  FOR  A  NATIONAL  MUSEUM  AND  BOTANIC 

GARDEN, 

To  be  founded  on  the  Smithsonian  Institution,  at  the  City  of  Washington^ 

BY  WILLIAM  DARLINGTON,  M.  D. 
Read  before  the  Chester  County  Cabinet  of  Natural  Science,  December  3, 1841. 


The  writer  of  this  brief  address  is  glad  to  have  been  reminded,  since  its 
deliver}*,  that  the  very  proposition  which  it  advocates  was  substantially 
made,  and  forcibly  urged,  in  the  able  discourse  of  the  Hon.  J.  R.  POIN- 
SETT,  late  Secretary  of  War,  before  the  National  Institution,  at  Washing- 
ton, at  their  first  anniversary  meeting.  The  fact  had  entirely  escaped  his 
memory;  though  he  has  now  no  doubt  that  the  suggestion  (which  he  has 
been  revolving  in  his  mind  without  recollecting  its  origin)  was  in  truth  de- 
rived from  that  source.  Had  the  circumstance  occurred  to  the  writer  in 
season,  he  would  have  endeavored  to  fortify  his  own  feeble  "Plea,"  by 
availing  himself  of  some  of  the  more  comprehensive  views  and  powerful 
arguments  of  the  honorable  Secretary.  As  it  is,  he  merely  desires,  in 
parliamentary  phrase,  to  be  regarded  as  seconding  the  motion  so  appro- 
priately made  by  that  distinguished  promoter  of  Science  and  the  liberal 
Arts. 


It  is  known,  probably,  to  every  individual  of  this  audi- 
ence, that  a  munificent  bequest  was  made,  a  few  years  since, 
to  the  United  States,  by  Mr.  JAMES  SMITHSON.  of  London, 
for  the  purpose  of  founding,  "  at  Washington,  under  the 
name  of  the  Smithsonian  Institution,  an  establishment  for  the 
increase  and  diffusion  of  knowledge  among  men."  This  dona- 
tion, amounting  to  about  half  a  million  of  dollars,  has  been 
duly  received,  and  is  now  in  the  possession  of  the  United 
States,  awaiting  the  action  of  the  Government  to  carry  into 
effect  the  magnanimous  design  of  the  testator;  and  as  every 
citizen  of  this  Republic  is  interested  in  the  appropriate  use, 
and  faithful  management,  of  the  bequest,  I  propose  to  in- 
vite your  attention,  for  a  few  moments,  to  some  remarks 
and  suggestions,  which  have  occurred  to  me,  in  relation  to 
the  contemplated  establishment.  The  "  increase  and  diffu- 
sion of  knowledge,"  I  may  observe,  was  the  single  and 
laudable  motive  which  gave  origin  to  our  own  humble 
institution — and  is  the  object  which  alone  prompts  its 
efforts  to  be  an  useful  auxiliary  to  inquiring  minds.  Such 
is  ,also,  the  purpose  of  various  other  kindred  associations 
in  our  land.  But  such  an  object  should  not  be  left  to  the 
scanty  means  of  local  societies  and  public-spirited  individ- 
uals. It  claims  the  fostering  care  of  a  Nation.  And  I  trust 
it  will  not  be  deemed  impertinent,  or  foreign  to  this  occa- 
sion, to  present  a  few  considerations  on  the  most  eligible 

901 


902       PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 


mode  of  establishing  the  Smithsonian  Institution,  and  of  so 
conducting  it  as  to  make  it  what  the  generous  founder  in- 
tended— a  national  benefaction. 

Various  suggestions  have  been  thrown  out  as  to  the  kind 
of  institution  which  would  be  most  appropriate  for  accom- 
plishing the  object  of  the  donor.  But  the  public  mind  does 
not  seem  to  be  settled  upon  any  definite  proposition.  Some 
have  recommended  a  National  Seminary,  in  which  the  usual 
branches  of  school  learning  should  be  taught  gratis,  or  at  a 
cheap  rate;  others  have  proposed  the  erection  of  an  Observa- 
tory, for  celestial  operations,  by  means  of  which  we  might 
contribute  our  just  quota  of  astronomical  information  to  the 
great  community  of  civilized  nations,  &c.  None  of  these, 
however,  appears  to  me  fully  to  embrace  the  object  contem- 
plated. Our  country  already  abounds  in  universities,  col- 
leges, and  other  high  seminaries — many  more,  indeed,  than 
are  adequately  supported — in  which  the  various  branches  of 
Science  and  Literature  are  ably  taught;  and  the  establish- 
ment of  an  additional  one,  at  Washington,  would  only  be  to 
build  up  a  new  rival,  and  thereby  to  augment  the  existing 
redundancy.  It  would  probably  weaken  other  similar  insti- 
tutions, and  therefore  tend  but  little,  in  fact,  to  the  "increase 
and  diffusion  of  knowledge  among  men."  Besides,  it  would 
necessarily  be  limited  and  partial  in  its  operations,  and  con- 
sequently become  a  source  of  dissatisfaction  among  those 
who  were  excluded.  We  see  this  objection  exemplified, 
every  day,  in  the  envious  and  narrow-minded  assaults  upon 
that  noble  institution,  the  United  States  Military  Academy. 

The  establishment  of  a  national  observatory  would  indeed 
be  a  commendable  and  useful  measure.  It  is  one  of  those 
institutions  which  every  nation,  with  an  extensive  maritime 
commerce,  ought  to  possess  for  its  own  sake,  and  which  is 
due,  as  a  contribution  to  Science,  from  every  Government 
that  aspires  to  an  equal  rank  with  the  rest  of  the  civilized 
world.  But,  as  the  immediate  and  palpable  benefits  of  an 
observatory  inure  mainly  to  the  commercial  and  military 
marine,  it  seems  to  come  especially  within  the  province,  and 
to  be  the  duty,  of  Congress,  to  provide  such  an  establishment 
at  the  proper  cost  of  the  country.  It  appears  to  me  to  come 
distinctly  under  the  same  constitutional  provision,  for  the 
protection  and  regulation  of  commerce,  which  authorizes 
the  construction  of  buoys,  breakwaters  and  light-houses; 
and  this  opinion  has  been  sanctioned  by  one  of  the  most 
learned  and  eminent  of  our  statesmen,  who,  in  urging  the 
erection  of  an  astronomical  observatory,  applies  to  those 
institutions  the  figurative  but  appropriate  appellation  of 


PROPOSED   APPLICATIONS    OF   SMITHSON'S    BEQUEST.       903 

"light-houses  of  the  skies."  This  being  the  case,  all  the  du- 
ties prescribed  by  the  Constitution,  and  coming  clearly 
within  the  province  of  Congress,  should  be  left  to  that  body 
to  perform,  in  its  own  good  time,  with  the  means  derived 
from  the  public  revenues;  while  the  appropriation  of  a  be- 
quest, like  that  now  under  consideration,  should  be  made  to 
some  worthy  national  object,  for  which  the  rigid  construers 
of  the  organic  law  may  dispute  the  competency  of  the  legis- 
lature to  provide.  It  is  well  known  that  we  have  a  class  of 
statesmen,  so  called,  whose  minds  are  of  so  subtle  and  dis- 
putatious a  cast,  that  no  public  measure,  however  valuable 
and  desirable,  can  receive  their  support,  unless  it  be  ex- 
pressly provided  for  in  the  Constitution,  and  even  then  they 
are  always  ready  and  prone  to  raise  objections  to  any  details 
of  a  liberal  tendency.  They  have  been  so  thoroughly  dis- 
ciplined in  the  school  of  "strict  construction,"  and  are  so 
"profoundly  skilled  in  analytic,"  that,  like  Sir  Hudibras, 
they  can 

"distinguish  and  divide 

u  A  hair  'twixt  south  and  southwest  side  " — 

and  no  direct  proposition  can  be  started,  for  the  generous 
purpose  of  improving  our  moral  and  intellectual  character, 
as  a  people,  which  does  not  encounter  the  most  inveterate 
cavilling.  Hence  it  is,  that  I  am  for  embracing  the  golden 
opportunity — which  now  presents  itself  divested  of  all  these 
metaphysical  difficulties — to  establish  at  the  seat  of  the 
General  Government  an  institution  for  the  "  increase  arid 
diffusion "  of  a  kind  of  knowledge  which  is  of  undoubted 
advantage,  and  should  be  freely  communicated,  to  all  men. 
I  mean  a  liberal  and  comprehensive  knowledge  of  the  mate- 
rial world — a  just  conception  of  the  productions  of  nature, 
and  a  general  acquaintance  with  the  useful  works  of  art. 
It  will  scarcely  be  denied,  that  an  adequate  knowledge  of 
this  description  would  benefit  every  man  that  lives.  It 
would  enable  every  one — no  matter  what  may  be  his  par- 
ticular vocation — better  to  understand  and  appreciate  his 
position  in  this  complicated  scene  of  action,  better  to  com- 
prehend the  means  at  his  disposal  for  the  promotion  of  his 
welfare ;  and,  moreover,  to  avail  himself,  on  the  easiest 
possible  terms,  of  the  skill  and  experience  which  have  been 
slowly  and  painfully  acquired  by  others. 

In  pursuance  of  this  object  1  would  appropriate,  in  per- 
petuity, the  income  of  the  Smithsonian  bequest  to  the  estab- 
lishment and  maintenance  of  an  institution  at  the  city  of 
Washington,  the  duty  and  business  of  which  should  be  to 
procure  from  every  region  of  the  globe,  as  opportunity 


^04       PROPOSED    APPLICATIONS    OF   SMITHSON's    BEQUEST. 

offered,  perfect  specimens  of  every  production  of  Nature, 
and  intelligible  models  of  all  the  useful  implements  or  ap- 
paratus contrived  by  tbe  ingenuity  of  Art,  which  specimens 
and  models  should  be  arranged  and  preserved  expressly  for 
the  public  instruction.  I  believe  that  such  an  establishment, 
properly  conducted,  and  of  ready  access  to  all  who  desire 
to  profit  by  it,  would  contribute  more  towards  "the  increase- 
and  diffusion  of  knowledge  among  men"  than  an  other  in- 
stitution which  could  be  devised;  and  the  means  being  thus 
provided  by  the  free  gift  of  a  generous  stranger,  I  do  not 
perceive  how  any  constitutional  phantom  could  be  conjured 
up  to  thwart  the  design  by  the  most  transcendental  "  Ab- 
stractionist" that  ever  emanated  from  the  "Ancient  Do- 
minion." 

Being  relieved  from  such  obstacles — which,  though  origi- 
nating in  the  imagination,  are  by  no  means  imaginary,  as  all 
will  admit  who  have  had  any  experience  in  national  legisla- 
tion— our  proposed  institution  would  be  enabled  to  com- 
mence its  career  under  the  happiest  auspices.  Being  the 
common  property  of  all,  presenting  nothing  but  attractions 
and  involving  no  sinister  interests,  it  would  conciliate  tin- 
affections  and  speedily  become  the  petted  favorite  of  the 
whole  people.  Unlike  some  of  our  ill-favored  and  mis- 
chievous political  pets,  it  would  stir  up  no  unseemly  jealousies 
and  strifes,  but  would  present  a  charming  neutral  ground, 
where  all  generous  spirits  could  meet  in  harmony  and  good 
humor,  and  find  a  temporary  refuge  from  the  eternal  bicker- 
ings of  Party. 

What  a  gratifying  spectacle  to  see  an  institution  such  as 
may  now  be  established,  devoted  to  the  pure  purposes  of  in- 
tellectual improvement,  uniting  all  hearts  in  its  support,  and 
impartially  diffusing  its  benign  influences  throughout  the 
length  and  breadth  of  this  mighty  Republic !  And  why 
should  we  not  have  such  an  establishment?  Nearly  every 
crowned  head  in  the  civilized  world  has  taken  care  to  found 
such  noble  institutions,  and  to  render  them  the  delight  of 
his  subjects  and  the  ornaments  of  his  realm.  Like  the  floral 
beauties  which  cluster  upon  the  walls  of  some  antiquated 
castles,  they  serve  at  once  to  disguise  and  decorate  the  un- 
couth structures  which  sustain  them.  Why,  then,  should 
not  the  classic  pillars  of  Our  Republican  fabric  be  wreathed 
with  the  chaplets  of  Science  and  festooned  with  the  gar- 
lands of  Taste?  Are  the  vassals  of  every  despotism  entitled 
to  the  gratifications  to  be  derived  from  the  means  of  knowl- 
edge and  the  congregated  beauties  of  Nature,  and  are  the 
free  citizens  of  a  Republic  alone  to  be  excluded  from  such 


PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST.       905 

rational  enjoyments?  Must  we  all,  and  forever,  in  this 
glorious  field  for  human  improvement,  be  tied  down  by 
"  strict  construction  "  to  the  groveling,  sordid  cares  of  mere 
pecuniary  concerns,  or,  at  most,  be  indulged  with  a  periodical 
scramble  for  the  "  spoils  "  of  partisan  victory  ? 

In  my  humble  opinion,  those  who  are  worthy  of  the  name 
of  freemen — intellectual  freemen— should  have  some  other, 
some  loftier  object,  (by  intervals,  at  least,)  than  the  everlasting 
consideration  of  the  merits  and  capabilities  of  the  "almighty 
dollar;  "  and  while  I  fully  assent  to  the  maxim  that  unceas- 
ing vigilance  over  the  conduct  of  rulers  and  political  leaders 
is  "the  condition  on  which  we  hold  our  liberties,  I  neverthe- 
less believe  we  may  occasionally  venture  to  relax  the  tension 
of  party  strife,  and  allow  our  minds  a  brief  indulgence  in 
the  more  amiable  recreations  of  Literature  and  Science. 

But  I  hold  it  as  an  unquestionable  truth  that  a  National 
Institution,  such  as  has  been  suggested,  would  possess  the 
twofold  merit  of  promoting  intellectual  advancement  and 
ministering  to  the  improvement  of  our  physical  condition. 
Its  location  has  been  judiciously  fixed  by  the  testator  at  the 
seat  of  the  General  Government — the  attractive  center  of 
all  our  national  concerns,  and  enjoying  a  happy  medium  in 
reference  to  climate  and  geographical  position.  Let  there, 
then,  be  established  at  the  city  of  Washington  an  ample 
Botanic  Garden,  adapted  to  the  cultivation  of  all  the  interest- 
ing and  valuable  species  of  vegetable  creation,  so  that  we 
may  become  practically  acquainted  with  all  the  plants  which 
are  useful  to  man,  and  ascertain  how  many,  and  which  of 
them,  are  worthy  and  susceptible  of  being  introduced  into 
the  culture  of  the  various  districts  of  our  Union.  The  im- 
portance of  this  to  agriculture — the  great  and  deservedly 
prominent  interest  of  our  country — must  be  obvious  on  the 
bare  suggestion.  It  would,  moreover,  insure  success,  and 
give  an  abiding  interest  to  the  noble  project  now  in  agita- 
tion of  forming  a  National  Society  for  the  promotion  of  agri- 
culture. It  would  afford  the  ready  means  for  judicious  ex- 
periments in  vegetable  culture,  and  aid  in  sifting  all  useful 
facts  from  the  chaffy  mass  of  idle  theory,  prejudice,  and 
delusion.  In  short,  it  may  be  made  the  instrument  for  col- 
lecting the  scattered  rays  of  agricultural  knowledge,  as  it 
were,  to  a  focus,  and  thence  directing  them  with  a  concen- 
trated light  and  a  genial  warmth  to  every  department  of 
that  interesting  practical  science. 

Within  the  boundaries  of  this  national  garden  should  be 
an  appropriate  receptacle,  or  museum,  for  the  preservation 
and  systematic  arrangement  of  all  specimens  in  Natural 


906   PROPOSED  APPLICATIONS  OF  SMITHSON  S  BEQUEST. 

History,  illustrating  as  well  the  geological  structure  of  our 
planet  as  the  character  of  the  materials  which  form  its  crust, 
and  of  the  organized  beings  which  inhabit  its  surface. 

It  should  be  made  the  duty — as  I  am  sure  it  would  be  the 
pleasure  and  the  pride — of  every  officer  in  the  naval  and 
military  service,  to  embrace  all  opportunities  for  adding  to 
the  riches  of  this  national  treasury  of  knowledge.  Tin- 
revenues  from  these  sources  would  soon  exceed  any  estimate 
which  could  now  be  made,  while  the  cost  of  collection  would 
be  altogether  nominal ;  and  although,  as  politicians,  we  may 
quarrel  and  contend  about  ^Jiscalities"  and  "sub-trea* •///•/, .v." 
I  am  confident  that,  as  lovers  of  nature  and  true1  national 
glory,  we  should  cordially  unite  in  making  every  officer  and 
public  agent  a  sab-treasurer  for  the  generous  purposes  of  this 
institution.  The  collections  already  made  and  forwarded 
to  Washington  by  the  glorious  expedition  now  exploring 
the  southern  hemisphere  will  form  an  appropriate  nucleus 
or  foundation  for  the  establishment,  and  the  expected  addi- 
tions from  the  same  source  will  no  doubt  greatly  enhance 
its  value.  With  these  rich  materials — the  fruits  of  an  enter- 
prise which  will  reflect  honor  upon  our  Government  to  tin- 
latest  generation — we  may  safely  commence  the  institution 
bequeathed  to  us  "  for  the  increase  and  diffusion  of  knowledge 
among  men." 

To  the  means  thus  briefly  indicated  for  promoting  n 
knowledge  of  those  natural  productions  which  have  been 
placed  at  our  disposal  by  a  beneficent  Creator  I  would  have 
annexed,  as  already  mentioned,  a  department  for  the  collec- 
tion and  exhibition  of  all  the  useful  implements  and  ma- 
chinery which  have  been  contrived  by  art  for  aiding  the 
operations  and  improving  the  condition  of  the  human  race; 
and  this  desirable  appendage,  as  every  one  knows,  is,  to  a 
great  extent,  already  prepared  to  our  hands  in  the  ad rni ru- 
ble establishment  for  the  preservation  of  models,  which  are 
required  to  be  deposited  on  the  issue  of  letters- f>atent  for  new 
inventions.  This  department  might  be  conveniently  and 
most  appropriately  made  a  branch  of  the  proposed  institu- 
tion. 

With  these  combined  advantages,  and  the  requisite  addi- 
tions being  supplied  as  opportunity  ottered,  we  should  soon 
possess  the  means  of  acquiring  a  competent  knowledge  of 
all  that  exists  in  nature  or  has  been  produced  by  art,  and 
that  I  should  call  a  genuine  '-establishment  for  the  increase 
and  Diffusion  of  knowledge  among  men."  While  our  local 
seminaries  would  be  appropriately  engaged  in  imparting" 
languages,  rules,  and  other  instruments  of  mental  culture, 


PROPOSED    APPLICATIONS    OF    SMITHSON  S    BEQUEST.        9Q7 

laboring  at  the  various  subdivisions  and  branches  of  knowl- 
edge here,  at  the  common  center  of  the  Republic,  we  should 
have  the  entire  tree,  in  perennial  verdure,  accessible  to  all 
who  might  desire  to  participate  in  the  pleasures  and  benefits 
afforded  by  its  flowers  and  its  fruits.  Every  terrestial  object 
interesting  to  man  would  here  be  submitted  to  the  examina- 
tion of  his  senses,  and  rendered  intelligible  to  his  under- 
standing; and  every  citizen  whose  taste  or  talents  fitted  him 
for  the  acquisition,  instead  of  wandering  at  the  peril  of  life 
and  limb  in  the  pursuit,  would  here  find  the  elements  of 
knowledge,  drawn  from  every  region  of  the  globe,  and 
adapted  to  his  use,  in  the  very  bosom  of  his  native  land. 
And  this,  let  me  add,  is  in  my  opinion  the  true  method  for 
diffusing  knowledge  among  men.  Present  the  inducements, 
furnish  the  means,  point  out  the  way,  and  then  leave  the 
student  to  gain  the  prize  by  the  efforts  of  his  own  talents 
and  industry. 

The  ordinary  practice  of  attempting  to  force  indiscrimi- 
nately upon  the  minds  of  pupils  a  determinate  portion  of 
school  learning  is  something  like  the  process  of  drenching 
a  juvenile  patient  with  the  unpalatable  prescriptions  of  the 
doctor.  It  may  be  beneficial,  and  sometimes  indispensable, 
but  the  medicine  is  apt  to  be  rejected,  and  is  almost  inva- 
riably recollected  with  loathing.  Yet,  when  the  sufferer  has 
acquired  a  proper  sense  of  his  condition,  and  comprehends 
the  necessity  of  the  case,  he  seeks  a  rernedy  with  eagerness, 
and  applies  it  without  the  slightest  regard  to  any  unpleasant 
contingencies.  Instead,  then^  of  merely  adding  to  the  num- 
ber of  seminaries  for  the  indiscriminate  infliction  upon  the 
young  of  certain  prescribed  doses  of  learning,  I  would  estab- 
lish our  Smithsonian  Institution  as  a  great  national  warehouse 
of  knowledge,  where  everyone  might  find  something  suited 
to  his  wants,  and  to  which  he  could  freely  resort  whenever 
he  became  conscious  of  his  necessities. 

I  would,  however,  provide  one  or  more  suitable  persons, 
in  the  character  of  curators,  who  should  be  competent  to 
expound  the  principles  of  arrangement,  to  elucidate  what- 
ever might  be  obscure,  and,  generally,  to  facilitate  the  re- 
searches of  all  who  might  require  assistance.  More  ex- 
tensive or  direct  means  of  instruction,  if  found  expedient, 
could  at  any  time  be  provided. 

For  the  general  direction  and  management  of  the  estab- 
lishment there  is,  happily,  also  on  the  spot  an  organized 
body  of  the  most  respectable  character,  well  fitted,  and  no- 
doubt  cheerfully  prepared,  to  discharge  the  duty.  A  "Na- 
tional Institute  for  the  Promotion  of  Science"  has  been  recently 


908       PROPOSED   APPLICATIONS   OF   SMITHSON's   BEQUEST. 

established  at  Washington,  which  seems  to  be  expressly 
adapted  to  such  a  trust.  The  members  and  officers  are  of 
the  most  distinguished  residents  of  that  city,  and,  by  the 
constitution,  the 'Secretaries  of  the  War  and  Navy  Depart- 
ments are,  ex  officiis,  directors  of  the  institution.  There  is, 
then,  an  ample  provision  for  keeping  the  whole  concern  duly 
under  the  inspection  and  control  of  the  Government;  and 
being  in  its  nature  entirely  unconnected  with  mere  party  con- 
siderations, it  would  doubtless  become,  as  it  ought,  an  object 
of  generous  rivalry  with  successive  administrations,  oach 
striving  in  turn  to  excel  its  predecessors  in  promoting  the 
prosperity  and  extending  the  benefits  of  the  establishment. 

I  cannot  permit  myself  to  believe  there  would  be  any 
danger  of  its  ever  degenerating  into  an  object  of  mere  par- 
tisan cupidity,  or  being  converted  into  a  political  lair  by 
any  of  that  ravenous  tribe  who  instinctively  lie  in  wait  for 
the  offal  of  Government  patronage.  Such  a  desecration 
would  shock  the  national  sense  of  decorum,  and  would  be 
scarcely  less  repugnant  to  the  habits  of  the  strange  incumbent 
himself.  Who  ever  heard  of  a  professional  office-hunter— 
a  regular  mouser  for  party  favors — taking  an  interest  in 
the  beauties  of  Creation,  or  co-operating  in  the  promotion 
of  Science?  The  idea  is  preposterous.  His  nature  would 
revolt  at  such  a  position.  The  very  atmosphere  of  the  plaee 
would  be  unsuited  to  his  respiration,  and  every  influence 
within  its  boundaries  would  combine  to  expel  him  from  the 
consecrated  ground.  Or,  if  by  some  miraculous  develop- 
ment, a  taste  for  liberal  pursuits  should  chance  to  be  awak- 
ened in  such  an  incumbent,  we  should  see  a  metamorphosis 
as  salutary  as  it  would  be  rare,  and  thus  the  institution 
would  still  be  safe. 

In  every  event,  I  believe  it  would  prove  a  most  valuable 
auxiliary  in  diffusing  useful  knowledge — expanding  the 
minds,  humanizing  the  dispositions,  and  refining  the  tastes 
of  our  people — and  consequently  elevating  the  national 
character  to  that  high  standard  of  civilization  which  be- 
comes a  great  and  enlightened  Republic. 

I  have  thus,  hastily  and  briefly,  adverted  to  a  few  of  the 
considerations  which  induce  me  to  believe  that  a  NATIONAL 
MUSEUM  AND  BOTANIC  GARDEN,  built  up  and  sustained  by 
the  Smithsonian  Bequest,  and  dedicated  to  the  instruction  of 
the  American  people,  would  not  only  be  a  legitimate  object 
for  the  appropriation  of  that  fund,  but  would  practically  do 
more  towards  the  "increase  and  diffusion  of  knowledge 
among  men"  than  any  other  institution  which  has  yet  been 
suggested.  The  benefits  resulting  from  it  would  be  more 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.       9091 

numerous,  more  palpable,  more  accessible — and  therefore 
more  generally  enjoyed  by  the  nation  at  large — than  those 
of  any  other  single  establishment.  If  this  be  true,  should 
we  not  unite,  as  with  one  voice,  in  urging  the  accomplish- 
ment of  so  noble  a  design?  And  may  we  not  indulge  the 
hope  that  our  public  servants — who  profess  such  eagerness 
to  gratify  the  wishes  of  their  constituents — would  promptly 
respond  to  so  reasonable  a  request  ?  To  doubt  their  compli- 
ance with  such  a  manifestation  of  the  sovereign  will  would 
be  treason  against  the  very  theory  of  our  Government.  I 
shall  be  guilty  of  no  such  political  heresy.  I  shall  antici- 
pate no  such  contumacious  neglect  of  representative  duty; 
but  will  look  forward  with  confidence  to  the  day,  when  the 
citizens  of  this  Republic  shall  possess  all  the  means,  and 
enjoy  all  the  advantages,  of  intellectual  culture  which  have 
been  hitherto  monopolized  by  the  subjects  of  European 
monarchies. 

Let  us,  then,  never  falter  in  our  efforts,  nor  halt  for  an 
instant  in  our  career  of  improvement,  until  our  temples  of 
Science  shall  vie  with  the  noblest  of  those  beyond  the 
Atlantic.  And  while  the  Frenchman  justly  glories  in  the 
Jardin  des  Plantes — while  the  Briton  boasts,  with  reason,  of 
the  Royal  Garden  at  Kew — and  even  the  Russian,  in  his 
frozen  clime,  is  warmed  into  admiration  by  the  Imperial 
Conservatory  of  the  Czars — let  American  freemen,  in  their 
turn,  be  enabled  to  point,  with  patriotic  pride,  to  a  National 
Institution,  of  no  less  beauty  and  value,  at  the  Metropolis  of 
their  own  favored  land. 


910       PROPOSED   APPLICATIONS   OF    SMITHSON's    BEQUEST. 


AN  ADDRESS  ON  THE  DUTIES  OF  GOVERNMENT, 

In  reference  chiefly  to  Public  Instruction,  with  the  Outlines  of  a  Plan  for 
the  Application  of  the  Smithsonian  Fund  to  that  Object, 

BY  RKV.  WILLIAM  BARLOW. 

Delivered,  in  substance,  before    the    American  Institute,  in  the  Lyceum  of 
Natural  History,  in  New  York  City,  February  10, 1847.* 


GENTLEMEN  OP  THE  AMERICAN  INSTITUTE: 

The  main  object  of  the  discourse  which  I  am  now  to  de- 
liver is  to  lay  before  you  the  outlines  of  a  PLAN  of  a  Smith- 
sonian Institution  "for  the  increase  and  diffusion  of  knowledge 
among  men"  in  conformity  to  the  WILL  of  the  late  JAMES 
SMITHSON,  of  England,  by  whom  a  fund  for  that  purpose 
has  been  bequeathed  to  these  United  States. 

Preliminary,  however,  to  the  main  design,  I  beg  leave  to 
submit  a  few  thoughts  on  the  great  ends  of  government, 
and  its  duties  in  regard  to  public  instruction.  The  theme 
deserves  our  fixed  attention;  for,  where  the  sovereignty  is 
vested  in  the  people,  and  the  legislator  is  the  mere  exponent 
of  the  popular  will,  constitutional  liberty  and  social  well- 
being  must  depend  mainly  on  the  intelligence  and  virtue  of 
the  constituency.  * 

The  terms  of  the  will  must  determine  the  character  of 
the  institution;  and,  brief  as  they  are,  they  seem  to  be  suffi- 
ciently explicit  to  show  what  were  the  wishes. and  intentions 
of  Mr.  Smithson. 

First.  It  is  evident,  I  think,  that  he  contemplated  the 
founding  of  an  INSTITUTION  sui  generis — different  from  any 
existing  university,  college,  library,  museum,  or  gallery  of 
art.  Had  he  intended  any  one  of  these  he  would  have  said 
so,  without  any  circumlocution. 

Secondly.  By  "MEN"  he  undoubtedly  meant  all  mm,  but 
especially  all  citizens  of  the  United  States — the  masses  of 
men,  the  comparatively  neglected  millions,  as  distinguished  from 
the  privikged  classes.  Having  in  view  the  benefit  of  the  people, 
he  selected  this  country  as  his  heir,  naturally  supposing  that 
a  popular  government  would  discharge  the  trust  in  good 
faith  for  the  advantage  of  its  constituency. 

Thirdly.  By  "  THE  INCREASE  AND  DIFFUSION  OF  KNOWLEDGE  " 
I  suppose  he  meant,  not  so  much  the  increase  of  the  sum 

•New  York.    Printed  by  B.  R.  Barton.    1847. 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        9H 

of  human  knowledge  by  new  discoveries  in  science,  as  the 
wider  diffusion  of  that  which  is  already  in  possession  of  the 
race — the  increase  of  knowledge  among  the  millions  by  diffusion, 
the  increase  of  the  millions  who  know.  He  did  not  design  to 
put  men  upon  the  search  of  undiscovered  truths,  to  augment 
the  scientific  stores  of  some  future  Newton,  Porson,  or  La 
Place,  but  to  call  into  existence  a  system  of  expedients  to 
spread  knowledge  and  equalize  its  advantages. 

Fourthly.  By  the  "KNOWLEDGE"  to  be  diffused  he  must 
have  intended,  not  the  simple  elements  taught  in  primary 
schools;  not  the  recondite  lore  of  the  higher  seminaries, 
for  which  the  millions  have  no  leisure;  not  the  dogmata  of 
theology,  which  it  is  the  business  of  the  Church  to  teach,  but 
secular  knowledge,  adapted  to  the  continued  education  of  manhood, 
suited  to  the  wants  of  the  millions  and  not  otherwise  adequately 
•provided  f 01 — knowledge  touching  their  BUSINESS,  their  INTERESTS, 
their  SOCIAL  DUTIES  and  POLITICAL  RIGHTS. 

On  all  these  points  gentlemen  have  fallen  into  error.  The 
word  institution  seems  to  call  up  in  their  minds  all  the  insti- 
tutions of  civilization  where  knowledge  is  to  be  acquired, 
and  the  new  desideratum  they  propose  to  form  by  combining 
them  together.  Instead  of  planning  an  institution  for  the 
benefit  of  the  millions,  they  devise  one  for  the  benefit  of  the 
graduates  of  colleges,  members  of  Congress,  and  gentlemen 
of  leisure.  Instead  of  diffusing  knowledge,  they  concen- 
trate it  at  Washington. 

The  main  object  of  Mr.  Srnithson  must  have  been  the 
diffusion  of  truth.  An  institution  for  the  discovery  of  new 
truths,  and  one  for  the  diffusion  of  old  ones,  must  of  necessity 
differ  widely  in  their  plan  and  details.  He  said  nothing  of 
two  distinct  institutions,  but  of  one  only.  If  he  intended 
the  first,  he  must  have  been  insane.  An  institution  incor- 
porated at  Washington  to  make  scientific  discoveries,  or  to 
pick  up  diamonds  on  the  Rocky  Mountains,  would  be  an 
absurdity.  Men  do  not  find  planets  or  diamonds  because 
they  are  incorporated  for  that  purpose.  But  an  institution 
for  "the  diffusion  of  knowledge  among  men"  has  a  definite 
and  practicable  object,  fraught  with  certain  and  substantial 
benefits  to  mankind,  and  the  conception  of  such  a  scheme 
evinces  both  the  wisdom  and  philanthropy  of  the  testator. 

But  allowing  that  the  increase  of  the  sum  of  human 
knowledge  was  intended  by  him,  I  think  he  would  not  have 
advised  the  appointment  of  half  a  dozen  men  to  take  their 
daily  rounds  through  a  library  of  500,000  volumes,  a  garden 
of  500,000  plants,  and  a  cabinet  of  500,000  curiosities,  as 
the  means  of  attaining  that  object.  The  most  direct  way 


912        PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

to  increase  the  aggregate  of  human  knowledge  would  be  to 
diffuse  what  we  have  among  the  masses.  This  would  be 
the  "open  sesa'tne!"  the  talismanic  word  which  would  un- 
lock the  hidden  chambers  of  science.  Instead  of  putting 
ten  men  into  snug  sinecures,  the  true  method  would  be  to 
put  ten  millions  of  men  upon  the  search  of  truth,  when  it 
might  happen  that  the  immortal  discoverers  would  come 
forth  from  some  obscure  cabin  on  the  Aroostook,  or  some 
remote  cottage  of  the  prairie.  Discoveries  must  be  left  to 
timei  to  chance,  to  the  researches  of  the  solitary  student, 
to  men  whom  God  shall  inspire  with  the  spirit  of  excellent 
wisdom.  But  the  seed  of  scientific  discovery  is  diffused  knowledge. 
This  should  be  sown  broadcast  among  the  masses.  This  was 
the  object  of  Mr.  Smithson — "  To  increase  and  diffuse  knowl- 
edge among  men." 

Of  the  various  plans  which  have  been  suggested,  that  of 
the  Hon.  Richard  Rush,  addressed  to  President  Van  Buren, 
is  the  most  remarkable.  He  advisc'd  tin-  appointment,  by 
the  President  arid  heads  of  Departments,  &c.,  of  as  many 
lecturers  as  the  funds  would  bear,  whose  duty  it  should  be 
to  "illustrate  the  democratic  principle  in  elementary  dis- 
quisitions," &c.,  which  were  then  to  be  submitted  to  the 
President,  and  if  approved  by  him,  published.  He  preg- 
nantly remarks:  "If  knowledge  is  power,  power  directing 
knowledge  may  make  it  efficacious;"  and  he  sagely  augurs 
that  "the  desire  of  fame,  increased  by  the  hope  of  their 
lectures  being  published,  might  be  expected  to  stimulate 
them  to  exertion;  and  if  incentives  so  high  were  wanting, 
the  tenure  of  their  appointments,  where  the  Executive  and  the 
public  eye  would  be  upon  them,  would  act  as  a  guard  against 
any  slackness  in  their  duties."  This  scheme  embraced  other 
and  better  features,  but  this  was  its  most  prominent  one. 
The  adoption  of  this  bad  plan  would  have  made  the  bequest 
a  corruption  fund,  arid  its  lecturers  a  corps  of  Executive 
sycophants  and  political  hacks.  I  mention  it  merely  to  show 
what  projects  politicians  are  capable  of  conceiving,  and  to 
what  base  purposes  this  sacred  bequest  may  be  perverted  if 
it  be  not  vigilantly  guarded. 

Doctors  Cooper,  Chapin,  and  Wayland  concur  in  recom- 
mending a  kind  of  university.  Dr.  Cooper  would  open  it 
only  to  the  graduates  of  colleges.  Dr.  Chapin  would  have 
a  few  chairs  filled  with  "professors  of  the -first  powers  and 
attainments;"  of  which  few  chairs  he  specifies  only  ten. 
Dr.  Wayland  would  have  its  course  of  studies  commence 
where  the  studies  of  our  colleges  and  West  Point  school 
end.  To  this  plan,  in  all  its  unimportant  varieties,  we  object 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.       913 

that  the  professorships  in  such  an  institution  in  the  city  of 
Washington  would  be  sinecures,  and  its  halls  solitudes. 
Life,  in  America,  is  thought  to  be  too  short  to  admit  of  a 
university  course  between  the  collegiate  and  professional 
studies.  It  would  be  the  most  thoroughly  exclusive  and  aristo- 
cratic institution  of  learning  in  the  world.  None  but  the  opulent 
and  the  learned  would  enjoy  its  advantages;  whereas  this 
legacy  was  not  intended  for  the  exclusive  benefit  of  an  aris- 
tocracy of  wealth  and  learning,  but  of  the  comparatively 
uneducated  masses — "  To  increase  and  diffuse  knowledge 
among  men." 

The  Hon.  John  Q.  Adams  repudiated  the  plan  of  endow- 
ing a  school  of  any  sort,  because  the  American  people  are 
sacredly  bound,  he  says,  to  provide  for  education  at  their 
own  expense,  and  ought  not  to  be  indebted  for  such  a  pro- 
vision to  the  eleemosynary  donation  of  a  foreigner;  and  yet 
Mr.  Adams  advised  the  erection  of  an  astronomical  observa- 
tory, the  appointment  of  an  astronomer,  assistants,  and  at- 
tendants, and  the  publication  of  a  nautical  almanac.  This 
application  of  the  fund  is  clearly  open  to  his  own  objection, 
that  the  Government  should  furnish  such  an  institution  at 
its  own  charge.  It  is  open  to  the  still  more  fatal  objection, 
that  it  would  be  a  violation  of  the  national  faith.  Mr.  Smith- 
son  could  not  have  contemplated  any  such  use  of  his  money. 
He  was  thinking  of  men,  not  of  the  planets;  and  designed  to 
diffuse  among  them  something  more  than  nautical  almanacs. 
All  knowledge,  it  is  true,  benefits  man;  and  he  that  counts 
the  stars,  and  he  that  counts  the  spawn  of  the  cod,  adds  some- 
thing to  the  common  stock;  but  neither  the  one  nor  the 
other  was  the  thing  intended  by  Mr.  Smithson.  Fortunately, 
this  plan  has  been  superseded  by  the  erection  of  an  astro- 
nomical observatory  at  the  public  expense — a  bill  for  that 
purpose  having  been  smuggled  through  Congress  under  the 
pretense  of  erecting  a  building  to  keep  maps  in. 

The  Hon.  Mr.  Tappan  proposed  a  botanical  garden,  like 
the  Jardin  des  Plantes,  in  Paris;  agricultural  experiments 
on  a  farm  to  be  provided  for  that  purpose;  conservatories, 
chemical  laboratory,  cabinets  of  natural  history;  lectures, 
somewhat  on  the  plan  of  Mr.  Rush,  for  the  benefit  of  mem- 
bers of  Congress  with  their  families;  members  of  the  Gov- 
ernment with  their's;  inhabitants  of  the  city,  and  strangers 
visiting  it.  A  library  was  to  be  created,  at  the  expense  of 
$5,000  per  annum;  and,  finally,  an  establishment  for  print- 
ing scientific  treatises,  tracts,  &c.  This  scheme  would  have 
produced  a  college  without  students;  professors  to  teach 
members  of  Congress  gratis;  a  flower  garden  to  supply 
58 


914       PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

bouquets  for  the  ladies,  and  "elegant  tenements"  for  the 
hangers-on  of  the  party  in  power.  All  very  good  things  in 
their  way,  but  not  the  things  intended  by  Mr.  Smithson. 
The  redeeming  feature  of  this  plan  was  the  establishment 
for  printing.  "l  apprehend,  however,  that  it  would  have 
proved  merely  a  large  leak  to  let  oft'  surplus  funds.  How 
the  treatises  were  to  be  disposed  of  I  am  not  informed— 
probably  as  gratuities  to  members  of  Congress  and  their 
friends.  Such  a  splendid  group  of  establishments  would 
have  exhausted  the  entire  funds  of  the  institution  at  the 
outset.  They  would  have  served  to  garnish  "the  city  of 
magnificent  distances"  so  long  as  they  were  supported  from 
the  national  treasury,  but  would  have  reflected  but  little 
light  upon  the  minds  of  the  millions  beyond  its  suburbs. 

The  Hon.  Mr.  Choate  proposed  to  amend  the  scheme  of 
Mr.  Tappan,  by  appropriating  to  the  library  $20,000  per 
annum,  for  twenty-five  years.  He  retained  all  the  <>t lid- 
features  of  the  plan,  excepting  that  lie  restricted  the  lectures 
to  the  winter,  and  the  publications  to  the  lectures  delivered. 
The  nation  might  welfbe  proud  of  such  a  library.  With  a 
little  economy  in  the  distribution  of  the  spoils,  twice  the 
amount,  possibly,  might  be  saved  from  the  treasury.  The 
Government  would  do  well  to  found  such  a  library;  if  for 
no  other  purpose,  to  aid  the  researches  of  our  Presc-otts, 
Irvings,  and  Sparks.  But  this  should  be  done  with  its  own 
money — not  with  this  trust  fund.  To  imprison  knowledge 
in  500,000  volumes  of  gilded  calf,  and  lock  it  up  behind 
doors  of  glass  and  mahogany,  would  be  a  urand  affair — a 
splendid  thing  for  members  of  Congress  to  look  upon.  But 
if  it  were  created  by  the  Smithsonian  fund,  it  would  be  a 
magnificent  violation  of  the  national  faith!  .  Mr.  Smithson 
gave  his  money  in  trust,  to  increase  and  diffuse  knowledge 
among  men — not  to  stow  it  away  on  shelves  of  deal,  inac- 
cessible to  all  but  the  keeper  and  the  moth ;  at  any  rate, 
wholly  and  forever  inaccessible  to  the  millions.  So  far  from 
carrying  out  the  design  of  Mr.  Smithson,  it  reverses  it;  and 
instead  of  diffusing  knowledge,  concentrates  it  at  Washing- 
ton, where  there  is  already  one  of  the  largest  libraries  in  the 
Union. 

The  bill  of  the  Hon.  Mr.  Owen  provided  for  lectureships 
on  agriculture  and  chemistry;  for  the  extensive  use  of  the 
press,  in  the  diffusion  of  knowledge;  and  for  a  normal 
school,  for  the  education  of  teachers.  The  peculiar  feature 
of  this  bill,  the  normal  school,  would,  I  apprehend,  differ 
from  the  institution  recommended  by  Doctors  Chapin  and 
Wayland,  as  being  inferior;  and  from  a  hundred  academies 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        915 

already  established,  as  being  more  inaccessible.  Such  insti- 
tutions should  be  founded  where  living  is  cheap.  Wash- 
ington would  be  the  most  unfavorable  locality  in  the  Union. 
The  few  who  could  afford  the  expense  of  a  school  there, 
would  be  apt  to  prefer  some  college,  where  proficiency 
might  obtain  at  least  the  reward  of  a  diploma.  Mr.  Owen's 
plan  for  employing  the  press,  was  probably  the  nearest  ap- 
proach to  the  great  desideratum  which  had  been  made. 
But  here  everything  would  depend  upon  the  mode  of  dis- 
tribution. His  plan,  as  a  whole,  appears  to  me  to  have 
embraced  too  many  objects  for  the  fund  to  bear,  and  ma- 
chinery too  much  complicated  to  run  well.  In  both  these 
respects,  however,  it  was  much  to  be  preferred  to  the  plans 
which  had  preceded  it.  It  bore  the  marks  of  intelligent 
thought,  practical  wisdom,  and  honest  patriotism;  but  it 
was  fated  to  be  superseded  by  a  piece  of  patchwork,  which, 
in  the  session  of  1845-46,  became  the  law  of  the  land. 

The  act  to  establish  the  " Smithsonian  Institution"  com- 
bines some  of  the  worst  features  of  the  preceding  plans, 
while  it  wants  their  redeeming  qualities.  It  provides  most 
amply  for  wasting  the  entire  income  of  the  fund  upon  an 
assemblage  of  distinct  establishments  under  that  name.  It 
creates  a  vast  and  complicated  piece  of  machinery,  which 
would  require  the  income  of  millions  to  keep  in  repair,  and 
which  would  seem  to  have  no  ultimate  object  external  to 
itself. 

The  first  section  constitutes  the  President  and  Vice- 
president  of  the  United  States,  the  Secretary  of  State,  the 
Secretary  of  the  Treasury,  the  Secretary  of  War,  the  Sec- 
retary of  the  Navy,  the  Postmaster-General,  the  Attorney- 
General,  the  Chief  Justice,  the  Commissioner  of  the  Patent 
Office,  and  the  Mayor  of  the  city  of  Washington,  during 
their  continuance  in  their  respective  offices,  "and  such  other 
persons  as  they  may  elect  honorary  members"  "  an  establishment 
by  the  name  of  the  Smithsonian  Institution,"  "to  have  per- 
petual succession,"  &c. 

No  limit  is  here  set  to  the  number  of  honorary  members. 
The  Cabinet  may  appoint  them  ad  libitum.  There  may  be 
ten  or  ten  hundred.  With  two  exceptions,  the  whole  body 
may  be  changed  with  every  change  of  the  Administration. 
No  duties  are  assigned  to  it  but  those  specified  in  the  8th 
section,  namely,  "to  hold  stated  and  special  meetings  for 
the  supervision  of  the  affairs  of  the  said  Institution,  and  the 
advice  and  instruction  of  the  said  Board  of  Regents."  As, 
however,  the  said  Board  of  Regents  is,  by  section  third, 
authorized  "to  conduct  the  business  of  the  Institution,"  it 


916       PROPOSED   APPLICATIONS   OF   SMITHSON's   BEQUEST. 

was  obviously  unnecessary  to  assign  any  other  than  nominal 
duties  to  the  nominal  institution. 

The  creation  of  this  nominal  institution,  though  utterly 
useless  as  regards  the  transaction  of  business,  is  a  matter  of 
grave  import  touching  the  funds.  If,  as  seems  to  have  been 
the  intention,  and  as  justice  itself  requires,  "the  members 
and  honorary  members  of  the  Smithsonian  Institution"  are 
to  be  entitled,  as  well  as  the  Board  of  Regents,  to  draw  upon 
the  funds  for  "their  necessary  travelling,  and  other  actual 
expenses,"  when  attending  at  "its  stated  and  special  meet- 
ings," revenues  may  be  required  for  the  "actual  expenses" 
of  an  exceeding  great  army  of  men,  "desiring  the  crumba 
which  fall  from  the  table."* 

The  third  section  confides  the  business  of  the  Institution 
to  a  "  Board  of  Regents,"  consisting  of  the  Vice- President  of 
the  United  States,  the  Chief  Justice  of  the  United  States,  and 
the  Mayor  of  the  city  of  Washington,  during  the  time  for 
which  they  shall  hold  their  respective  offices;  three  members 
of  the  Senate,  to  be  appointed  by  the  President  thereof:  three 
members  of  the  House  of  Representatives,  to  be  appointed  by 
the  Speaker  thereof;  and  six  other  persons,  to  bo  appointed 
by  joint  resolution  of  the  Senate  and  House  of  Representa- 
tives, fifteen  in  all.  Vacancies  to  be  filled  by  Congress  in 
the  Usual  manner. 

This  Board  of  Regents  constitutes,  in  fact,  a  dn^n-titc 
Smithsonian  Institution,  differing  from  the  first  as  being  the 
real,  while  the  other  is  only  the  nominal  Institution.  The 
organization  of  this  board,  like  the  other,  is  wholly  of  a 
party  character,  and  liable  to  constant  change.  The  prin- 
ciple of  rotation  in  office,  carried  into  the  institute,  will  de- 
prive its  officers  of  the  benefit  of  experience.  Its  offices  will 
be  so  many  places  added  to  Government  patronage,  and  its 
income  will  be  so  much  money  added  to  the  spoils  of  the 
victors. 

It  will  be  their  duty  to  hold  "  regular  and  special  meet- 
ings;" to  appoint  and  remove  subordinate  officers;  to  super- 
intend the  building;  to  audit  accounts  and  disburse  moneys; 
to  furnish  the  cabinets,  laboratory,  library,  and  gallery  of 
art;  to  make  exchanges  of  specimens;  and  report  their 
operations  to  Congress.  In  a  word,  to  manage  the  complex 
machinery  of  the  several  institutions  to  be  created  under  the 
name  of  the  "  Smithsonian  Institution."  Their  offices  will 
be  no  sinecures,  but  "  their  services  as  Regents  are  to  be- 
gratuitous."  As,  however,  most  of  these  fifteen  gentlemen 
may  be  called  from  distant  States  to  attend  to  their  duties, 
" the  travelling  and  other  actual  expenses"  may  absorb  no 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        917 

trifling  proportion  in  the  final  division  of  the  assets  of  the 
Institution. 

Section  five  provides  for  the  erection  of  a  building,  "with 
rooms  or  halls  for  the  reception  and  arrangement,  upon  a 
liberal  scale,"  of  the  following  distinct  institutions :  1.  A 
•"Museum  "  of  "  objects  of  natural  history,  including  a  geo- 
logical and  mineralogical  cabinet."  2.  A  "  Gallery  of  Art ," 
to  be  furnished,  probably,  with  statuary,  paintings,  engrav- 
ings, and  other  costly  things  in  that  line.  3.  A  Library,  to 
which  the  board  may  appropriate  "  not  exceeding  $25,000 
per  annum."  4.  A  "  Chemical  Laboratory"  with  the  furni- 
ture necessary  for  chemical  experiments.  And  finally,  "the 
.necessary  lecture  rooms,"  requiring  lecturers,  of  course,  and 
constituting,  perhaps,  the  university  recommended  by  Doc- 
tors Chapin  and  Wayland,  or  perchance  the  corps  of  politi- 
cal lecturers  proposed  by  Mr.  Rush. 

It  appropriates  for  the  building  the  interest  which  has 
already  accrued  on  the  fund,  namely,  $241,129,  "  together 
with  such  sum  or  sums,  out  of  the  annual  interest  accruing 
to  the  Institution,  as  may,  in  any  year,  remain  unexpended, 
after  paying  the  current  expenses  of  the  Institution."  This 
is  to  be  much  observed.  After  paying  the  current  expenses, 
the  surplus  income  may  be  expended  upon  the  buildings  I  It  would 
seem  that  something  should  be  reserved  to  "  diffuse  knowl- 
edge among  men,"  and  that  such  surplus  might  be  so  ap- 
propriated. However,  as  there  are  at  least  four  distinct 
institutions  to  be  provided  for  out  of  the  paltry  income  of 
$30,910,  the  surplus  will  not  be  worth  contending  about. 

Of  the  subordinate  officers,  one  only  is  specified — "the 
secretary  of  the  Board  of  Regents" — who  is  authorized, 
with  the  consent  of  the  board,  to  appoint  assistants.  Their 
number  is  not  specified.  Each  of  the  four  institutions  will 
require  at  least  one  officer  of  its  own.  To  purchase,  judi- 
ciously, $25,000  worth  of  books,  would  require  one  or  two 
.competent  agents.  Virtuosi  would  be  wanted  to  make  col- 
lections for  the  museum  and  gallery  of  art.  To  these  must 
be  added  a  retinue  of  servants,  and  interminable  expenses 
incident  to  foreign  and  domestic  agencies,  and  inseparable 
from  so  magnificent  an  assemblage  of  establishments. 

The  financial  aspect  of  this  law  presents  some  remarkable 
features.  The  original  fund  is  invested  in  the  treasury,  and 
yields  an  income  of  $30,910.  Of  this  income  $25,000,  may 
be  annually  expended  in  books.  A  museum  and  gallery  of 
art,  "  on  a  liberal  scale  " — on  a  scale  worthy  of  a  great  na- 
tion, and  similar  to  other  national  institutions  of  the  kind 
.abroad — would  require  at  least  as  much  more ;  for,  if  the 


918       PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

thing  cannot  be  done  on  this  liberal  scale,  it  should  not  be- 
attempted  at  all.  "  The  travelling  and  other  actual  ex- 
penses "  of  the  superior  officers  of  the  institution,  will  ad- 
mit of  no  certain  estimate.  If  there  were  a  will,  theiv 
would  be  a  way,  to  make  this  item  absorb  half  the  income. 
It  can  hardly  stop  short  of  some  thousands.  There  must 
be  four  subordinate  officers  at  least,  who  would  be  entitled 
to  receive  from  two  to  three  thousand  dollars :  say  $10,000. 
Add  to  these  the  expenses  attending  foreign  and  domestic- 
agencies,  correspondence,  transportation,  wages  of  a  numer- 
ous troupe  of  servants,  light  and  fuel  for  the  whole  suite  of 
establishments,  occupyingan  edifice  costing  at  least  $300,000 ; 
and  occasional  printing  of  reports,  lectures,  &c.  Last  of  all, 
the  9th  section  provides,  "  that  of  any  other  moneys  which 
have  accrued,  or  shall  hereafter  accrue,  as  interest  upon  the 
said  Smithsonian  fund,  not  herein  appropriated,  or  not  m////'/v/ 
for  the  purposes  herein  provided,  the  said  managers  are  heivhy 
authorized  to  make  such  disposal  as  they  shall  deem  1><  <t 
suited  for  the  promotion  of  the  purpose  of  the  testator." 

Here  is  a  scheme  of  appropriation  which  would  exhaust 
the  income  if  it  were  three  hundred  thousand  instead  of 
thirty,  without  approaching  the  object  of  the  bequest.  Of- 
ficers and  employees  are  to  be  first  paid.  If  there  should 
be  a  surplus,  a  gallery  of  art,  museum  and  library  may  be 
created.  The  residue,  if  there  should  be  any,  may  be  ap- 
plied to  eke  out  the  building  fund.  And  finally,  if  by  some 
financial  miracle,  any  thing  should  remain  of  that  which  has 
been  thrice  consumed,  that  miraculous  residuum  may  be 
applied  "  for  the  promotion  of  the  purpose  of  the  testator/' 

It  would  seem  to  be  well  understood  that  "the  mon« -vs 
herein  appropriated,"  and  "  the  purposes  herein  provided," 
do  not  promote  the  purpose  of  the  testator — as  most  cer- 
tainly they  do  not.  The  law  does  not  forget  that  the  testa- 
tor had  a  "  purpose,"  and  that  the  faith  of  the  Government 
is  pledged  to  carry  it  into  effect,  but  with  these  facts  looking 
it  in  the  face,  it  appropriates  the  income,  to  projects  which 
do  not  conduce  to  the  accomplishment  of  the  purpose  ;  but 
serve  only  to  gratify  a  national  vanity.  But  what  appro- 
priation does  it  make  to  carry  into  effect  the  object  of  the 
generous  Srnithson  ?  Not  the  first  dollar !  But  with  intense 
irony  it  tells  us,  in  effect,  that  the  said  managers  are  author- 
ized to  apply  to  this  object,  the  remainder,  when  ALL  has  been 
wasted  ! 

No  one  can  suppose  that  the  enormous  abuses  of  a  sacred 
trust,  to  which  this  law  opens  a  wide  door,  were  contem- 
plated by  the  honorable  body  by  whom  it  was  enacted — 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        919 

Congress  wished,  perhaps,  to  gratify  the  several  projectors 
by  incorporating  their  respective  contrivances  into  one  an- 
omalous institution.  But  after  all  the  deliberations  of  years, 
its  final  action  was  characterized  by  haste — almost  fatuity. 
Some  creature  of  a  clique,  it  would  seem  was  prepared  to 
come  forward,  at  the  last  moment,  with  this  odious  scheme, 
and  the  plan  of  Mr.  Owen  was  suddenly  superseded.  It  is 
instinct  with  the  partisan  spirit  of  the  scheme  first  reviewed. 
It  looks,  to  my  eye,  like  the  same,  but  rendered  more  com- 
plex by  monstrous  appendages,  and  wearing  a  mask  of  hy- 
pocrisy over  its  visage  of  brass.  It  is  a  violation  of  the 
national  faith,  and  a  fraud  upon  the  American  people.  It 
robs  us  of  our  money,  and  appropriates  it  liberally  to  pro- 
jects conceived  in  folly;  but  to  the  great  purpose  of  the 
testator — "  the  diffusion  of  knowledge  among  men  "—it  grants 
nothing,  absolutely  nothing.  I  call  upon  the  American 
people  to  place  their  brand  upon  the  odious  law ;  and  to 
reclaim  their  money  before  "  such  contracts  or  individual 
rights "  shall  be  "  made  or  acquired  under  it,"  as  shall 
alienate  it  altogether  from  the  sacred  purpose  for  which  it 
was  given. 

I  shall  now  proceed  to  suggest  a  method  of  appropriating 
the  proceeds  of  the  Smithsonian  fund,  which  would,  I  con- 
ceive, accomplish  the  purpose  of  that  philanthropist. 

Of  the  Fund. — Let  the  Government  charge  itself  with  the 
purchase  and  maintenance  of  the  library,  museum,  and 
gallery  of  art,  &c.,  if  these  projects  must  of  necessity  be 
persisted  in,  and  thus  relieve  the  Smithsonian  fund  of  a 
burden  foreign  to  its  design.  Let  the  original  fund  of 
$515,169,  with  so  much  of  the  interest  which  has  already 
accrued  thereon  as  would  make  up  the  amount  of  $700,000, 
remain  in  the  Treasury  of  the  United  States,  as  a  perma- 
nent fund, drawing  interest  at  six  per  cent,  per  annum.  This 
would  yield  for  the  purposes  of  the  institution,  $42,000.  Let 
the  balance  of  the  interest  now  on  hand,  say  $57,298,  be 
expended  in  the  erection  of  a  suitable  building  for  the  uses 
of  the  institution,  on  grounds  authorized  to  be  taken  for  that 
purpose  by  the  present  act ;  but  not  so  as  to  form  a  wing  of 
the  Patent  Office.  This  amount  would  erect  a  building 
sufficient,  but  not  showy.  If  the  Government  wishes  for 
something  in  the  way  of  architectural  display,  let  it  provide 
the  means,  but  not  enlarge  to  such  dimensions  as  to  waste 
the  scanty  income  in  repairs  and  attendance. 

II.  Of  the  Regents. — Let  the  regents  of  the  Smithsonian 
Institution  consist  of  the  judges  of  the  Supreme  Court, 


920       PROPOSED   APPLICATIONS    OF   SMITHSON's    BEQUEST. 

who  compose  the  bench  at  Washington,  with  an  equal  num- 
ber selected  by  themselves  from  among  the  sages  of  the 
land,  who  have  become  illustrious  for  their  wisdom  and 
virtue,  and  who  have  retired  from  the  strife  of  politics. 
Let  all  vacancies  by  death  or  resignation,  among  the  asso- 
ciates of  the  judges,  be  filled  by  the  election  of  the  whole 
board ;  the  vacancies  on  the  bench  of  judges  being  filled  as 
by  law  provided.  Let  the  board  so  constituted  have  per- 
petual succession,  and  possess  all  the  necessary  corporate 
powers,  as  the  Smithsonian  Institution.  Such  men  as  these 
judges,  with  such  other  men  as  Albert  Gallatin,  James  Kent, 
James  Tallmadge,  would  be  inaccessible  to  the  corrupt  influ- 
ence of  party.  In  the  management  of  the  trust  confided  to 
them,  they  would  give  to  the  country  the  benefit  of  their 
wisdom ;  they  would  possess  its  confidence,  and  redeem  its 
plighted  faith.  They  should  be  invested  with  large  dis- 
cretionary powers,  and  should  report  to  Congress  at  each 
session  the  doings  and  condition  of  the  Institution. 

III.  The  Editorial  Eureau.—Let  the  Board  of  Regents 
appoint  the  subordinate  officers  of  the  institution  ;  namely, 
two  editors  and  two  assistants ;  one  of  whom  shall  be  the 
corresponding,  and  another  the  recording  secretary  of  the 
institution.     These  officers  shouU1  be  selected  from  among 
the  ablest  men  whose  services  can  be  commanded.     Their 
compensation  should  be  liberal.     They  should  not  be  re- 
movable except  for  cause,  and  by  the  vote  of  a  majority  of 
the  appointing  power.     The  permanency  of  their  appoint- 
ments would  be  an  inducement  to  bring  all  their  faculties 
to.  their  work,  and  to  aim  at  the  highest  perfection  in  the 
duties  assigned  them. 

IV.  Volume  of  Practical  Science. — Let  it  be  the  duty  of  this 
Editorial  Bureau  to  collect,  from  all  sources,  all  that  is 
known  touching  the  subjects  of  agriculture,  manufactures, 
commerce,  architecture,  engineering,  the  tine  arts — in  short, 
in  all  branches  of  productive  industry ;  to  extract  from  the 
mass  that  which  is  best  calculated  to  subserve  the  industrial 
interests  of  the  country,  and  digest  and  arrange  the  same 
into  a  form  adapted  to  popular  use.     Let  the  large  annual 
volume,  of  800  or  more  pages,  octavo,  be  compiled,  contain- 
ing more  or  less  upon  all  these  subjects,  so  as  to  give  to 
each  volume  the  attraction  of  a  rich  variety.     Let  it  be 
stereotyped  in  the  best  manner,  with  double  sets  of  plates. 
Let  the  work  be  enriched  and  embellished  with  maps,  plans, 
plates,  engravings,  illustrative  of  the  matter  contained  in 
the  volume,  particularly  natural  history,  mechanics,  archi- 


PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST.       921 

tecture,  and  the  fine  arts.  Thus  making  it  at  once  an  in- 
valuable compendium  of  practical  science,  and  a  book  of 
beauty  ;  adapted  to  the  wants  of  the  cottage,  and  worthy  for 
its  elegance  of  the  saloon  of  the  palace.  Besides  the  stand- 
ard topics  mentioned,  other  matters  of  science  and  general 
interest,  improving  to  the  tastes  and  elevating  to  the  char- 
acter, might  be  admitted  to  enliven  its  pages.  I  would 
wish  to  have,  in  process  of  time,  the  kingdoms  of  nature 
and  art  explored,  to  find  the  forms  of  truth  and  beauty  to 
enrich  that  book.  If,  by  reason  of  constant  discussion,  or 
the  want  of  fresh  matter,  the  standard  topics  should  lose 
any  portion  of  their  interest,  new  life  might  be  infused  into 
the  series  by  adopting  works  on  collateral  subjects.  In  de- 
fault of  native  works  adapted  to  this  use,  foreign  works, 
like  the  Bridgewater  Treatises,  might  be  admitted.  Such 
:an  emergency,  however,  is  not  to  be  anticipated. 

Y.  Political  Collectanea. — Let  the  second  annual  volume  be 
compiled  and  stereotyped,  in  size  and  style  uniform  with 
the  first,  and  constituting  a  political  collectanea.  It  should 
contain  a  digest  of  the  proceedings  of  the  legislative,  execu- 
tive, and  judicial  branches  of  the  General  Government;  im- 
portant State  papers;  abstracts  of  Congressional  reports; 
treaties;  diplomatic  correspondence;  statistics;  notices  of 
internal  improvements;  notices  of  State  legislation,  with 
their  most  valuable  documents;  statistics  of  foreign  coun- 
tries; memoranda  of  their  legislation,  and  current  political 
histor}\  It  should  be,  in  short,  a  current  political  history 
of  the  world,  but  especially  of  our  own  country — a  pano- 
ramic view  of  nations  as  they  exist  at  the  passing  moment. 
It  should  contain  the  cream  of  that  knowledge  which  the 
freeman  needs  to  qualify  him  to  serve  his  country,  whether 
at  the  polls  or  in  official  station.  It  should  be  history  taken 
from  life,  by  a  sort  of  literary  daguerreotype — a  book  of  facts, 
compiled  in  the  spirit  of  truth  and  impartiality,  untainted 
by  party  prejudices,  beyond  the  reach  of  party  influences. 
I  would  wish  it  to  become,  in  the  process  of  years,  a  more 
valuable  book  of  reference  for  the  statesman  than  exists  in 
any  country — more  full  and  elaborate  than  Mies'  Register, 
and  expurged  from  its  dross — more  general  in  its  scope  and 
less  encumbered  with  useless  matter  than  Hansard's  Parlia- 
mentary Reports — more  available  for  the  present  and  future 
student  of  legislative  history  than  Rymer's  Foadera.  It 
should  have  the  good  qualities  of  all  these,  without  their 
detects,  and  other  good  qualities  which  none  of  them  have. 

YI.  Preliminary  Series  of  Volumes. — And  here  I  beg  leave 


922       PROPOSED    APPLICATIONS    OF    SMITHSON  S    BEQUEST. 

to  suggest  that,  if  such  a  current  documentary  history  should 
be  commenced,  the  design  should  be  perfected  by  the  com- 
pilation of  an  introductory  series  of  volumes,  containing  all  the 
most  important  documents  relating  to  the  history  of  the 
country  from  its  first  settlement,  and  especially  from  the 
middle  of  the  eighteenth  century.  They  should  be  uniform 
in  style  with  the  series  above  proposed,  and  embrace  a  great 
deal  of  matter  for  the  gratification  of  the  antiquarian,  as 
well  as  for  the  instruction  of  the  legislator  and  historian. 
The  Smithsonian  fund  should  spare  nothing  for  this  retro- 
spective purpose;  but  the  desideratum  would  be  cheerfully 
supplied  by  the  General  Government.  England  has  set  the 
beautiful  example  in  her  Foedera.  It  could  be  compiled, 
stereotyped,  and  published  in  the  same  manner  as  the  serials 
of  the  Smithsonian  Institution,  as  suggested  belo\v. 

VII.  Method  of  Publishing. — Let  the  use  of  the  plates  of 
the  two  serials  be  granted,  for  a  term  of  years,  without 
charge,  to  such  responsible  publishers  as  would  engage  to 
supply  all  purchasers  with  the  works,  executed  in  a  given 
style,  at  the  lowest  price,  and  deliver  the  >ame  for  sale  in  sneh 
of  the  great  cities  of  the  Union  as  shall  he  designated  in 
the  contract.  As  the  compiling,  stereotyping,  and  engraving 
would  he  done  at  the  charge  of  the  Smithsonian  fund,  the 
purchaser  would  pay  only  for  the  paper ',  press-work^  bindimj, 
and  the  small  percentage  which  should  of  right  constitute 
the  profits  of  the  publisher.  If  the  two  annual  volumes  were, 
in  matter  and  style  such  as  I  conceive  they  should  he,  and 
such  as  I  have  attempted  to  describe,  they  should  he  worth, 
at  the  ordinary  rates,  four  and  five  dollars  respectively,  or 
at  least  eight  dollars  for  the  two.  Without  going  into 
minutely  accurate  calculations,  it  would  be  safe  to  say  that 
they  would  not  cost  the  purchaser  more  than  three  dollars. 
The  balance  of  five  dollars  in  the  intrinsie.value  of  the  hooks 
would  be  in  effect  a  donation  from  James  Smithson.  They 
would  not,  indeed,  be  worth  that  as  merchandise,  since  all 
could  obtain  them  at  the  same  price;  hut  they  would  be 
worth  infinitely  more  than  that,  as  sources  of  practical,  use- 
ful, and  indispensable  knowledge,  and  which  are  not  likely 
to  be  provided  for  in  any  other  way. 

Resulting  Benefits  of  the  Plan. — Permit  me  now  to  enlarge 
on  the  benefits  which  would  result  from  this  safe,  simple, 
and  effective  scheme,  if  it  were  carried  out  in  its  spirit  and 
to  the  letter. 

It  will  supply  a  Desideratum. — It  would  call  the  two  serials 
into  existence,  and  widely  distribute  them.  A  work  of  prac- 


PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST.        928 

tical  science,  compiled  with  ability,  executed  with  elegance, 
keeping  up  with  the  progress  of  discovery,  adapted  to  popular 
use,  neither  too  desultory  to  instruct  nor  too  voluminous  to 
be  read,  is  still  a  great  desideratum  for  the  laboring  classes. 
A  current  political  history,  divested  of  party  prejudice  and 
misrepresentation,  is  no  less  necessary  for  the  voter  and 
statesman.  Individual  enterprise  is  little  likely  to  supply 
these  wants,  on  terms  suited  to  the  straitened  means  of  the 
millions.  But  if  they  were  furnished  as  here  proposed, 
their  intrinsic  value  would  make  them  desirable  to  the 
wealthy,  and  their  cheapness  would  bring  them  within  the 
reach  of  the  poor.  I  am  of  opinion  that  one  hundred 
thousand  copies  would  be  sold  annually  ;  and  as  the  popu- 
lation increased,  even  that  amount  might  be  doubled ; — I 
am  tempted  to  say  quadrupled. 

Gain  to  the  Laborer. — To  the  laboring  classes,  the  vol- 
ume of  practical  science  would  be  valuable  as  a  source  of 
pecuniary  gain.  It  would  bring  to  their  aid  the  lights  of 
science,  and  the  results  of  experience.  It  would  point  out 
new  and  felicitous  methods  of  operation  in  the  shop  and 
the  field.  It  would  lighten  the  labor  of  the  human  muscle, 
while  it  gave  healthful  occupation  to  the  intellect.  It  would 
show  them  what  others  have  done,  and  provoke  them  to 
noble  emulation.  It  would  suggest  expedients  to  meet 
emergencies  ;  and  remedies  for  a  thousand  evils.  It  would 
wake  indolence  from  its  sleep,  and  turn  industry  into  new 
channels.  It  would,  in  short,  increase  and  diffuse  practical 
knowledge,  and  thus  help  the  toiling  man  in  numberless 
ways  ;  and  it  would  be  his  own  fault  if  he  did  not  reap  from 
each  annual  dollar  the  harvest  of  "  thirty,  sixty,  or  an  hun- 
dred fold." 

Mental  Improvement. — These  volumes  would  serve  a  higher 
purpose  than  to  increase  wealth,  and  improve  the  mind  as 
well  as  the  condition.  On  two  great  branches  of  knowl- 
edge, they  would  contain  all  that  the  masses  have  the  leisure 
to  learn.  The  late  act  of  Congress  proposes  to  increase  and 
diffuse  knowledge  among  men  by  establishing  a  museum, 
laboratory,  library,  and  gallery  of  art,  in  the  city  of  Wash- 
ington. The  present  plan  proposes  to  put  the  museum,  labora- 
tory, library,  and  gallery  of  art,  into  one  of  these  serials,  and 
send  them  broadcast  through  the  country,  and  lay  them  upon  the 
tables  of  a  million  of  families.  More  useful  by  the  cottage 
fireside  than  a  lecturer  from  the  university,  they  would 
discourse  daily  to  its  inmates  of  things  useful  and  pleasing, 
without  taxing  their  hospitality.  They  would  be  pored 


:924       PROPOSED   APPLICATIONS   OF   SMITHSON'S    BEQUEST. 

over  by  the  bright  eyes  of  childhood,  and  the  dim  vision  of 
age.  They  would  furnish  delightful  occupation  for  the 
hours  of  leisure;  turn  aside  the  temptation  which  wounds 
the  idle  ;  give  expansion  to  ideas  narrowed  by  ignorance  ; 
cultivate  a  taste  for  solid  reading,  and  make  many  a  winter 
evening  more  charming  than  a  morning  of  spring. 

Development  of  Talent  and  Genius. — Their  effect  upon  the 
future  destinies  of  many  young  persons  would  be  most 
salutary.  Many  are  born  with  high  capabilities  whom  ne- 
glect and  ignorance  doom  to  obscurity,  perchance  to  ruin. 
These  volumes  would  find  their  way  into  the  hands  of 
thousands  of  these  neglected  ones,  kindle  in  them  the  latent 
fires  of  genius,  and  call  into  action  the  faculties  of  a  future 
race  of  Franklins,  Fultons,  Whitneys,  and  Wests.  Napo- 
leon owed  his  success  mainly  to  his  rare  discernment  of 
qualities,  and  his  tact  in  putting  every  faculty  of  the  millions 
to  its  appropriate  use.  Nations  too,  become  great  by  apply- 
ing the  talisman  of  education  to  individual  character ; 
throwing  down  the  barriers  of  inferior  caste  ;  and  stirring 
in  the  bosoms  of  the  young  the  instinct  which  will  guide 
them  to  the  paths  for  which  nature  has  fitted  them.  One 
of  these  volumes,  well  read,  would  impart  more  real  knowl- 
edge and  mental  vigor,  than  all  the  novels  in  the  language. 
Many  a  peasant  boy  will  begin  by  spelling  out  in  solitude 
the  pages  of  these  volumes,  and  will  distance  the  college 
dunce  in  the  end. 

Increase  of  General  Intelligence  and  Wealth. — The  benefits 
which  would  accrue  to  the  country,  would  admit  of  no 
human  estimate.  To  increase  the  intelligence  of  a  people 
is  to  promote  social  virtue  and  happiness.  To  enlighten 
private  industry,  is  to  augment  public  wealth.  To  call  out 
the  latent  talents  of  all  ranks,  is  to  develop  the  true  sources 
of  a  nation's  glory.  Such  effects  would,  to  some  extent, 
follow  from  the  adoption  of  this  plan.  Education  among 
the  masses,  for  the  most  part,  ceases  with  the  years  of  child- 
hood ;  but  these  perpetual  serials  would  furnish  the  means 
of  a  continued  adult  education  ;  the  only  means  which  can  be 
made  to  reach  the  millions — the  only  education  their  labors 
will  admit.  While  educating  the  man,  they  would  mend 
his  fortune,  and  put  bread  upon  his  board.  They  would 
lead  to  the  exploration  of  new  mines  of  wealth — enriching 
the  country  by  enriching  the  citizen.  They  would  add  mil- 
lions to  the  common  wealth  by  improvements  in  agricul- 
ture, millions  by  the  introduction  of  new  staples,  millions 
by  extending  and  perfecting  our  manufactures,  and  that 


PROPOSED    APPLICATIONS    OF    SMITHSON's   BEQUEST.        925- 

which  is  better  than  millions,  by  cultivating  the  national 
taste  and  conducing  to  the  advancement  of  the  fine  arts. 

Preservation  of  our  Free  Institutions. — Another  benefit 
would  touch  the  vital  interests  of  the  country — the  very 
existence  of  its  free  institutions.  If  practical  science  would 
enrich  it,  sound  political  knowledge  would  tend  to  the  pre- 
servation of  its  liberties.  That  political  volume,  destined 
to  be  read  by  the  masses,  like  the  book  of  judgment  to  the 
evil-doer,  would  have  terrors  for  the  faithless  ruler.  Let  it 
pay  its  annual  visit  to  the  work-shop  and  farm-house,  and 
in  the  process  of  a  few  years  it  would  confer  upon  the  hon- 
est labor  no  slight  pretensions  to  statesmanship.  It  would 
put  an  end  to  the  reign  of  party  despotism.  It  would  crip- 
ple the  power  of  a  mendacious  press  to  mislead  and  deceive 
the  people.  It  would  render  the  demagogue  as  impotent  as 
he  is  base.  It  would  bring  honest  patriots  to  a  substantial 
agreement;  and  the  great  and  the  good  would  again  sit  in 
the  seats  of  power.  We  might,  by  God's  help,  even  retrace 
our  steps  from  the  fathomless  gulf  of  foreign  dictation,  mob 
violence,  Jacobinic  misrule,  and  the  ultimate  despotism, 
upon  which  we  are  now  advancing. 

On  the  whole,  we  may  affirm,  I  think,  that  the  publication 
of  these  two  serials  would  accomplish  the  object  of  Mr. 
Smithson.  Instead  of  packing  away  five  hundred  thousand 
volumes  in  Washington  city,  in  twenty-five  years,  it  would 
put  ten  times  that  number  of  volumes  into  the  hands  of  the  people 
themselves.  They  would  be  "read,  marked,  learned,  and 
inwardly  digested."  They  would  immediately  and  bene- 
ficially affect  the  character  and  interests  of  the  citizen,  and 
the  safety  of  the  country.  They  would  be  beautiful  monu- 
ments to  the  memory  of  the  philanthropist,  whose  honored 
name  should  stand  upon  every  title-page,  seen  and  read  of 
all  men.  This  spring  of  benefits  to  mankind  would  not  dry 
up  while  the  Government  remained  true  to  its  trust,  but  flow 
on,  widening  from  age  to  age;  and  many  a  great  and  pros- 
perous family  in  future  times  would  be  able  most  truly  to 
atiirm  that  God  and  James  Smithson  had  made  them  so. 

Answer  to  Objections. — There  are  few  things  so  good  that 
men  may  not  find  objections  to  them;  and  the  best  projects 
fure  as  ill  in  this  respect  as  the  worst.  Objections  will  be 
started  to  the  present  plan.  Let  us  imagine  what  they  may 
be,  and  ascertain  their  solidity. 

Since  the  funds  are  provided  without  drawing  upon  the 
Treasury,  the  objection  will  not  probably  be  pressed  any 
farther  that  legislation  in  the  premises  is  unconstitutional.. 


926        PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST. 

If  it  were  otherwise  this  pretence  would  prevail.  AVe  should 
ask  in  vain  for  $30,000  out  of  $30,000,000  of  our  own  treas- 
ury. Paltry  politicians  would  cant  about  economy.  Dem- 
agogues would  demand  credit  for  the  vigilance  with  wh'u-li 
they  guarded  the  Treasury  from  all  but  peculators.  Patri- 
otic statesmen  would  stand  ready  to  defend  the  Constitution 
with  their  heart's  best  blood  from  the  horrible  violation  ot 
doing  good.  Fortunately  all  this  is  estopped.  The  Gov- 
ernment has  accepted  the  trust ;  and  it  is  too  late  to  urge 
that  it  is  unconstitutional  to  fulfill  its  engagements. 

Fund  Not  Insufficient. — It  may  be  thought  that  the  income 
would  be  insufficient.  By  no  means,  if  we  may  have  the 
whole.  $700,000,  yielding  an  income  of  $42,000,  would 
allow,  in  round  numbers:  for  the  Editorial  Bureau,  $10,000; 
for  stereotyping  and  engraving,  $25,000;  and  for  contingen- 
cies— expenses  of  Regents,  books,  correspondence,  light  and 
fire,  etc.,  $7,000.  This  is  enough  for  the  present,  "A  por- 
tion of  this  formidable  amount  would  go  to  American 
scholars,  a  portion  to  American  artists,  and  a  portion  to 
American  mechanics — all  would  go  to  reward  talent  and 
learning,  labor  and  skill;  and  sad  to  say.  nothing  to  tin- 
political  parasite.  This  evil  must  be  patiently  enduivd. 
When  useful  things  are  to  be  done,  useful  nun  must  U-  cm- 
ployed — as  to  the  rest,  they  must  content  themselves  with 
the  millions  of  the  Treasury.  Forty  thousand  dollars  pi  r 
annum  is  a  mere  bagatelle  in  the  mass  of  party  >]>oils;  but 
it  is  a  very  great  deal  to  be  expended  in  good  faith  for  the 
benefit  of  the  people.  Let  it  be  appropriated  in  the  way 
here  indicated,  and  it  will  do  us  more  good — more,  a  great 
deal,  than  we  now  derive  from  all  the  national  revenues. 
This  fund  is  most  sacredly  ours.  Let  not  our  rulers  covet 
it — let  them  extort  no  black-mail — nor  fritter  away  the 
funds  upon  useless  projects  and  hungry  politicians.  Let 
the  funds  be  charged  simply  with  the  erection  of  a  small 
plain  building  requiring  no  heavy  expenditures  for  repairs 
and  attendance,  with  the  salaries  of  the  officers  constituting 
the  editorial  bureau,  the  production  of  the  plates,  and  the 
necessary  contingencies — let  this  course  be  honestly  pur- 
sued, and  I  repeat  the  averment,  the  Smithsonian  Institution 
wilt  do  the  country  more  good  than  all  the.  millions  of  the 
Treasury. 

Government  to  do  Nothing  but  to  Organize  It,  and  then  Let  It 
Alone. — It  may  be  thought  that  this  would  make  the  Gov- 
ernment a  kind  of  publishing  house.  It  is  that  now,  and 
expends  much  money  in  publications  which  never  reach  the 


PROPOSED    APPLICATIONS    OF    SMITHSON?S    BEQUEST.       927 

people.  In  this  case  the  Government  would  have  nothing 
to  do  but  to  organize  our  Board  of  Regents,  and  pay  our 
money  when  it  falls  due.  For  all  practical  purposes  we 
wish  the  Smithsonian  Institution  to  be  as  far  beyond  its 
reach  as  the  remotest  star.  Here  is  a  fund  consecrated  to 
the  diffusion  of  knowledge — a  purpose  which  can  be  accom- 
plished only  by  the  agency  of  the  press.  The  Government 
has  accepted  the  trust,  and  we  wish  them  to  discharge  it  by 
organizing  a  competent  and  trust-worthy  corporation  to 
employ  that  agent  in  our  service.  More  we  wish  it  not  to 
do — less  it  cannot  do  in  good  faith.  Let  not  our  rulers  think 
scorn  of  so  humble  an  expedient  as  the  sending  forth  of  two 
annual  volumes,  to  teach  us  how  to  take  care  of  ourselves 
and  of  our  country — how  to  labor  with  advantage,  and  how 
to  vote  with  discretion.  It  shall  cost  their  honors  little 
trouble  and  no  expense;  but  the  two  volumes  shall  do  the 
nation  more  good  than  the  two  houses  of  Congress.  Our 
rulers  themselves  shall  have  their  portion  of  benefit;  these 
volumes  shall  show  them  the  right,  and  make  them  afraid 
to  do  wrong.  And  when  they  come  down  from  their  high 
places,  they  shall  share  in  common  with  us  the  blessings 
they  will  have  bestowed  upon  their  country. 

In  this  way  Sales  may  be  Indefinitely  Extended. — Will  it  be 
thought  better  that  the  publications  of  the  Institute  should 
be  sent  out  as  gratuities?  It  would  cost  millions  to  do  any 
thing  to  the  purpose  in  this  way.  The  books  would  become 
the  perquisites  of  officials,  and  would  be  distributed  by  fa- 
voritism. But  in  the  method  here  proposed,  the  publica- 
tion might  be  extended  to  the  utmost  limit  of  the  demand, 
without  additional  charge  to  the  institution,  and  without 
complicating  the  machinery.  The  fund  would  merely  edit, 
stereotype,  and  engrave ;  here  its  responsibility  would  end. 
The  publisher  would  print  and  sell  for  his  minimum  profit, 
and  manage  his  own  machinery  with  the  astuteness  of  in- 
terest. All  who  were  willing  to  pay  one-third  of  their  value 
could  have  the  books.  I  have  supposed  the  sets  to  be  worth 
$8 — to  sell  for  $3 — and  the  number  of  sets  annually  sold  to 
be  100,000.  To  this  operation  the  fund  would  contribute 
$42,000 ;  the  purchasers  $300,000.  The  excess  of  actual 
value  over  the  cost,  amounting  to  $500,000,  would  be  in 
effect  an  annual  donation  from  the  generous  foreigner  to 
the  American  people.  The  annual  increase  of  bibliothecal 
wealth  in  the  country  would  be  $800,000.  Here  would  be 
a  creative  power  constantly  employed  in  putting  knowledge 
into  men's  heads  and  skill  into  their  fingers,  fertilizing 


928       PROPOSED   APPLICATIONS   OF   SMITHSONJS   BEQUEST. 

their  farms,  enlarging  their  work-shops,  putting  money 
into  their  purse,  educating  their  children,  multiplying  their 
domestic  comforts,  and  thus  increasing  the  national  wealth 
by  countless  millions. 

This  Plan  of  Publication  applicable  to  other  State  Documents. — 
Here  I  beg  leave  to  suggest  that  this  plan  of  publication 
might  be  adopted,  to  some  extent,  by  the  National  and  State 
governments,  at  a  great  saving  to  their  respective  treasu- 
ries, and  with  vast  advantage  to  the  people.  The  u Natural 
History  of  New  York,"  a  work  which  reflects  honor  upon 
the  country,  might  have  been  published  in  this  way  at  one- 
half  the  expense  to  the  State,  at  no  more  expense  to  the 
purchaser,  and  twenty  copies  for  one  might  have  gone  into 
the  hands  of  the  people.  Congressional"  and  State  laws  of 
general  interest  should  be  simply  stereotyped  at  the  expense 
of  the  treasuries;  they  could  then  be  published  at  a  small 
advance  on  the  material  and  labor,  and  come  within  the 
reach  of  all  who  desired  them. 

The  Present  Plan  Not  too  Late. — Finally  it  may  be  objected 
that  this  plan  comes  too  late  ;  as  the  General  Government 
has  settled  its  mode  of  action,  and  appropriated  the  fund. 
But  the  plan  adopted  is  not  beyond  the  reach  of  amend- 
ment. If  Congress  be  not  too  wise  to  err,  it  should  not  be 
too  dignified  to  mend.  It  has  doubtless  been  their  honest 
and  earnest  purpose  to  discharge  their  trust  in  good  faith. 
If  the  present  plan  be  worthy  of  adoption,  it  is  competent 
for  that  honorable  body  to  adopt  it,  restore  the  Smithsonian 
fund  to  the  people,  and  charge  the  treasury  with  the  expense 
of  their  own  folly,  if  that  folly  must  of  necessity  be  per- 
sisted in.  This  sacred  fund  belongs  to  the  people,  and  their 
wishes  as  well  as  their  interest  should  be  consulted  in  the 
disposal  of  it.  We  have  a  right  to  say  to  our  rulers,  hands 
off!  in  the  name  of  justice  !  Waste,  if  you  will,  the  reve- 
nues !  Spend  fifty  millions  to  war  upon  fifty  Indians  !  In- 
vade Mexico  !  Put  your  sub-treasuries  into  your  pockets, 
or  cast  them  into  the  sea!  Do  what  else  you  will ;  but  do 
not  waste  this  trust  fund  in  prodigal  expenditures  for  a 
sumptuous  building,  a  library,  museum,  and  gallery  of  art, 
which  not  one  in  ten  thousand  of  us  shall  ever  behold.  Do 
not  fritter  it  away  upon  troops  ot  gentlemen  whose  services 
we  do  not  want,  and  ten  thousand  objects  of  expense  which 
amount  to  nothing  in  the  end.  This  fund  is  ours — its  ob- 
ject is  sacred — let  it  be  so  applied  that  its  benefits  may  reach 
us. 

Gentlemen  of  the  American  Institute,  public  instruction 


PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST.       929 

is  one  of  the  most  important  duties  of  a  wise  and  paternal 
government.  To  teach  religion  is  the  business  of  the  church. 
The  lower  and  the  higher  branches  of  science  may  be  safely 
confided  to  the  schools.  But  to  enlighten  our  industry,  to 
instruct  us  how  to  establish  and  defend  our  liberties,  to 
continue  the  education  of  manhood,  in  all  ranks  of  the 
community,  is  the  business  of  Government.  The  press  is 
the  instrument  ordained  of  God  for  these  purposes.  Di- 
rected by  private  interest  it  caters  for  a  morbid  intellectual 
appetite — floods  the  land  with  putrid  waters — and  buries 
useful  knowledge  under  infinite  accumulations  of  rubbish. 
We  wish  to  put  a  press  under  the  control  of  men  in  whom 
there  is  the  spirit  of  excellent  wisdom,  that  they  may  teach 
us.  We  are  told  that  it  would  be  unlawful  to  take  money 
from  our  national  treasury  for  this  purpose.  Lawful  or  un- 
lawful, it  cannot  be  had  there.  But  by  the  favor  of  God, 
and  James  Smithson,  a  little  fund  has  been  provided  for 
the  diffusion  of  knowledge  among  men,  which,  by  accumu- 
lation, now  amounts  to  $757,298.  It  is  about  to"  be  alien- 
ated from  its  holy  purpose,  or  applied  in  a  way  which, 
keeping  the  promise  to  the  ear,  breaks  it  to  the  hope. 

I  propose  that  the  people  shall  reclaim  their  money,  and 
demand  that  it  should  be  expended  in  the  support  of  a 
bureau  of  national  instruction,  which  shall  speak  to  us  in 
two  annual  volumes  of  industrial  and  political  science.  The 
plan  is  simple,  feasible,  efficient.  It  opens  no  flood-gates 
of  expenditure,  and  leaves  little  room  for  contingencies. 
It  puts  the  machinery  of  the  Smithsonian  Institution  under 
the  control  of  the  incorruptible  sages  of  our  country.  It 
offers  reward  to  useful  talent,  but  furnishes  no  sinecures  for 
idleness.  It  would  effect  the  object  of  Mr.  Srnithson,  re- 
deem the  faith  of  the  nation,  and  accomplish  the  wish, of 
philanthropy, "  by  the  increase  and  diffusion  of  knowledge  among 
men"  These  two  volumes  would  do  more  for  human  hap- 
piness than  "  all  the  abundance  cast  into  the  Treasury." 
Like  the  mustard  in  the  parable,  they  are  small  seeds,  but 
let  them  take  root,  and  they  would  send  out  "  boughs  to  the 
sea,  and  branches  to  the  rivers," — "  their  leaves  would  be 
fair,  and  their  fruit  much." 

Gentlemen,  is  it  your  pleasure  that  this  should  be  done? 
Let,  then,  the  plan  which  I  have  suggested  go  to  the  coun- 
try with  your  imprimatur.  Truth  is  mighty — who  knoweth 
but  that  it  may  prevail  ? 


REPORT  OF  THE  ORGANIZATION  COMMITTEE  OF  THE 
SMITHSONIAN  INSTITUTION; 

With  the  Resolutions  accompanying  the  same,  and  adopted  by  the 
Board  of  Regents. 


RESOLUTIONS  APPOINTING  A   COMMITTEE  ON   ORGANIZATION  AND  RE- 
GARDING THE  PRINTING  AND  DISPOSAL  OF  THEIR  REPORT. 

The  following  resolutions  were  adopted  by  the  Board  of  Regents : 
On  the  8th  of  September,  1840,  it  was 

Resolved,  That  a  committee  of  three  be  appointed  by  the  Chancellor  from 
the  members  of  the  Board,  to  digest  a  plan  to  carry  out  the  provisions  of 
the  act  to  establish  the  Sinitli-onian  Institution,  and  that  they  report  the 
same  to  the  next  meeting  of  the  Board. 

Whereupon,  the  Chancellor  appointed  Mr.  Owen,  Mr.  Hilliard,  and  Mr. 
Buehe,  said  committee. 

And  on  the  9th  of  September,  1846,  it  was  further 

Resolved,  That  Mr.  Choate  and  Mr.  Penny  backer  be  added  to  the  com- 
mittee appointed  yesterday  to  digest  a  plan  to  carry  out  the  provisions  of  the 
act  establishing  the  Smithsonian  Institution. 

On  the  1st  of  December,  184G,  the  Chairman  of  the  Committee  on  Organ- 
i /.at ion  reported;  and,  on  the  21st  of  December,  the  report,  on  motion  of 
the  chairman,  was  recommitted  to  the  committee.  On  the  25th  of  January, 
1847,  the  report  as  here  presented,  was  made,  and  certain  resolutions  there- 
with submitted ;  and  the  whole  series  of  resolutions  recommended  by  th« 
Committee,  and  herein  appended  to  the  report,  were  finally  adopted  by 
the  Board.  They  comprise  the  outline  of  an  entire  plan  of  organization,  to 
carry  out  the  provisions  of  the  act  establishing  the  Smithsonian  Institution. 

And  it  was  further 

Resolved,  That,  of  this  report,  in  such  form  as  it  may  be  ultimately  adopted, 
five  thousand  copies  be  printed,  under  the  direction  of  the  Secretary ;  and 
that  he  be  required  to  transmit  a  copy  of  the  same  to  each  of  the  principal 
scientific  and  literary  societies,  both  in  this  and  in  other  countries ;  nnd  also 
to  such  individuals  of  scientific  or  literary  reputation  as  he  may  judge  likely 
to  find  interest  in  the  proceedings  of  the  institution. 

Resolved,  That  ten  copies  of  the  report  accompanying  these  resolutions  be 
furnished  each  member  of  the  Senate  and  House  of  Representatives,  and 
that  each  member  be  respectfully  requested  to  transmit  these  to  newspapers 
and  to  individuals,  in  his  district  or  elsewhere,  who  may  be  likely  to  take 
interest  in  the  proceedings  of  the  institution. 


REPORT   OF    COMMITTEE   OF   THE    BOARD    OF   REGENTS   ON   PLAN  OF 
ORGANIZATION. 

"  For  the  increase  and  diffusion    of  knowledge  among 
men  "  were  the  words  of  Smithson's  will — words  used  by  a 

930 


PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST.       931 

man  accustomed  to  the  strict  nomenclature  of  exact  science. 
They  inform  us,  that  a  plan  of  organization,  to  carry  into 
effect  the  intention  of  the  testator,  must  embrace  two  ob- 
jects; one,  the  calling  forth  of  new  knowledge  by  original 
research ;  and  the  other,  the  dissemination  of  knowledge 
already  in  existence. 

Smithson's  words,  liberal  and  comprehensive,  exclude  no 
branch  of  human  knowledge ;  nor  is  there  any  restrictive 
clause  in  the  charter  under  which  we  act.  That  charter  in- 
dicates a  few  items,  chiefly  relating  to  one  of  the  above  ob- 
jects, and  leaves  the  rest  of  the  plan,  under  the  general 
provision  of  the  bequest,  to  the  discretion  of  the  Board. 

First.  It  sets  forth,  as  one  of  the  objects  of  the  institution, 
a  library  that  shall  contain  valuable  works  in  all  depart- 
ments of  human  knowledge. 

Second.  It  requires  that  there  be  provided  in  the  buildings 
of  the  institution  a  hall  or  halls  suitable  for  a  museum  cap- 
able of  containing,  on  a  liberal  scale,  collections  of  natural 
history,  including  geology  and  mineralogy,  and  objects  of 
foreign  and  curious  research;  the  large  collection  now  in 
the  Patent  Office  being  transferred  to  the  institution. 

Third.  It  requires  that  there  be  included  in  said  building 
a  chemical  laboratory. 

Fourth.  The  building  is  to  contain,  also,  "  the  necessary 
lecture  rooms."  And, 

Fifth.  A  gallery  of  art. 

These  items,  with  the  exception  perhaps  of  the  laboratory, 
relate  to  the  diffusion  of  knowledge  only.  They  render 
necessary  an  annual  appropriation  to  collect  and  support  a 
library ;  another  to  maintain  a  museum ;  and  indicate  an 
intention,  that  a  portion  of  the  annual  interest  should  be 
applied  to  the  advancement  of  physical  science  and  the  arts, 
in  part  by  lectures. 

But,  after  enumerating  these  items,  the  framers  of  the 
charter  added  a  clause  of  plenary  powers,  authorizing  the 
Board,  as  to  all  funds  not  required  for  the  above  special  pur- 
poses, to  make  of  them  "  such  disposal  as  they  shall  deem 
best  suited  for  the  promotion  of  the  purpose  of  the  testator." 

In  obedience  to  the  requirements  of  the  charter,  which 
leaves  little  discretion  in  regard  to  the  extent  of  accomoda- 
tions  to  be  provided,  your  committee  recommend,  that  there 
be  included  in  the  building  a  museum  of  liberal  size,  fitted 
up  to  receive  the  collections  destined  for  the  institution ; 
and  that  library  room  sufficient  for  a  hundred  thousand  vol- 
umes be  provided.  They  further  recommend,  that  the  lec- 
ture rooms  required  by  the  act  shall  not  exceed  two  in 


932       PROPOSED   APPLICATIONS    OF   SMITHSON'S   BEQUEST. 

number,  of  which  one  of  small  size  should  adjoin  the  la  b- 
oratory,  and  another  might  be  large  enough  to  receive  an 
audience  of  a  thousand  persons.* 

As  important  as  the  cabinets  of  natural  history,  by  the 
charter  required  to  be  included  in  the  museum,  your  com- 
mittee regard  its  ethnological  portion,  including  all  collec- 
tions that  may  supply  items  in  the  physical  history  of  our 
species,  and  illustrate  the  manners,  customs,  religions,  and 
progressive  advance  of  the  various  nations  of  the  world  :  as 
for  example,  collections  of  skulls,  skeletons,  portraits,  dresses, 
implements,  weapons,  idols,  antiquities,  of  the  various  races 
of  man. 

In  the  accumulation  of  these  collections,  the  institution 
has  at  command  great  facilities.  The  collections  of  the  ex- 
ploring expedition,  which  already  belong  to  its  museum, 
furnish  an  ample  commencement,  especially  as  regards 
Polynesia.  Through  the  Commissioner  of  Indian  Affairs 
and  the  various  agencies  under  his  control,  the  North 
American  race  can  be  reached ;  and,  at  small  expense,  the 
collection  of  Indian  curiosities  already  begun  at  the  Patent 
Office  may  be  rapidly  extended.  So,  through  our  army  and 
navy  officers,  and  our  consuls  in  foreign  nations,  European 
and  South  American  collections  (the  latter  so  recently  en- 
riched by  modern  discovery)  might  be  gradually  brought 
together. 

In  this  connection  your  committee  recommend  the  pas- 
sage of  resolutions,  asking  the  co-operation  of  certain  public 
functionaries,  and  of  the  public  generally,  in  furtherance  of 
the  above  objects. 

Your  committee  are  further  of  the  opinion  that,  in  the 
museum,  if  the  funds  of  the  institution  permit,  might  ju- 
diciously be  included  various  series  of  models  illustrating 
the  progress  of  some  of  the  most  useful  inventions;  such, 
for  example,  as  the  steam  engine,  from  its  earliest  and  rudest 
form  to  its  present  improved  state ;  but  this  they  propose 
only  so  far  as  it  may  not  encroach  on  ground  already  cov- 
ered by  the  numerous  models  in  the  Patent  Office. 

Specimens  of  staple  materials,  of  their  gradual  manu- 

*  The  plan  of  building  adopted  by  the  Board,  out  of  thirteen  different  de- 
signs submitted  to  them  by  various  architects,  is  that  of  Mr.  James  Ren- 
wick,  Jr.,  of  New  York.  It  comprises  a  museum  200  feet  by  50 ;  a  library 
80  feet  by  50 ;  a  gallery  of  art  125  feet  long ;  two  lecture  rooms,  of  which 
one  is  capable  of  containing  an  audience  of  800  to  1000  persons ;  and  the 
other  is  connected  with  the  laboratory,  together  with  several  smaller  rooms. 
The  style  selected  is  the  later  Norman,  or  rather  Lombard,  as  it  prevailed 
in  the  twelfth  century  chiefly  in  Germany,  Normandy,  and  in  Southern 
Europe,  immediately  preceding  the  introduction  of  the  Gothic. 


PROPOSED   APPLICATIONS    OF    SMITHSON'S   BEQUEST.        933 

facture,  and  of  the  finished  products  of  manufactures  and 
the  arts,  may  also,  your  committee  think,  be  usefully  intro- 
duced. This  would  supply  opportunity  to  examine  samples 
of  the  best  manufactured  articles  our  country  affords,  and 
to  judge  her  gradual  progress  in  arts  and  manufactures. 

As  chemistry  was  the  favorite  study  of  Smithson's  life, 
of  which  a  considerable  portion  was  spent  in  his  own  labor- 
atory, and  as  it  is,  without  doubt,  one  of  the  most  compre- 
hensive and  important  of  the  natural  sciences,  your  com- 
mittee recommend  that  this  department  be  fitted  up  in  as 
complete  a  manner  as  modern  science  can  suggest.  And 
for  the  purpose  of  encouraging  in  the  young  men  of  our 
country  original  research  in  the  same  branch  of  science  in 
which  Smithson  himself  successfully  labored,  and  inasmuch 
as  many  are  now  compelled,  in  order  to  complete  their 
studies  as  practical  chemists,  to  resort  to  Paris  or  Germany, 
your  committee  further  recommend  that  there  be  included 
in  the  building  a  working  laboratory,  somewhat,  perhaps, 
.after  the  model  of  that  instituted  by  one  of  the  ablest  of 
German  chemists,  the  celebrated  Liebig;  to  be  opened 
under  proper  regulations  and  supervision,  without  charge, 
to  those  who  may  desire  to  institute  experiments  and  pros- 
ecute researches  for  themselves  in  that  science. 

The  gallery  of  art,  your  committee  think,  should  include 
both  paintings  and  sculpture,  as  well  as  engravings  and 
architectural  designs;  and  it  is  desirable  to  have,  in  con- 
nection with  it,  one  or  more  studios,  in  which  young  artists 
might  copy  without  interruption,  being  admitted  under 
such  regulations  as  the  board  may  prescribe.  Your  com- 
mittee also  think,  that  as  the  collection  of  paintings  and 
sculpture  will  probably  accumulate  slowly,  the  room  des- 
tined for  a  gallery  of  art  might  properly  and  usefully  mean- 
while be  occupied,  during  the  sessions  of  Congress,  as  an 
exhibition  room  for  the  works  of  artists  generally ;  and  the 
extent  and  general  usefulness  of  such  an  exhibition  might 
probably  be  increased,  if  an  arrangement  could  be  effected 
with  the  Academy  of  Design,  the  Arts-Union,  the  Artists' 
Fund  Society,  and  other  associations  of  similar  character, 
so  as  to  concentrate  at  the  metropolis,  for  a  certain  portion 
of  each  winter,  the  best  results  of  talent  in  the  fine  arts. 

The  charter  provides  that  the  Secretary  of  the  institution 
may,  with  the  consent  of  the  board,  employ  assistants ;  and 
the  items  above  enumerated  touching  a  library,  museum, 
and  laboratory,  seem  to  demand,  at  the  proper  time,  the 
appointment  of  not  less  than  three  such  assistants  :  one  as  li- 
brarian, one  as  curator  of  the  museum,  and  one  as  chemist. 


934         PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

After  a  careful  review  of  the  means  of  the  institution,  and 
the  annual  demands  upon  it  necessitated  by  the  objects 
specially  required  in  the  charter,  your  committee  are  not 
prepared,  with  the  present  endowment  only  at  command, 
to  recommend  a  greater  extension  than  these  named  of  per- 
manent offices  requiring  scientific  or  literary  qualifications. 
And  they  think  that  the  appointments  of  curator  and 
chemist  may  be  postponed  until  the  time,  or  nearly  the 
time,  when  the  building  is  likely  to  be  completed. 

In  these  various  recommendations,  your  committee  have 
been  guided  chiefly  by  the  words  and  specific  recommend- 
ations of  the  charter.  They  are  of  opinion,  however,  that 
the  task  assigned  them  would  be  ill  performed  if  they 
stopped  short  here,  and  neglected  to  avail  themselves  of  the 
authority,  liberally,  and  wisely  your  committee  think,  con- 
ferred lipon  the  Board,  after  providing  for  the  above  special 
objects  to  such  extent  as  they  may  consider  necessary  and 
proper,  to  dispose  of  the  remaining  funds,  annually  accru- 
ing, in  such  manner  as  "  they  shall  deem  best  suited  for  the 
promotion  of  the  purpose  of  the  testator." 

"  Increase  and  diffusion  of  knowledge,"  your  committee 
beg  leave  to  repeat,  was  that  purpose. 

How  can  knowledge  be  increased  ? 

By  original  research  throughout  its  various  fields ;  yield- 
ing, when  successfully  prosecuted,  positive  additions  to  the 
sum  of  what  had  theretofore  been  known. 

For  this,  there  is  no  provision  in  the  items  specifically 
enumerated  in  the  bill  and  above  provided  for,"except,  it 
may  be,  in  the  chemical  department,  where  the  chemist,  or 
others  engaging  in  experiment  and  investigation,  may  fur- 
nish actual  contributions  to  the  science  of  chemistry. 

But  how  may  original  researches  generally  be  encouraged 
and  called  forth  ? 

First,  by  premiums,your  committee  think,  annually  offered 
for  original  papers  on  such  subjects  as  may  be  selected  ;  it 
being  a  strict  condition,  that  each  paper  accepted  and  ob- 
taining a  premium,  shall  contain  a  specific  addition  to  the 
sum  of  human  knowledge,  resting  upon  original  investiga- 
tions, and  not  mere  unverified  hypotheses.  The  accepted 
paper  may  be  published  in  the  successive  numbers  of  trans- 
actions, which  may  be  entitled  "  Smithsonian  Contributions 
to  Knowledge."  and  which  your  committee  recommend  to 
be  issued  periodical!}7  or  occasionally,  as  materials  present 
themselves.  The  names  of  the  competitors  for  premiums 
should,  in  all  cases,  remain  unknown  until  the  award  is 
made. 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        935 

A  liberal  price  might  also  be  paid  for  otber  papers  that 
may  be  considered  worthy  of  a  place  in  the  Transactions. 

Again,  as  an  additional  means  of  promoting  increase  of 
knowledge,  special  appropriations  may  occasionally  be  made 
to  institute  definite  lines  of  research  under  the  direction  of 
competent  persons;  after  the  manner,  perhaps,  of  the 
British  Association.  Such  appropriations,  however,  your 
committee  think,  should  be  made  with  great  care ;  for  im- 
portant objects  only,  and  where  there  is  fair  promise  of 
speedy  result ;  and  it  might  be  advisable,  as  an  additional 
guarantee,  that  in  deciding  the  kind  of  research  and  the 
amount  of  money  to  be  appropriated,  the  board  avail 
itself  of  the  suggestions  of  a  council  of  scientific  men. 

In  the  prosecution  of  researches  undertaken  at  the  in- 
stance of  the  Institution,  and  requiring  the  aid  of  valuable 
apparatus,  the  use  of  that  belonging  to  the  institution, 
might  under  proper  regulations,  be  granted. 

This  stimulating  and  cherishing  of  research  in  unexplored 
fields  seems  to  your  committee  the  more  necessary  and 
proper  in  a  country  like  ours,  where  but  few  have  at  com- 
mand that  easy  leisure,  common  in  older  countries,  and 
there  permitting  the  prosecution  of  researches  through  years, 
or  a  lifetime,  without  expectation  or  necessity  of  pecuniary 
return. 

Your  committee  are  aware  that  the  researches  here  recom- 
mended, no  matter  how  intrinsically  important,  demanded 
as  they  are,  too,  by  the  wording  of  the  bequest  which  en- 
dowed our  institution,  will  be  likely,  in  their  inception  and 
first  publication,  to  interest  a  comparatively  small  circle 
only.  The  Transactions  of  the  Institution  can  be  expected 
to  obtain  but  a  limited  circulation.  Not  that  the  discoveries 
there  to  be  presented  are  of  little  intrinsic  importance,  and 
bear  no  practical  fruit;  the  reverse  is  true.  Some  may  be 
immediately  productive;  others  will  include  investigations, 
unproductive  in  themselves  for  the  time,  yet  the  necessary 
preliminaries  to  the  actual  discovery  of  modes  and  forms 
that  become  in  every  day  life,  productive  and  profitable; 
for  invention  is  but  the  practical  application  of  scientific 
results.  But  the  severe  investigations  in  physics  which  ulti- 
mately resulted  in  the  steam  engine  and  the  magnetic  tele- 
graph, inventions  that  are  now  revolutionizing  the  world, 
attracted,  in  their  original  form  the  attention  only  of  the 
strictly  scientific.  To  reach  the  people  generally,  other  and 
further  means  must  be  employed.  And  this  brings  your 
committee  to  speak  of  the  testator's  second  object — 

The  diffusion  of  knowledge  among  men. 


936        PROPOSED   APPLICATIONS   OF   SMITHSON'S    BEQUEST. 

In  connection  with  this  branch  of  Mr.  Smithson's  pur- 
pose, your  committee  are  reminded  of  the  wide-spread  and 
beneficent  influence,  reaching  to  the  remotest  hamlet  and 
the  humblest  hearth,  exerted,  not  in  England  alone,  but  in 
other  and  distant  countries,  by  the  British  "  Society  for  the 
Diffusion  of  Useful  Knowledge,"  its  Scientific  Tracts,  and 
its  Penny  Magazine. 

This  example  indicates  the  most  effectual  mode  of  reach- 
ing the  popular  mind  of  the  world.  Influenced  by  the 
results  of  such  experience,  your  committee  recommend  the 
issuing,  to  such  extent  as  the  funds  of  the  institution  per- 
mit, of  publications,  in  brief  and  popular  form,  on  subjects 
of  general  interest.  They  advise,  also,  that  courses  of  free 
lectures  be  delivered  during  the  session  of  Congivss,  in  the 
lecture  rooms  of  the  institution,  by  its  officers,  or  by  able 
men  in  the  different  branches  of  knowledge,  who  should 
be  invited  for  the  purpose,  and  paid  out  of  the  funds  of  the 
institution.  It  should  also,  your  committee  think,  be  made 
the  duty  of  the  Secretary  and  his  assistants  to  exhibit,  in 
these  lecture  rooms,  at  stated  periods,  experimental  illustra- 
tions of  new  discoveries  in  science,  and  interesting  and 
important  inventions  in  the  arts. 

And,  if  now  or  hereafter  the  funds  of  the  institution  per- 
mit, they  think  it  desirable  that  such  lectures  should  not  be 
restricted  to  Washington,  but  should  be  given  by  lecturers 
selected  by  the  institution,  throughout  the  United  States. 

The  difficulty,  in  this  latter  recommendation,  is  the  great 
expense  that  must  be  incurred  to  procure  the  delivery  of 
such  lectures  by  men  of  suitable  ability,  throughout  every 
section  of  the  Union,  without  preference  or  omission. 

Though  neither  the  bequest  nor  the  charter  restrict  the 
subjects  that  may  be  treated  in  publication  and  lecture,  yet, 
as  the  funds  of  the  institution  are  limited,  and  some  selec- 
tion from  the  vast  range  of  human  subjects  of  inquiry  must 
be  made,  your  committee  recommend,  that,  in  the  first 
place,  the  efforts  of  the  institution  be  chiefly  directed  to  the 
diffusion  of  knowledge  in  tin-  physical  sciences,  in  the  use- 
ful arts,  and  in  the  theory  and  practice  of  public  education. 
They  suggest,  that  the  lectures  and  popular  publications  of 
the  institution  may  usefully  treat,  of  agriculture  and  its 
latest  improvements  ;  of  the  productive  arts  of  life  ;  of  the 
sciences,  and  the  aid  they  bring  to  labor;  of  common- 
school  instruction,  including  the  proper  construction  of 
school  rooms,  the  most  improved  apparatus  for  teaching, 
and  the  most  judicious  management,  moral  and  intellectual, 
of  children  in  common  schools.  They  might  also,  if  suit- 


PROPOSED    APPLICATIONS   OF   SMITHSON'S    BEQUEST.        937 

/able  talent  can  be  enlisted,  treat  of  history,  natural  and 
civil,  including  the  physical  history  of  the  various  races  of 
men,  and  the  gradual  advance  of  each  to  its  present  state 
of  civilization  ;  of  political  economy  in  its  practical  connec- 
tion with  the  every  day  business  of  life ;  and,  generally, 
touch  upon  any  department  of  useful  knowledge  not  strictly 
professional. 

By  such  means,  we  may  reasonably  expect  gradually  to 
stir  up  a  love  of  science  among  those  in  whose  minds,  for 
lack  of  an  awakening  word,  it  now  lies  dormant;  and  by 
directing  the  attention  of  the  people  generally  to  the  rich 
sources  of  knowledge  that  everywhere  exist  around  them 
and  beneath  their  feet,  by  degrees  to  substitute,  for  the 
deleterious  excitements  sought  in  haunts  of  dissipation,  the 
healthful  and  humanizing  interest  to  be  found  in  scientific 
research.  The  inestimable  importance  of  common-school 
education,  and  the  practical  means  of  increasing  and  im- 
proving it,  might  thus  also  be  pressed  home  upon  those 
whose  children  have  often  no  other  means  of  instruction  or 
improvement. 

As  an  additional  means  of  diffusing  knowledge,  your 
committee  suggest  the  publication  of  a  series  of  reports,  to 
be  published  annually  or  ofterier,  containing  a  concise  record 
of  progress  in  the  different  branches  of  knowledge,  com- 
piled from  the  journals  of  all  languages  and  the  transactions 
of  scientific  and  learned  societies  throughout  the  world. 
The  matter  of  these  reports  may  be  furnished  by  collabora- 
tors eminent  in  their  respective  branches  ;  and  these  should 
be  supplied  with  all  the  works  necessary  to  a  proper  execu- 
tion of  their  task,  and  paid  in  proportion  to  their  respective 
labors.  Copies  of  these  Smithsonian  reports  may  be  fur- 
nished to  the  principal  libraries  and  scientific  societies  of 
the  country  free  of  expense,  and  sold  to  individuals  at  a 
small  price. 

Your  committee  beg  leave  here  to  remark,  that  with  the 
limited  annual  income  of  the  institution,  charged  as  it  is 
with  extensive  collections,  to  maintain  which  will  prove  a 
considerable  yearly  drain  on  its  funds,  they  do  not  imagine 
or  propose  that  all  the  recommendations  here  set  down 
should  be  carried  out,  at  least  simultaneously.  These  are 
put  forward  as  objects  which  your  committee  consider 
desirable  and  strictly  within  the  purpose  of  the  bequest. 
Such  as  may  seem  to  the  board  the  most  important  may  be 
first  attempted.  Other  portions  of  the  plan  may  follow  in 
their  turn.  And  experience  will  gradually  sift  out  whatever 
is  most  judicious  and  effective. 


938       PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

Your  committee  are  of  opinion,  that  it  does  not  come- 
properly  within  the  scope  of  our  institution  to  impart  pro- 
fessional education;  and  therefore  they  recommend  no 
school  of  any  of  the  learned  professions,  nor  any  professor- 
ships of  ancient  languages,  or  others  of  similar  character. 
It  is  not,  however,  their  purpose  to  exclude  lectures  of  a 
general  character  on  subjects  connected  with  any  of  these 
professions,  but  only  to  shut  out  those  courses  of  lectures 
which  treat  of  them  in  professional  detail.  The  studies 
referred  to  are  already  provided  for  in  numerous  institutions 
throughout  the  United  States;  and  it  has  been  the  endeavor 
of  your  committee,  not  only  in  this  instance,  but  throughout 
the  entire  plan  here  submitted,  to  occupy,  so  far  as  may  be, 
ground  hitherto  untenanted,  and  ratlin-  to  step  in  where -it 
comes  not  within  the  province  of  other  institutions,  learned 
or  literary,  to  extend  their  efforts,  than  to  compete  with 
them  in  fields  of  labor  peculiarly  their  own. 

The  party  politics  of  the  day,  on  which  men  differ  so- 
widely  and  so  warmly,  should  not,  your  committee  think,. 
enter  among  the  subjects  treated  of  in  any  lecture  or  pub- 
lication put  forth  under  the  sanction  of  the  institution. 
And  they  would  deeply  regret  to  see  party  tests  and  party 
wranglings  obtrude  themselves  on  the  neutral  ground  of 
science  and  education ;  jeoparding,  as  such  intrusion  surely 
would,  the  tranquillity  of  the  institution,  disturbing  the  even 
tenor  of  its  action,  perhaps  assaulting  its  welfare,  certainly 
contracting  the  sphere  of  its  usefulness. 

Your  committee  think  it  important  that  the  institution, 
at  the  time  it  is  first  opened,  should  have  already  in  its 
library  a  collection  of  such  valuable  works  of  reference,  as,, 
in  the  prosecution  of  its  plan,  may  be  required.  In  order 
to  attain  that  object,  your  committee  recommend,  that,  for 
the  present,  twenty  thousand  dollars  be  set  aside  for  the 
purchase  of  books  and  fitting  up  of  the  library. 

An  additional  reason  which  has  induced  your  committee 
to  recommend,  out  of  the  accrued  interest,  so  large  an 
appropriation  at  the  outset,  is,  that  large  annual  appropria- 
tions from  the  accruing  interest,  after  the  institution  is. 
under  way,  are  thereby  rendered  the  less  necessary. 

In  proposing  that,  in  the  building  about  to  be  erected,, 
there  should  be  provided  library  room  sufficient  to  receive 
a  hundred  thousand  volumes,  your  committee  yielded  rather 
to  what  seemed  a  fair  concession  to  the  spirit  of  the  eighth 
section  of  our  charter,  than  to  their  own  deliberate  convic- 
tion that  a  library  of  more  than  half  that  size  could,  with 


PROPOSED   APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

the   present  means  of  our  institution,  advantageously  be 
purchased. 

But,  without  a  vast  accumulation  of  hooks  in  this  metrop- 
olis, your  committee  conceive,  that  the  Librarian  of  the 
Smithsonian  Institution  may,  under  a  proper  system,  become 
a  centre  of  literary  and  bibliographical  reference  for  our 
entire  country.  Your  committee  recommend,  that  the 
librarian  be  instructed  to  procure  catalogues,  written  or 
>rinted,  of  all  important  public  libraries  in  the  United 
states,  and  also,  in  proportion  as  they  can  be  obtained, 
printed  catalogues  of  the  principal  libraries  in  Europe,  and 
the  more  important  works  on  bibliography.  With  these 
beside  him,  he  ma}7  be  consulted  by  the  scholar,  the  student, 
the  author,  the  historian,  from  every  section  of  the  Union, 
arid  will  be  prepared  to  inform  them  whether  any  works 
they  may  desire  to  examine  are  to  be  found  in  the  United 
States,  and,  if  so,  in  what  library ;  or,  if  in  Europe  only, 
in  what  country  of  Europe  they  must  be  sought. 

Informed  by  these  catalogues,  it  will  be  easy,  and  your 
committee  think  desirable,  for  those  who  may  be  charged 
with  the  selection  of  books,  to  make  the  Smithsonian 
Library  chiefly  a  supplemental  one ;  to  purchase,  for  the 
most  part,  valuable  works,  which  are  not  to  be  found  else- 
where in  the  Union ;  thus  carrying  out  the  principle  to 
which  your  committee  has  already  alluded  as  influencing 
all  their  recommendations,  that  it  is  expedient,  as  far  as 
may  be,  to  occupy  untenanted  ground. 

Exceptions  to  this  rule  must  here,  of  course,  be  made ;  as 
in  the  case  of  standard  works  of  reference  required  for  the 
immediate  purposes  of  the  institution,  and  also  of  the  very 
numerous  works,  many  of  current  science,  which,  by  a 
proper  system  of  exchanges,  we  may  procure  without  pur- 
chase. In  this  latter  connection,  the  Transactions  and 
Reports  of  the  institution  will  obtain  for  us  valuable  re- 
turns. 

In  following  out  this  mode  of  collecting  a  library  for  the 
institution,  whenever  a  particular  class  of  works  of  impor- 
tance is  found  to  be  specially  deficient  in  the  libraries  of 
our  country,  the  vacancy  may  be  filled.  The  Librarian 
might  also  procure,  by  entering  into  correspondence  with 
the  librarians  of  other  countries,  any  special  extracts  or 
items  of  information  required  by  students. 

Your  committee  consider  it  inexpedient  to  commence  the 
regular  purchase  of  books,  until  about  a  year  before  the 
time  when  the  building  is  prepared  to  receive  them.  Mean- 
while, lists  and  catalogues  should  be  procured. 


940        PROPOSED    APPLICATIONS   OF   SMITHSON'S    BEQUEST. 

For  the  procurement  of  chemical  and  philosophical  appa- 
ratus, models,  &c.,  your  committee  recommend,  for  the 
present,  an  appropriation  of  four  thousand  dollars.  If  the 
funds  permit,  four  thousand  dollars  more,  your  committee 
think,  might  profitably  be  appropriated  for  this  object 
before  the  opening  of  the  institution. 

Before  concluding  their  report,  your  committee  desire  to 
add  a  few  words  touching  the  duty  and  qualifications  of  one 
of  the  officers  of  the  institution. 

Inasmuch  as  the  Chancellor  of  the  Smithsonian  Institu- 
tion, being  a  regent,  can  receive  no  salary  for  his  services, 
it  results,  almost  necessarily,  that  the  Secretary  should 
become  its  chief  executive  officer.  The  charter  seems  to 
have  intended  that  he  should  occupy  a  \vry  responsible  po- 
sition ;  granting,  as  it  does,  to  the  Secretary,  in  conjunction 
with. the  Chancellor,  the  power  to  determine  tin1  lu-ccssity, 
and  the  amount,  of  appropriations  made  for  the  purposes  of 
the  institution. 

The  office  of  Secretary  must,  in  the  opinion  of  your  com- 
mittee, be  regarded,  not  as  one  to  be  filled  by  any  man 
capable  to  act  as  recording  clerk,  or  to  receive,  with  polite- 
ness, the  visitors  of  the  institution,  or  to  reply,  with  me- 
chanical propriety,  to  its  correspondents ;  but  as  an  office 
on  the  due  administration  of  which  the  executive  efficiency 
of  our  institution  at  home  and  its  reputation  abroad,  mainly 
depend;  an  office,  then,  demanding,  in  its  incumbent, 
weight  of  character  and  a  high  grade  of  talent. 

To  secure  such  stamp  of  talent  as  your  committee  con- 
sider essential  in  a  Secretary  of  the  Smithsonian  Institution, 
it  may  be  necessary  to  attach  to  the  office  a  considerable 
salary.  The  best  talent,  in  any  country,  ever  commands  a 
high  remuneration ;  and  though  money  cannot  always  com- 
mand talent,  it  is,  as  a  general  rule,  one  of  the  elements 
necessary  to  obtain  it.  Inadequate  character  and  qualifica- 
tions are  not  worth  purchasing,  at  any  rate,  no  matter  how 
low.  The  money  spent  to  procure  them  is  utterly  cast 
away. 

Your  committee  think  it  would  be  an  advantage  if  a 
competent  Secretary  could  be  found,  combining  also  the 
qualifications  of  a  professor  of  the  highest  standing  in  some 
branch  of  science.  If  to  these  be  added  efficiency  as  an 
executive  officer  and  a  knowledge  of  the  world,  we  may 
hope  to  see  filling  this  distinguished  post  a  man,  who,  when 
brought  into  communication  with  distinguished  men  and 
societies  in  this  and  other  countries,  shall  be  capable,  aa 
representative  of  the  Smithsonian  Institution,  to  reflect 


PROPOSED   APPLICATIONS   OF   SMITHSOU'S   BEQUEST.       941 

honor  on  the  office,  not  requiring  to  borrow  distinction 

fr°Your  committee  will  not  withhold  their  opinion,  that 
upon  the  choice  of  this  single  officer  more  probably  ;  than 
on  any  one  other  act  of  the  board,  will  depend  the  future 
°ood  name  and  success  and  usefulness  of  the  Smithsonian 

A  ririilar  view,  your  committee  believe,  has  been  taken 
of  this  matter  by  the  principal  scientific  societies  through  i- 
out  the  world.  Newton  disdained  not  to  answer  at  much 
length,  the  friendly  and  able  criticisms  on  some  ot  his  the- 
ories addressed  to  him  by  Oldenburg,  first  Secretary  of  the 
London  Royal  Society;  and  the  name  of  Arago,  Secretary 
of  the  Academy  of  Sciences,  of  Paris,  is  known  and  hon- 
ored wherever  science  extends  her  sway. 

All  which  is  respectfully  WWlg^  ^  QwEN) 

Chairman. 

The  following  resolutions,  appended  to  the  report  of  the 
committee  and"  recommended  for  adoption,  were,  after  de- 
bate, passed  by  the  board  : 

and  important  inventions  in  the  arts. 


Besides  the  above  resolutions,  originally  reported  by  the 
Committee  on  Organization,  the  following  additional  resolu- 
Sns  submitted  by  a  member  of  the  Committee  on  Orgam- 
7ation  as  a  compromise  between  two  great  conflicting 
opinTo'ns^were  adopted  by  the  committee,  and  passed  by 
the  board  : 


942       PROPOSED    APPLICATIONS    OF    SMITHSOX'S    BEQUKST. 

Resolved,  That  it  is  the  intention  of  the  act  of  Congress  establishing  th-i 
institution,  and  in  accordance  with  the  design  of  Mr.  Sraithson,  as  expressed 
in  his  will,  that  one  of  the  principal  modes  of  executing  the  act  and  th" 
trust,  is  the  accumulation  of  collections  of  specimens  and  objects  of  natural 
history  and  of  elegant  art,  and  the  gradual  formation  of  a  library  of  valua- 
ble works  pertaining  to  all  departments  of  human  knowledge,  to  the  end 
that  a  copious  storehouse  of  materials  of  science,  literature,  and  art,  may 
be  provided,  which  shall  excite  and  diffuse  the  love  of  learning  among  men, 
and  shall  assist  the  original  investigations  and  efforts  of  those  who  may  de- 
vote themselves  to  the  pursuit  of  any  branch  of  knowledge. 

Resolved,  That,  for  the  purpose  of  carrying  into  effect  the  two  principal 
modes  of  executing  the  act  and  trust  pointed  out  in  the  resolutions  herewith 
submitted,  the  permanent  appropriations  out  of  the  accruing  interest  shall, 
so  soon  as  the  buildings  are  completed,  be  annually  as  follows,  that  is  to  say  : 

First.  For  the  formation  of  a  library  composed  of  valuable  works  per- 
taining to  all  departments  of  useful  knowledge,  and  for  the  procuring, 
arranging,  and  preserving  of  the  various  collections  of  the  institution,  as 
well  of  natural  history  and  objects  of  foreign  and  curious  research  and  of 
elegant  art,  as  others,  including  salaries  and  all  other  general  expenses  con- 
nected with  the  same,  excepting  those  of  the  first  ounpl.-t.'  arrangement  of 
all  such  collections  and  objects  as  now  belong  to  the  United  States,  in  the 
museum  of  the  institution,  when  completed,  together  with  one-halt'  of  the 
salary  of  the  Secretary,  the  sum  of  fifteen  thousand  dollars. 

Secondly.  For  the  preparation  and  publication  of  transactions,  reports, 
and  all  other  publications  of  the  institution,  including  appropriations  for 
original  researches,  and  premiums  for  original  papers;  for  the  delivery  of 
all  lectures  and  payment  of  all  lecturers  ;  and  for  all  general  expenses  con- 
nected with  said  lectures  and  publications,  together  with  one-hull'  of  the  >al- 
ary  of  the  Secretary,  the  remainder  of  the  annually  accruing  interest  :*  it 
being  understood  that  all  general  und  incidental  expense^  not  specially  con- 
nected with  either  of  the  above  two  great  divisions  of  the  plan  of  tin-  insti- 
tution, shall  be  equally  divided  between  them. 

Resolved,  That  it  is  the  opinion  and  intention  of  the  board,  that  in  the  ap- 
propriation for  the  objects  of  the  institution  of  any  surplu.-  of  accrued 
interest  which  may  remain  after  the  completion  of  the  buildings  of  the  in- 
stitution, an  equal  division  shall  be  made  between  the  two  great  branches; 
that  is  to  say,  one-half  shall  be  appropriated  to  the  library  und  museum 
fund,  and  the  other  half  to  the  fund  for  original  research,  publications,  and 
lectures ;  and  that,  in  regard  to  all  other  funds  hereafter  to  accrue  to  the 
institution,  the  same  division  be  made. 

In  accordance  with  the  above  plan  of  organization,  and 
tending  to  carry  out  its  details,  the  following  resolutions, 
submitted  by  the  committee,  were  adopted  by  the  board : 

Resolved,  That,  for  the  present,  out  of  the  interest  accruing  to  the  institu- 
tion, the  sum  of  twenty  thousand  dollars  be,  and  the  same  is  hereby,  appro- 
priated, for  the  purchase  of  books  and  the  gradual  fitting  up  of  a  library, 
and  all  other  incidental  expenses  relating  to  the  library  except  the  salaries 
of  the  librarian  or  librarians  ;  the  said  appropriation  to  commence  from  the 
first  of  January,  eighteen  hundred  and  forty-eight. 

Resolved,  That  the  portion  of  the  building  to  be  for  the  present  set  apart 
for  a  library  be  of  sufficient  capacity  to  contain  not  less  than  one  hundred 
thousand  volumes ;  and  that  it  is  desirable  that  the  plan  should  be  such  as 
to  render  an  extension  practicable,  if  hereafter  desired. 

Resolved,  That,  for  the  present,  the  sum  of  four  thousand  dollars,  out  of 
the  interest  accruing  to  the  institution,  be  appropriated,  for  the  purchase  of 

*The  annual  amount  appropriated  by  this  clause  is  fifteen  thousand  nine  hundred  and 
ten  dollars. 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.        943 

philosophical  and  ahemical  apparatus,  models,  &c. ;  the  said  appropriation  to 
•commence  on  the  first  day  of  January  next. 

Resolved,  That  the  Secretaries  of  State,  of  the  Treasury,  of  War,  and  of 
the  Navy  of  the  United  States,  be  respectfully  invited  to  furnish  to  con- 
suls and  other  public  officers,  in  this  and  foreign  countries,  under  their  res- 
pective departments,  such  suggestions  as  they  may  deem  proper,  in  regard 
to  the  procurement,  as  opportunity  offers,  of  additions  to  the  museum  of  the 
institution,  especially  to  its  ethnological  department ;  that  three  hundred 
copies  of  this  report,  when  printed,  be  placed  at  the  disposal  of  each  of  the 
above-named  Secretaries,  as  an  explanation  to  these  public  functionaries  of 
the  views  of  the  institution  in  regard  to  a  museum ;  and  that  five  hundred 
•dollars  be,  and  the  same  is  hereby,  appropriated,  out  of  the  accruing  interest, 
to  pay  transportation,  or  other  expenses  connected  with  the  transmission 
from  foreign  parts  to  Washington,  of  any  collections  thus  made.  And  to 
such  contributions,  when  placed  in  the  museum,  the  name  of  the  officer 
obtaining  and  forwarding  the  same  shall,  in  all  cases,  be  appended. 

Resolved,  That  the  Secretary  of  War  be  respectfully  invited  to  furnish  to 
the  Commissioner  of  Indian  Affairs  such  suggestions  as  he  may  deem  proper 
regarding  the  procurement,  from  the  Indian  country,  of  collections  for  the 
museum  of  the  Smithsonian  Institution,  illustrating  the  natural  history  of 
the  country,  and,  more  especially,  the  physical  history,  manners,  and 
customs  of  \he  various  tribes  of  aborigines  on  the  North  American  Conti- 
nent ;  that  one  hundred  copies  of  this  report,  when  printed,  be  placed  at 
his  disposal,  as  a  means  of  informing  the  various  Indian  Agents  of  the 
special  character  of  the  collections  desired ;  and  that  the  sums  of  five 
hundred  dollars  be,  and  the  same  is  hereby,  annually  appropriated,  out  of 
the  accruing  interest  of  the  Smithsonian  Institution,  for  the  procurement 
and  transportation  of  such  Indian  collections ;  and,  when  placed  in  the 
museum,  there  shall  be  appended  to  each  the  name  of  the  agent  through 
whom  the  same  may  be  procured. 

Resolved,  That  the  public  generally  be  invited  to  furnish  contributions  to 
the  museum  of  the  Smithsonian  Institution,  and  that  all  such  contributions, 
when  considered  worthy  of  a  place,  shall  be  labelled  with  the  name  and 
residence  of  the  donor. 

And,  previous  to  the  election  of  a  Secretary,  the  following 
resolution,  submitted  by  the  committee,  was  adopted  by  the 
board : 

Resolved,  That  it  is  essential  for  the  advancement  of  the  proper  interests 
of  the  trust,  that  the  Secretary  of  the  Smithsonian  Institution  be  a  man 
possessing  weight  of  character  and  a  high  grade  of  talent ;  and  that  it  is 
further  desirable  that  he  possess  eminent  scientific  and  general  acquire- 
ments :  that  he  be  a  man  capable  of  advancing  science  and  promoting  letters 
by  original  research  and  effort,  well  qualified  to  act  as  a  respected  channel 
of  communication  between  the  institution  and  scientific  and  literary  indi- 
viduals and  societies  in  this  and  foreign  countries ;  and,  in  a  word,  a  man 
worthy  to  represent,  before  the  world  of  science  and  of  letters,  the  institution 
:>ver  which  this  board  presides. 


PROGRAMME  OF  ORGANIZATION   OF   THE  SMITHSO- 
NIAN INSTITUTION. 

[Presented  to  the  Board  of  Regents,  December  8,  1847.] 


BY  PROFESSOR  JOSEPH  HENRY. 


INTRODUCTION. 

General  considerations  which  should  serve  as  a  guide  in  adopting  a  plan  of 

organization. 

1.  WILL  OF  SMITHSON.     The  property  is  bequeathed  to  the  United  States 
of  America,  "to  found  at  Washington,  under  the  name  of  the  Smithsonian 
Institution,  an  establishment  for  the  increase  and  diffusion  of  knowledge 
among  men." 

2.  The  bequest  is  for  the  benefit  of  mankind.     The  government  of  tho 
United  States  is  merely  a  trustee  to  carry  out  the  design  of  the  testator. 

3.  The  institution  is  not  a  national  establishment,  as  is  frequently  sup- 
posed, but  the  establishment  of  an  individual,  and  is  to  bear  and  perpetuate 
his  name. 

4.  The  objects  of  the  institution  are  —  1st,  to  increase,  and  2d,  to  diffuse 
knowledge  among  men. 

6.  These  two  objects  should  not  be  confounded  with  one  another.  The 
first  is  to  increase  the  existing  stock  of  knowledge  by  the  addition  of  now 
truths ;  and  the  second  to  disseminate  knowledge,  thus  increased,  among 
men. 

6.  The  will  makes   no  restriction   in  favor  of  any  particular   kind  of 
knowledge ;  hence  all  branches  are  entitled  to  a  share  of  attention. 

7.  Knowledge  can  be  increased  by  different  methods  of  facilitating  and 
promoting  the  discovery  of  new  truths,  and  can  be  most  efficiently  diffused 
among  men  by  means  of  the  press. 

8.  To  effect  the  greatest  amount  of  good,  the  organization  should  be  such 
as  to  enable  the  institution  to  produce  results  in  the  way  of  increasing  and 
diffusing  knowledge,  which  cannot  be  produced  by  the  existing  institutions 
in  our  country. 

9.  The  organization  should  also  be  such  as  can  be  adopted  provisionally, 
can  be  easily  reduced  to  practice,  receive  modifications,  or  be  abandoned,  in 
whole  or  in  part,  without  a  sacrifice  of  the  funds. 

10.  In  order  to  make  up  for  the  loss  of  time  occasioned  by  the  delay  of 
eight  years  in  establishing  the  institution,  a  considerable  portion  of  the  in- 
terest which  has  accrued  should  be  added  to  the  principal. 

11.  In  proportion  to  the  wide  fields  of  knowledge  to  be  cultivated,  the 
funds  are  small.     Economy  should  therefore  be  consulted  in  the  construc- 
tion of  the  building;  and  not  only  should  the  first  cost  of  the  edifice  be 
considered,  but  also  the  continual  expense  of  keeping  it  in  repair,  and  of  the 
support  of  the  establishment  necessarily  connected  with  it.     There  should 
also  be  but  few  individuals  permanently  supported  by  the  institution. 

12.  The  plan  and  dimensions  of  the  building  should  be  determined  by  the 
plan  of  organization,  and  not  the  converse. 

13.  It  should  be  recollected  that  mankind  in  general  are  to  be  benefited 
by  the  bequest,  and  that,  therefore,  all  unnecessary  expenditure  on  local 
objects  would  be  a  perversion  of  the  trust. 

14.  Besides  the  foregoing  considerations,  deduced  immediately  from  the 
will  of  Smithson,  regard  must  be  had  to  certain  requirements  of  the  act  of 

944 


PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST.        945 

Congress  establishing  the  institution.     These  are  a  library,  a  museum,  and  a 
gallery  of  art,  with  a  building  on  a  liberal  scale  to  contain  them. 

SECTION  I. 

Plan  of  organization  of  the  institution,  in   accordance  with  the  foregoing 
deductions  from  the  will  of  Smithson. 

To  INCREASE  KNOWEDGE.     It  is  proposed — 

1.  To  stimulate  men  of  talent  to  make  original  researches,  by  offering 
suitable  rewards  for  memoirs  containing  new  truths ;  and, 

2.  To  appropriate  annually  a  portion  of  the  income  for  particular  re- 
searches, under  the  direction  of  suitable  persons. 

To  DIFFUSE  KNOWLEDGE.     It  is  proposed — 

1.  To  publish  a  series  of  periodical  reports  on  the  progress  of  the  different 
branches  of  knowledge  ;  and, 

2.  To  publish  occasionally  separate  treatises  on  subjects  of  general  in- 
terest. 

DETAILS   OF   THE   PLAN   TO   INCREASE   KNOWLEDGE. 

I.  By  stimulating  researches. 

1.  Eewards,  consisting  of  money,  medals,  &c.,  offered  for  original  me- 
moirs on  all  branches  of  knowledge. 

2.  The  memoirs  thus  obtained  to  be  published  in  a  series  of  volumes,  in 
a  quarto  form,  and  entitled  "  Smithsonian  Contributions  to  Knowledge." 

3.  No  memoir,  on  subjects  of  physical  science,  to  be  accepted  for  publica- 
tion, which  does  not  furnish  a  positive  addition  to  human  knowledge  resting 
on  original  research ;  and  all  unverified  speculations  to  be  rejected. 

4.  Each  memoir  presented  to  the  institution  to  be  submitted  for  examina- 
tion to  a  commission  of  persons  of  reputation  for  learning  in  the  branch  to 
which  the  memoir  pertains,  and  to  be  accepted  for  publication  only  in  case 
the  report  of  this  commission  is  favorable. 

5.  The  commission  to  be  chosen  by  the  officers  of  the  institution,  and  the 
name  of  the  author,  as  far  as  practicable,  concealed,  unless  a  favorable  deci- 
sion be  made. 

6.  The  volumes  of  the  memoirs  to  be  exchanged  for  the  Transactions  of 
literary  and  scientific  societies,  and  copies  to  be  given  to  all  the  colleges  and 
principal  libraries  in  this  country.     One  part  of  the  remaining  copies  may 
be  offered  for  sale ;  and  the  other  carefully  preserved,  to  form  complete  sets 
of  the  volumes,  to  supply  the  demand  from  new  institutions. 

7.  An  abstract,  or  popular  account,  of  the  contents  of  these  memoirs  to 
be  given  to  the  public  through  the  annual  report  of  the  Regents  to  Congress. 

II.  By  appropriating  a  portion  of  the  income,  annually,  to  special  objects 
of  research,  under  the  direction  of  suitable' persons. 

1.  The  objects,  and  the  amount  appropriated,  to  be  recommended  by 
counsellors  of  the  institution. 

2.  Appropriations  in  different  years  to  different  objects;  so  that  in  course 
of  time,  each  branch  of  knowledge  may  receive  a  share. 

3.  The  results  obtained  from  these  appropriations  to  be  published,  with  the 
memoirs  before  mentioned,  in  the  volumes  of  the  Smithsonian  Contributions 
to  Knowledge. 

4.  Examples  of  objects  for  which  appropriations  may  be  made. 

(1.)  System  of  extended  meteorological  observations,  for  solving  the 
problem  of  American  storms. 

(2.)  Explorations  in  descriptive  natural  history,  and  geological,  mag- 
nctical  and  topographical  surveys,  to  collect  materials  for  the  formation  of 
a  Physical  Atlas  of  the  United  States. 

(3.)  Solution  of  experimental  problems,  such  as  a  new  determination  of 


946        PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

the  weight  of  the  earth,  of  the  velocity  of  electricity  :nul  of  light ;  chemical 
analyses  of  soils  and  plants;  collection  and  publication  of  article-  of  science, 
accumulated  in  the  offices  of  government. 

(4.)  Institution  of  statistical  inquiries  with  reference  to  physical,  moral, 
and  political  subjects. 

(").)  Historical  researches,  and  accurate  survey-  ,,f  places  celebrated  in 
American  history. 

(6.)  Ethnological  researches,  particularly  with  reference  to  tin-  different 
races 'of  men  in  North  America;  also  explorations  and  accurate  surveys  of 
the  mounds  and  other  remain-  «.f  the  ancient  people  of  our  country. 

DETAILS   OF   THE   PLAN    FOR   DIFFUSING   KNOWLKD- .  K. 

I.  By  the  publication  <>f  a  series  of  reports,  <tir!n</  <m  <i<-,;,>t,,f  ,,/'  ////•  new 

discoveries  in  science,  and  of  the  changes  in<i<lr  /'/ •<,),<  n«ir  /<,  >/,</,-  in  all 
brtit«:ln*  ';/'  l;n<nrlril<jr  ,,<,f  xfrirf'i/  jH'ut'cxx- 

1.  These  reports  will  ditl'u-e  a   kind  of  knowledge  grin-rally  i 
l>ut  which,  at  present,  is  inaccettible  to  the.  public.    Some  of  tin- 
may  be  published  annually,  others  at  longer  intervals,  as  the  income  of  the 
institution,  or  the  change-  in  tin-  branches  of  knowledge,  may  indicate. 

'2.  The  reports  are  to  br  prrpan-d  by  collaborators,  miim-nt  in  tin-  dif- 
i'rrnit  brancho<  of  knowledge. 

:!.  Kach  collaltorator  t<>  be  l'nrni-hr<l  \vitb  tin-  journals  and  publication^, 
doiin-stic  and  foreign,  nccosary  to  tin-  compihition  of  bis  report;  to  be 
paid  a  certain  sum  for  hi-  labor-,  and  to  be  named  on  tin-  title-page  of  tin- 
report. 

!.  The  reports  to  be  published  in  separate  parts,  so  that  persons  intere-te< I 
in  a  particular  branch  can  procure  the  parts  relating  to  it,  without  pur- 
cba.-ing  the  whole. 

">.  The-c  reports  may  be  presented  to  Congress,  for  partial  distribution: 
the  remaining  copies  to  be  given  to  literary  and  scientific  institutions,  and 
sold  to  individuals  for  a  moderate  price. 

The  following  are   some   of   the  subjects  wh'n-1,    ///////   In-   rml>r<n:ed  in   the 

reports. 

I.    PHYSICAL    CLASS. 

1.  Physics,  including  astronomy,  natural    philosophy,   chemistry,   and 
meteorology. 

2.  Natural  history,  including  botany,  zoology,  geology,  &c. 

3.  Agriculture. 

4.  Application  of  science  to  arts. 

II.    MORAL    AND   POLITICAL   CLASS. 

5.  Ethnology,  including  particular  history,  comparative  philology,  an- 
tiquities, &c. 

6.  Statistics  and  political  economy. 

7.  Mental  and  moral  philosophy. 

8.  A  survey  of  the  political  events  of  the  world  ;  penal  reform,  &c. 

III.    LITERATURE    AND    THE    FINE   ARTS. 

9.  Modern  literature. 

10.  The  fine  arts,  and  their  application  to  the  useful  arts. 

II.  Bibliography. 

12.  Obituary  notices  of  distinguished  individuals. 

II.  By  the  Publication  of  separate  treatises  on  subjects  of  general  interest. 

1.  These  treatises  may  occasionally  consist  of  valuable  memoirs,  trans- 
lated from  foreign  languages,  or  of  articles  prepared  under  the  direction  of 


PROPOSED    APPLICATIONS    OF   SMITHSON's    BEQUEST.        947 

the  institution,  or  procured  by  offering  premiums  for  the  best  exposition  of 
a  given  subject. 

2.  The  treatises  should  in  all  cases  be  submitted  to  a  commission  of  com- 
petent judges  previous  to  their  publication. 

3.  As  examples  of   these  treatises,  expositions  may  be  obtained  of  the 
present  state  of  the  several  branches  of  knowledge  mentioned  in  the  table 
of  reports.     Also  of  the  following  subjects,  suggested  by  the  Committee  on 
Organization,  viz  :  the  statistics  of  labor,  the  productive  arts  of  life,  public 
instruction,  &c. 

SECTION  II. 

Plan  of  organization,  in  accordance  with  the  terms  of  the  resolutions  of  the 
Board  of  Regents ,  providing  for  the  two  modes  of  increasing  and  diffusing 
knowledge. 

1.  The  act  of  Congress  establishing  the  institution  contemplated  the  for- 
mation of  a  library  and  a  museum  ;  and  the  Board  of  Eegents,  including 
these  objects  in  the  plan  of  organization,  resolved  to  divide  the  income  into 
two  equal  parts. 

2.  One   part   to  be   appropriated  to  increase  and  diffuse  knowledge  by 
means  of  publications  and  researches,  agreeably  to  the  scheme  before  given. 
The  other  part  to  be  appropriated  to  the  formation  of  a  library  and  a  collec- 
tion of  objects  of  nature  and  of  art. 

3.  These  two  plans  are  not  incompatible  with  one  another. 

4.  To  carry  out  the  plan  before  described,  a  library  will  be  required,  con- 
sisting, 1st,  of  a  complete  collection  of  the  transactions  and  proceedings  of 
all  the  learned  societies  in  the  world ;  2d,  of  the  more  important  current 
periodical  publications,  and  other  works  necessary  in  preparing  the  periodi- 
cal reports. 

5.  The  institution  should  make  special  collections,  particularly  of  objects 
to  verify  its  own  publications. 

6.  Also  a  collection  of  instruments  of  research  in  all  branches  of  experi- 
mental science. 

7.  With  reference  to  the  collection  of  books,  other  than  those  mentioned 
above,  catalogues  of  all  the  different  libraries  in  the  United  States  should  be 
procured,  in  order  that  the  valuable  books  first  purchased  may  be  such  as 
are  not  to  be  found  in  the  United  States. 

8.  Also  catalogues  of  memoirs,  and  of  books   in  foreign  libraries,  and 
other  materials,  should  be  collected  for  rendering  the  institution  a  centre  of 
bibliographical  knowledge,  whence  the  student  may  be  directed  to  any  work 
which  he  may  require. 

9.  It  is  believed  that  the  collections  in  natural  history  will  increase  by 
donation  as  rapidly  as  the  income  of  the  institution  can  make  provision  for 
their  reception,  and  therefore  it  will  seldom  be  necessary  to  purchase  any 
articles  of  this  kind. 

10.  Attempts  should  be  made  to  procure  for  the  gallery  of  art  casts  of  the 
most  celebrated  articles  of  ancient  and  modern  sculpture. 

11.  The  arts  may  be  encouraged  by  providing  a  room,  free  of  expense, 
for  the  exhibition  of  the  objects  of  the  Art-Union  and  other  similar  societies. 

12.  A  small  appropriation  should  annually  be  made  for  models  of  anti- 
quities, such  as  those  of  the  remains  of  ancient  temples,  &c. 

13.  For  the  present,  or  until  the  building  is  fully  completed,  besides  the 
Secretary,  no  permanent  assistant  will  be  required,  except  one,  to  act  us 
librarian. 

14.  The  duty  of  the  Secretary  will  be  the  general  superintendence,  with 
the  advice  of  the  Chancellor  and  other  members  of  the  establishment,  of  the 
literary  and  scientific  operations  of  the  institution ;  to  give  to  the  Regents 
annually  an  account  of  all  of  the  transactions ;  of  the  memoirs  which  have 
been  received  for  publication;  of  the  researches  which  have  been  made; 
und  to  edit,  with  the  assistance  of  the  librarian,  the  publications  of  the 
institution. 


948 


PROPOSED   APPLICATIONS   OF   SMITHSON'S    BEQUEST. 


15.  The  duty  of  the  Assistant  Secretary,  acting  as  librarian,  will  be,  for 
the  present,  to  assist  in  taking  charge-  of  the  collections,  to  select  and  pur- 
chase, under  the  direction  of  the  Secretary  and  a  committee  of  the  board, 
books  and  catalogues,  and  to  procure  the  information  before  mentioned ;  to 
give  information  on  plans  of  libraries,  and  to  assist  the  Secretary  in  editing 
the  publications  of  the  institution  and  in  the  other  duties  of  his  office. 

16.  The  Secretary  and  his  assistants,  during  the  session  of  Congress,  will 
be  required  to  illustrate  new  discoveries  in   science,  and  to  exhibit  new 
objects  of  art;  also  distinguished  individuals  should  be  invited  to  give  lec- 
tures on  subjects  of  general  interest. 

17.  When  the  building  is  completed,  and  when,  in  accordance  with  the 
act  of  Congress,  the  charge  of  the  National  Museum  is  given  to  the  Smith- 
sonian Institution,  other  assistants  will  be  required. 


Explanation  and  illustration  of  the  programme. 

In  accordance  with  my  instructions,  I  consulted  with  men 
of  eminence,  in  the  different  branches  of  literature  and 
science,  relative  to  the  details  of  the  plan  of  organization, 
and  arranged  the  various  suggestions  offered,  in  the  form  of 
the  accompanying  programme.  This,  after  having  been 
submitted  to  a  number  of  persons  in  whose  knowledge  and 
judgment  I  have  confidence,  is  now  presented  to  the  board, 
with  the  concurrence  of  the  Committee  on  Organization, 
for  consideration  and  provisional  adoption.  I  regret  that 
my  engagements  have  been  such  as  to  render  it  impossible 
for  me  to  call  upon  many  persons  whose  counsel  would  have 
been  valuable,  but  I  hope  hereafter  to  avail  myself  of  their 
advice  in  behalf  of  the  institution.  I  also  regret  that.  I 
could  not  give  the  names  of  those  whose  suggestions  have 
been  adopted  in  the  programme ;  the  impossibility  of  ren- 
dering justice  to  all,  has  prevented  my  attempting  this. 
Many  of  the  suggestions  have  been  offered  by  different  per- 
sons, independently  of  each  other  ;  and,  indeed,  the  general 
plan  of  the  increase  and  diffusion  of  knowledge  as  adopted 
by  the  board,  is  such  as  would  naturally  arise  in  the  mind 
of  any  person  conversant  with  the  history  of  physical 
science,  and  with  the  means  usually  employed  for  its  exten- 
sion and  diffusion. 

The  introduction  to  the  programme  contains  a  series  of 
propositions,  suggested  by  a  critical  examination  of  the 
will  of  Smithson,  to  serve  as  a  guide  in  judging  of  the  fit- 
ness of  any  proposed  plan  for  carrying  out  the  design  of 
the  testator.  The  first  section  of  the  programme  gives  the 
details  of  the  plan  proposed  for  the  increase  and  diffusion 
of  knowledge  by  means  of  publication  and  original  re- 
searches. The  second  section  furnishes  the  details,  so  far 
as  they  can  be  made  out  at  the  present  time,  of  the  forma- 


PROPOSED    APPLICATIONS    OF   SMITHSON?8   BEQUEST.       749 

tion  of  a  library,  and  a  collection  of  objects  of  nature  and 
art.  These  two  plans  combined,  embrace  the  general  prop- 
ositions adopted  by  the  Board  of  Regents  at  their  last  meet- 
ing, as  the  basis  of  future  operations.  It  is  intended  in  the 
proposed  plan  to  harmonize  the  two  modes  of  increasing 
and  diffusing  knowledge,  and  to  give  to  the  institution  the 
widest  influence  compatible  with  its  limited  income.  That 
all  the  propositions  will  meet  with  general  approval  cannot 
be  expected ;  and  that  this  organization  is  the  best  that 
could  be  devised  is  neither  asserted  nor  believed.  To  pro- 
duce a  priori  a  plan  of  organization  which  shall  be  found 
to  succeed  perfectly  in  practice,  and  require  no  amendment, 
would  be  difficult  under  the  most  favorable  circumstances, 
and  becomes  almost  impossible  where  conflicting  opinions 
are  to  be  harmonized,  and  the  definite  requirements  of  the 
act  establishing  the  institution  are  to  be  observed.  It  is 
not  intended  that  the  details  of  the  organization,  as  given 
in  the  programme,  should  be  permanently  adopted  without 
careful  trial ;  they  are  rather  presented  as  suggestions  to  be 
adopted  provisionally,  and  to  be  carried  into  operation 
gradually  and  cautiously,  with  such  changes,  from  time  to 
time,  as  experience  may  dictate. 

Though  the  leading  propositions  of  the  programme  have 
been  fully  discussed  by  the  board,  yet  it  will  be  important 
to  offer  some  remarks  in  explanation  and  illustration  of 
them  in  their  present  connection. 

That  the  institution  is  not  a  national  establishment,  in 
the  sense  in  which  institutions  dependent  on  the  Govern- 
ment for  support  are  so,  must  be  evident  when  it  is  recol- 
lected that  the  money  was  not  absolutely  given  to  the 
United  States,  but  intrusted  to  it  for  a  special  object, 
namely:  the  establishment  of  an  institution  for  the  benefit 
of  men,  to  bear  the  name  of  the  donor,  and,  consequently, 
to  reflect  upon  his  memory  the  honor  of  all  the  good  which 
may  be  accomplished  by  means  of  the  bequest.  The  oper- 
ations of  the  Smithsonian  Institution  ought,  therefore,  to  be 
mingled  as  little  as  possible  with  those  of  the  Government, 
and  its  funds  should  be  applied  exclusively  and  faithfully  to 
the  increase  and  diffusion  of  knowledge  among  men. 

That  the  bequest  is  intended  for  the  benefit  of  men  in 
general,  and  that  its  influence  ought  not  to  be  restricted  to 
a  single  district,  or  even  nation,  may  be  inferred  not  only 
from  the  words  of  the  will,  but  also  from  the  character  of 
Smithson  himself;  and  I  beg  leave  to  quote,  from  a  scrap 
of  paper  in  his  own  hand,  the  following  sentiment  bearing 
on  this  point :  "  The  man  of  science  has  no  country ;  the 


950       PROPOSED   APPLICATIONS    OF   SMITHSOITS   BEQUEST. 

world  is  his  country — all  men,  his  countrymen."  The 
origin  of  the  funds,  the  bequest  of  a  foreigner,  should  also 
preclude  the  adoption  of  apian  which  does  not,  in  the  words 
of  Mr.  Adams,  "  spread  the  benefits  to  be  derived  from  the 
institution  not  only  over  the  whole  surface  of  this  Union, 
but  throughout  the  civilized  world."  "  Mr.  Smithson's  rea- 
son for  fixing  the  seat  of  this  institution  at  Washington 
obviously  was,  that  there  is  the  seat  of  government  of  the 
United  States,  and  there  the  Congress  by  whose  legislation, 
and  the  Executive  through  whose  agency,  the  trust  commit- 
ted to  the  honor,  intelligence,  and  good  faith  of  the  nation, 
is  to  be  fulfilled."  The  centre  of  operations  being  perma- 
nently fixed  at  Washington,  the  character  of  this  city  for 
literature  and  science  will  be  the  more  highly  exalted  in  pro- 
portion as  the  influence  of  the  institution  is  more  widely 
diffused. 

That  the  terms  increase  and  diffusion  of  knowledge  are 
logically  distinct,  and  should  be  literally  interpreted  with 
reference  to  the  will,  must  be  evident  when  we  reflect  that 
they  are  used  in  a  definite  sense,  and  not  as  mere  synonyms, 
by  all  who  are  engaged  in  the  pursuits  to  which  Smithson 
devoted  his  life.  In  England  there  are  two  classes  of  insti- 
tutions, founded  on  the  two  ideas  conveyed  by  these  terms. 
The  Royal  Society,  the  Astronomical,  the  Geological,  the 
Statistical,  the  Antiquarian  Societies,  all  have  for  their  object 
the  increase  of  knowledge  ;  while  the  London  Institution, 
the  Mechanics'  Institution,  the  Surrey  Institution,  the  Soci- 
ety for  the  Diffusion  of  Religious  Knowledge,  the  Society 
for  the  Diffusion  of  Useful  Knowledge,  are  all  intended  to 
diffuse  and  disseminate  knowledge  among  men.  In  our 
own  country,  also,  the  same  distinction  is  observed  in  the 
use  of  the  terms  by  men  of  science.  Our  colleges,  acade- 
mies, and  common  schools,  are  recognized  as  institutions 
partially  intended  for  the  diffusion  of  knowledge,  while  the 
express  object  of  some  of  our  scientific  societies  is  the  pro- 
motion of  the  discovery  of  new  truths. 

The  will  makes  no  restriction  in  favor  of  any  particular 
kind  of  knowledge;  though  propositions  have  been  fre- 
quently made  for  devoting  the  funds  exclusively  to  the  pro- 
motion of  certain  branches  of  science  having  more  imme- 
diate application  to  the  practical  arts  of  life,  and  the  adoption 
of  these  propositions  has  been  urged  on  the  ground  of  the 
conformity  of  such  objects  to  the  pursuits  of  Smithson  ;  but 
an  examination  of  his  writings  will  show  that  he  excluded 
from  his  own  studies  no  branch  of  general  knowledge,  and 
that  he  was  fully  impressed  with  the  important  philoso* 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.       951 

phical  fact  that  all  subjects  of  human  thought  relate  to  one 
great  system  of  truth.  To  restrict,  therefore,  the  operations 
of  the  institution  to  a  single  science  or  art,  would  do  injustice 
to  the  character  of  the  donor,  as  well  as  to  the  cause  of  gen- 
eral knowledge.  If  preference  is  to  be  given  to  any  branches 
of  research,  it  should  be  to  the  higher  and  apparently  more 
abstract;  to  the  discovery  of  new  principles  rather  than  of 
isolated  facts.  And  this  is  true  even  in  a  practical  point  of 
view.  Agriculture  would  have  forever  remained  an  empir- 
ical art,  had  it  not  been  for  the  light  shed  upon  it  by  the 
atomic  theory  of  chemistry;  and  incomparably  more  is  to 
be  expected  as  to  its  future  advancement  from  the  perfec- 
tion of  the  microscope  than  from  improvements  in  the 
ordinary  instruments  of  husbandry. 

The  plan  of  increasing  and  diffusing  knowledge,  pre- 
sented in  the  first  section  of  the  programme,  will  be  found 
in  strict  accordance  with  the  several  propositions  deduced 
from  the  will  of  Smithson,  and  given  in  the  introduction. 
It  embraces,  as  a  leading  feature,  the  design  of  interesting 
the  greatest  number  of  individuals  in  the  operations  of  the 
institution,  and  of  spreading  its  influence  as  widely  as  pos- 
sible. It  forms  an  active  organization,  exciting  all  to  make 
original  researches  who  are  gifted  with  the  necessary  power, 
and  diffusing  a  kind  of  knowledge,  now  only  accessible  to 
the  few,  among  all  those  who  are  willing  to  receive  it.  In 
this  country,  though  many  excel  in  the  application  of 
science  to  the  practical  arts  of  life,  few  devote  themselves 
to  the  continued  labor  and  patient  thought  necessary  to  the 
discovery  and  development  of  new  truths.  The  principal 
cause  of  this  want  of  attention  to  original  research,  is  the 
want,  not  of  proper  means,  but  of  proper  encouragement. 
The  publication  of  original  memoirs  and  periodical  reports, 
as  contemplated  by  the  programme,  will  act  as  a  powerful 
stimulus  on  the  latent  talent  of  our  country,  by  placing  in 
bold  relief  the  real  laborers  in  the  field  of  original  research, 
while  it  will  afford  the  best  materials  for  the  use  of  those 
engaged  in  the  diffusion  of  knowledge. 

The  advantages  which  will  accrue  from  the  plan  of  pub- 
lishing the  volumes  of  the  Smithsonian  Contributions  to 
Knowledge,  are  various.  In  the  first  place,  it  will  serve  to 
render  the  name  of  the  founder  favorably  known  wher- 
ever literature  and  science  are  cultivated,  and  to  keep  it 
in  continual  remembrance  with  each  succeeding  volume, 
as  long  as  knowledge  is  valued.  A  single  new  truth, 
first  given  to  the  world  through  these  volumes,  will  for- 
ever stamp  their  character  as  a  work  of  reference.  The 


952       PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST. 

Contributions  will  thus  form  the  most  befitting  monument 
to  perpetuate  the  name  of  one  whose  life  was  devoted  to 
tho  increase  of  knowledge,  and  whose  ruling  passion,  strong 
in  death,  prompted  the  noble  bequest  intended  to  facilitate 
the  labors  of  others  in  the  same  pursuit. 

Again,  the  publication  of  a  series  of  volumes  of  original 
memoirs  will  afford  to  the  institution  the  most  ready  menus 
of  entering  into  friendly  relations  and  correspondence  with 
all  the  learned  societies  in  the  world,  and  of  enriching  its 
library  with  their  current  transactions  and  proceedings.  But 
perhaps  the  most  important  effect  of  the  plan  will  be  that 
of  giving  to  the  world  many  valuable  memoirs,  which,  on 
account^of  the  expense  of  the  illustrations,  could  not  be 
otherwise  published.  Every  one  who  adds  new  and  im- 
portant truths  to  the  existing  stock  of  knowledge  must  be, 
of  necessity,  to  a  certain  degree,  in  advance  of  his  age. 
Hence  the  number  of  readers  and  purchasers  of  a  work  is 
generally  in  the  inverse  ratio  of  its  intrinsic  value;  and 
consequently,  authors  of  the  highest  rank  of  merit  are  fre- 
quently deterred  from  giving  their  productions  to  the  world 
on  account  of  the  pecuniary  loss  to  which  the  publication 
would  subject  them.  When  our  lamented  countryman, 
Bowditch,  contemplated  publishing  his  Commentary  on  La 
Place,  he  assembled  his  family  and  informed  them  that  the 
execution,  of  this  design  would  sacrifice  one-third  of  his 
fortune,  and  that  it  was  proper  his  heirs  should  be  con- 
sulted on  a  subject  which  so  nearly  concerned  them.  The 
answer  was  worthy  the  children  of  such  a  father:  "We 
value,"  said  they,  "your  reputation  more  than  your  money." 
Fortunately,  in  this  instance,  the  means  of  making  such  a 
sacrifice  existed;  otherwise  one  of  the  proudest  monuments 
of  American  science  could  not  have  been  given  to  the 
world.  In  the  majority  of  cases,  however,  those  who  are 
most  capable  of  extending  human  knowledge  are  least  able 
to  incur  the  expense  of  the  publication.  Wilson,  the  Amer- 
ican ornithologist,  states,  in  a  letter  to  Michaux,  that  he  has 
sacrificed  everything  to  publish  his  work:  "I  have  issued." 
he  says,  "six  volumes,  and  am  engaged  on  the  seventh,  but 
as  yet  I  have  not  received  a  single  cent  of  the  proceeds." 
In  an  address  on  the  subject  of  natural  history,  by  one  of 
our  most  active  cultivators  of  this  branch  of  knowledge,  we 
find  the  following  remarks,  which  are  directly  in  point: 
"Few  are  acquainted  with  the  fact  that  from  the  small 
number  of  scientific  works  sold,  and  the  great  expense  of 
plates,  our  naturalists  not  only  are  not  paid  for  their  labors, 
but  suffer  pecuniary  loss  from  their  publications.  Several 


PROPOSED  APPLICATIONS    OF   SMITHSON'S   BEQUEST.      953 

works  on  different  branches  of  zoology  now  in  the  course 
of  publication,  will  leave  their  authors  losers  by  an  aggre- 
gate of  $15,000.  I  do  not  include  in  this  estimate  works 
already  finished — one,  for  instance,  the  best  contribution  to 
the  natural  history  of  man  extant,  the  publication  of  which 
will  occasion  its  accomplished  author  a  loss  of  several  thou- 
sand dollars.  A  naturalist  is  extremely  fortunate  if  he  can 
dispose  of  two  hundred  copies  of  an  illustrated  work,  and 
the  number  of  copies  printed  rarely  exceeds  two  hundred 
and  fifty."  It  may  be  said  that  these  authors  have  their 
reward  in  the  reputation  which  they  thus  purchase ;  but 
reputation  should  be  the  result  of  the  talents  and  labor  ex- 
pended in  the  production  of  a  work,  and  should  not  in  the 
least  depend  upon  the  fact  that  the  author  is  able  to  make  a 
pecuniary  sacrifice  in  giving  the  account  of  his  discoveries 
to  the  public. 

Besides  the  advantage  to  the  author  of  having  his  memoir 
published  in  the  Smithsonian  Contributions  free  of  expense, 
his  labors  will  be  given  to  the  world  with  the  stamp  of 
approval  of  a  commission  of  learned  men,  and  his  merits 
will  be  generally  made  known  through  the  reports  of  the 
institution.  Though  the  premiums  offered  may  be  small, 
yet  they  will  have  considerable  effect  in  producing  original 
articles.  Fifty  or  a  hundred  dollars  awarded  to  the  author 
of  an  original  paper,  will,  in  many  instances,  suffice  to 
supply  the  books,  or  to  pay  for  the  materials,  or  the  manual 
labor  required  in  prosecuting  the  research. 

There  is  one  proposition  of  the  programme  which  has 
given  rise  to  much  discussion,  and  which,  therefore,  requires 
particular  explanation.  I  allude  to  that  which  excludes 
from  the  contributions  all  papers  consisting  merely  of  un- 
verified speculations  on  subjects  of  physical  science.  The 
object  of  this  proposition  is  to  obviate  the  endless  difficul- 
culties  which  would  occur  in  rejecting  papers  of  an  un- 
philosophical  character;  and  though  it  may  in  some  cases 
exclude  an  interesting  communication,  yet  the  strict  observ- 
ance of  it  will  be  found  of  so  rr.uch  practical  importance 
that  it  cannot  be  dispensed  with.  It  has  been  supposed, 
from  the  adoption  of  this  proposition,  that  we  are  disposed 
to  undervalue  abstract  speculations;  on  the  contrary,  we 
know  that  all  the  advances  in  true  science — namely,  a 
knowledge  of  the  laws  of  phenomena — are  made  by  pro- 
visionally adopting  well-conditioned  hypotheses,  the  product 
of  the  imagination,  and  subsequently  verifying  them  by  an 
appeal  to  experiment  and  observation.  Every  new  hypo- 
thesis of  scientific  value  must  not  only  furnish  an  exact 


954       PROPOSED    APPLICATIONS    <>1     SMITHSoN's    BEQUEST. 

explanation  of  known  facts,  but  must  also  enable  us  to 
predict,  in  kind  and  quantity,  the  phenomena  which  will 
be  exhibited  under  any  given  combination  of  circumstances. 
Thus,  in  the  case  of  the  undulatory  hypothesis  of  light,  it 
was  inferred,  as  a  logical  consequence,  that  if  the  supposi- 
tion were  true  that  light  consisted  of  waves  of  an  ethereal 
medium,  then  two  rays  of  light,  like  two  waves  of  water 
under  certain  conditions,  should  annihilate  each  other,  and 
darkness  be  produced.  The  experiment  was  tried,  and  the 
anticipated  result  was  obtained.  It  is  this  exact  agreement 
of  the  deduction  with  the  actual  result  of  experience  that 
constitutes  the  verification  of  an  hypothesis,  and  which 
alone  entitles  it  to  the  name  of  a  theory,  and  to  a  place  in 
the  transactions  of  a  scientific  institution.  It  must  be  recol- 
lected that  it  is  much  easier  to  speculate  than  to  investigate, 
and  that  very  few  of  all  the  hypotheses  imagined  arc  capable 
of  standing  the  test  of  scientific  verification. 

For  the  practical  working  of  the  plan  for  obtain  ing  the 
character  of  a  memoir,  and  the  precaution  taken  before  it 
is  accepted  for  publication,  I  would  refer  to  the  correspond- 
ence, given  in  a  subsequent  part  <-t  this  report,  relative  to 
the  memoir  now  in  process  of  publication  1>\  the  institution. 
As  it  is  not  our  intention  to  interfere  with  the  proceedings 
of  other  institutions,  but  to  co-operate  with  them,  so  far  as 
our  respective  operations  are  compatible,  communications 
may  be  referred  to  learned  societies  tor  inspection,  as  in  the 
case  of  the  above-mentioned  memoir,  and  abstracts  of  them 
given  to  the  world  through  the  bulletins  of  these  societies, 
while  the  details  of  the  memoirs  and  their  expensive  illus- 
trations are  published  in  the  volumes  of  the  Smithsonian 
Contributions.  The  officers  of  several  learned  societies  in 
this  country  have  expressed  a  willingness  to  co-operate  in 
this  way. 

Since  original  research  is  the  most  direct  way  of  increas- 
ing knowledge,  it  can  scarcely  be  doubted  that  a  part  of  the 
income  of  the  bequest  should  be  appropriated  to  this  pur- 
pose, provided  suitable  persons  can  be  found,  and  their 
labors  be  directed  to  proper  objects.  The  number,  how- 
ever, of  those  who  are  capable  of  discovering  scientific  prin- 
ciple is  comparatively  small;  like  the  poet,  they  are  "  born, 
not  made,"  and,  like  him,  must  be  left  to  choose  their  own 
subject,  and  wait  the  fitting  time  of  inspiration.  In  case  a 
person  of  this  class  has  fallen  on  a  vein  of  discovery,  and  is 
pursuing  it  with  success,  the  better  plan  will  be  to  grant 
him  a  small  sum  of  money  to  carry  on  his  investigations, 
provided  they  are  considered  worthy  of  assistance  by  com- 


PROPOSED    APPLICATIONS    OF    SMITHSON'S    BEQUEST.       955- 

iudges.     This  will  have  the  double  effect  of  encour- 
hinfin  the  pursuit,  and  of  facilitating  his  progress 
The  institution,  however,  need  not  depend  upon  cases  of 
this  kind,  even  if  they  were  more  numerous  than  they  are, 
for  the  application  of  its  funds  in  the  line  of  original  re- 
search.    There  are  large  fields  of  observation  and .experi- 
ment, the  cultivation  of  which,  though  it  may  afford  no 
prospect  of  the  discovery  of  a  principle,  can  hardly  fail  to 
produce  results  of  importance  both  in  a  practical  and  a 
theoretic  point  of  view.     As  an  illustration  of  this  remark, 
I  may  mention  the  case  of  the  investigations  made  a  few 
years  ago  by  committees  of  the  Franklin  Institute  of  Phila- 
delphia0   The  Secretary  of  the  Treasury  of  the  United  States 
placed  at  the  disposal  of  this  society  a  sum  of  money  tor 
the  purpose  of  making  experiments  with  reference  to  the 
cause  of  the  explosion"  of  steam  boilers.     A  committee  of 
the  society  was  chosen  for  this  purpose,  which  adopted  the 
ingenious  plan  of  writing   to  all   persons   in  the  United 
States  engaged  in  the  application  of  steam  and  Particularly 
to  those  who  had  observed  the  explosion  of  a  steam-boiler. 
In  this  way  opinions  and  suggestions  in  great  variety  as  to 
the  cause  of  explosions  were  obtained      The  most  plausible 
of  these  were  submitted  to  the  test  of  experiment .:  the ,  re- 
sults obtained  were  highly  important,  and  are  to  be  found 
favorably  mentioned  in  every  systematic  work  on  the  sub- 
ject of  steam  which  has  appeared  m  any  language  within 
the  last  few  years      New  and  important  facts  were  estab- 
ifshed  •    and  Chat  was  almost  of  as  much  consequence, 
ertrswlS'had  usurped  the  P^- of  truth  were  dethroned 

In  the  programme  examples  are  given  of  a  fewsubjec 
orfgnal  research  to  which  the  attention  of  the  institution 
may  be  turned.     I  will  mention  one  in  this  place,  which,  in 
collection  with  the  contents  of  our  first  memoir,  may  de- 
seve  immediate  attention.     I  allude  to  a  small  appropria- 
tion made  annually  for  researches  with  reference  to  the 
remains  of  the  ancient  inhabitants  of  our  country 
a  highly  interesting  field,  and  what  is  done  in   regard  o 
should  be  done  quickly.    Every  year  the  progress  of  civiliza-. 
Si  is  obliterating  tl/e  ancient  mounds,  cities ;  and viUages 
are  risino-  on  the  spots  they  have  so  long  occupied  undii 
Curbed!  and  the  distinctive  marks  of  these  remains  are  every 
year  becoming  less  and  less  legible. 

In  carrying  out  the  spirit  of  the  plan  adopted,  namely, 
tha"  of  affecting  men  in  general  by  the  operations  of  the 
institution,  it  is  evident  that  the  principal  means  of  diffusing 
must  be  the  press.     Though  lectures  should  be 


"956        PROPOSED    APPLICATIONS    OF    SMITHSON's    BEQUEST. 

given  in  the  city  in  which  Smithson  has  seen  fit  to  direct 
the  establishment  of  his  institution,  yet,  as  a  plan  of  general 
diffusion  of  knowledge,  the  system  of  lectures  would  be  en- 
tirely inadequate;   every  village  in  our  extended  country 
would  have  a  right  to  demand  a  share  of  the  benefit,  and 
the  income  of  the  institution  would  be  insufficient  to  sup- 
ply a  thousandth  part  of  the  demand.     It  is  also  evident 
that  the  knowledge  diffused  should,  if  possible,  not  only 
embrace  all  branches  of  general  interest,  so  that  each  reader 
might  find  a  subject  suited  to  his  taste,  but  also  that  it 
should  differ  in  kind  and  quality  from  that  which  can  be 
readily  obtained  through  the  cheap  publications  of  the  day 
These  requisites  will  be  fully  complied  with  in  the  publica- 
tions of  the  series  of  reports  proposed  in  the  prooramme. 
A  series  of  periodicals  of  this  kind,  posting  up  all  the  dis- 
coveries in  science  from  time  to  time,  and  giving  u  well 
digested  account  of  all  the  important  changes  in  the  differ- 
ent branches  of  knowledge,  is  a  desideratum  in  the  English 
language.     The  idea  is  borrowed  from  a  partial  plan  of  this 
kind  in  operation  in  Sweden  and  Germany:  and  for  an  ex- 
ample of  what  the  work  should  be,  I  would  refer  to  the 
annual  report  to  the  Swedish  Academy  of  its  perpetual 
secretary,  Berzelius,  on  physical  science.     The  reports  can 
be  so  prepared  as  to  be  highly  interesting  to  the  general 
reader,  and  at  the  same  time  of  great  importance  to  the 
exclusive  cultivator  of  a  particular  branch  of  knowledge 
.bull  references  should  be  given,  in  foot-notes,  to  the  pa^e 
number,  or  volume  of  the  work  from  which  the  information 
was  obtained;  and  where  a  more  detailed  account  can  be 
found.     It  is  scarcely  necessary  to  remark  that  the  prepa- 
ration of  these  reports  should  be  intrusted  only  to  persons 
profoundly  acquainted  with  the  subjects  to  which  they  re- 
— namely,   to    those   who    are    devoted    to   particular 
branches,  while  they  possess  a  knowledge  of  general  prin- 
ciples.    Sufficient  explanations   should'  be   introduced   to 
render  the  report  intelligible  to  the  general  reader,  without 
destroying  its   scientific   character.     Occasionally   reports 
may  be  obtained  from  abroad— as,  for  example,  accounts  of 
3  progress  of  certain  branches  of  knowledge  in  foreign 
countries,  and  these  may  be  translated,  if  Necessary,  and 
incorporated  into  other  reports,  by  some  competent  person 
in  this  country. 

Besides  the  reports  on  the  progress  of  knowledge,  the 

rogramme  proposes  to  publish  occasionally  brief  treatises 

on  particular  subjects.     There  are  always  subjects  of  o.en. 

<3ral  interest  of  which  brief  expositions  would  be  of  much 


PROPOSED   APPLICATIONS    OF   SMITHSON'S    BEQUEST.       957 

value.  The  preparation  of  these,  however,  should  be^  in- 
trusted to  none  but  persons  of  character  and  reputation,, 
and  should  be  subjected  to  a  revision  by  competent  and 
responsible  judges  before  they  are  given  to  the  public. 
They  may  be  presented  in  the  form  of  reports  on  the  exist- 
in^  state  of  knowledge  relative  to  a  given  subject,  and  may 
sometimes  consist  of  memoirs  and  expositions  of  particular 
branches  of  literature  and  science,  translated  from  foreign 
languages.  The  reports  and  treatises  of  the  institution,  sold 
at  a  price  barely  sufficient  to  pay  the  expenses  of  printing, 
will  find  their  way  into  every  school  in  our  country,  and 
will  be  used  not  as  first  lessons  for  the  pupil,  but  as  sources 
of  reliable  information  for  the  teacher. 

The  second  section  of  the  programme  gives,  so  far  as  they 
have  been  made  oat,  the  details  of  the  part  of  the  plan  of 
organization  directed  by  the  act  of  Congress  establishing 
the  institution.     The  two  plans,  namely,  that  of  publication 
and  original  research,  and  that  of  collections  ot  objects  o 
nature  and  art,  are  not  incompatible,  and  maybe  carried  on 
harmoniously  with  each  other.     The  only  effect  which  they 
will  have  on  one  another  is  that  of  limiting  the  operation  ot 
each,  on  account  of  the  funds  given  to  the  other.    Still,  with  a 
iudicious  application  and  an  economical  expenditure  ot  the 
income,  and  particularly  by  rigidly  observing  the  plan  ot 
finance  suggested  by  Dr.  Bache,  in  the  construction  of  the 
building,  much  good  may  be  effected  in  each  of  the  tw<> 
branches  of  the  institution.     To  carry  on  the  operations  ot  • 
the  first  a  working  library  will  be  required,  consisting  ot  the 
past  volumes  of  the  transactions  and  proceedings  ot  all  tne 
learned  societies  in  every  language.     These  are  the  original 
sources  from  which  the  most  important  principles  ol  tne 
positive  knowledge  of  our  day  have  been  drawn.     We  shall 
also  require  a  collection  of  the  most  important  current  litera- 
ture and  science  fortheuse  of  the  collaborators  of  the  reports; 
most  of  these,  however,  will  be  procured  in  exchange  tor 
the  publications  of  the  institution,  and  therefore  will  draw 
but  little  from  the  library  fund.     For  other  suggestions  re  a- 
tive  to  the  details  of  the  library,  I  would  refer  you  to  the 
annexed  communication   from  Professor  Jewett,  assistant 
secretary,  acting  as  librarian.     (See  Appendix  No   1.) 

The  collections  of  the  institution,  as  far  as  possible,  should 
consist  of  such  articles  as  are  not  elsewhere  to  be  found  in 
this  country,  so  that  the  visitors  at  Washington  may  see  new 
objects,  and  the  spirit  of  the  plan  be  kept  up,  of  interesting 
the  greatest  possible  number  of  individuals.  A  perfect  col- 
lection of  all  objects  of  nature  and  of  art,  if  such  could  be 


$58        PROPOSED    APPLICATIONS    OF   SMITHSON's    BEQUEST. 

obtained  and  deposited  in  one  place,  would  form  a  muse  in  i 
of  the  highest  interest;  but  the  portion  of  the  income  of 
the  bequest  which  can  be  devoted  to  the  increase  and  main- 
tenance of  the  museum  will  be  too  small  to  warrant  anv 
attempt  toward  an  indiscriminate  collection.  It  is  hoped 
that  in  due  time  other  means  may  be  found  of  establishing 
and  supporting  a  general  collection  of  objects  of  nature  and 
art  at  the  seat  of  the  General  Government,  with  funds  not 
derived  from  the  Smithsonian  bequest.  For  the  present  it 
should  be  the  object  of  the  institution  to  confine  the  appli- 
cation of  the  funds,  first,  to  such  collections  as  will  tend 
to  facilitate  the  study  of  the  memoirs  which  may  be  pub- 
lished in  the  Contributions,  and  to  establish  thei'r  correct- 
ness; secondly,  to  the  purchase  of  such  objects  as  are  not 
generally  known  in  this  country,  in  the  way  of  art  and  the 
illustration  of  antiquities,  such  as  models  of  buildings,  &c.; 
and,  thirdly,  to  the  formation  of  a  collection  of  instruments 
of  physical  research  which  will  be  required  both  in  the 
illustration  of  new  physical  truths  and  in  the  scientific  in- 
vestigations undertaken  by  the  institution. 

Much  popular  interest  may  !><•  awakened  in  favor  of  the 
institution  at  Washington  by  throwing  the  rooms  of  tin- 
building  open  on  stated  evenings  dtmngfl  the  session  of 
Congress  for  literary  and  scientific  assemblies,  after  the 
manner  of  the  weekly  meetings  of  tin-  lioval  Institution  in 
London.  At  these  meetings,  without  the  formality  of  a 
regular  lecture,  new  truths  in  science  niav  he  illustrated 
and  new  objects  of  art  exhibited.  Besides  these,  courses  of 
lectures  may  be  given  on  particular  subjects  by  the  officers 
of  the  institution,  or  by  distinguished  individuals  invited  for 
the  purpose. 


APPENDIX  No.  1. 


.«.rr JCWDIX  no.  1. 

Extract  from  a  communication  of  Professor  Jewett,  Assistant  Secretary  of 
the  Institution,  acting  as  librarian. 


*3£2S*:  A*.1  do  n°t  expect  to  have  the  pleasure  of  seeing  you 
before  the  meeting  of  the  regents,  I  will,  with  your  indulgence,  refer 
some  of  the  principal  matters  which  will  require  attention  in  commene- 

7  L      iv !       v?;          6y  W0uld  no  doubt  a11  occur  to  y°u  in  their  order,  but 
nave  thought  you  might  find  it  convenient  to  have  this  part  of  the  busi- 

"Vn.8Te£egI>ee  PrlPared  to  y°ur  hands.     A  great  deal   of  preparatory 
Selves  g°ne          Ugh  With'  bef°re  an^  books  can  be  Placed  on  th<e 

^tn  l!«!l  Pla"  Pr°P°f  d  for  the  Horary,  it  seems  to  me  that  the  first 
g  to  be  done  is  to  make  arrangements  for  obtaining  catalogues,  printed 

niibCri?  '  °f  *?"  pHncipal  Hbraries  of  the  Uni'ed  Stat's  5  *°  exam~ 
t1™"68'  asufar  as  can  b«  done  personally,  in  order  to  know  their 
character,  the  statistics  of  their  increase  &c.j  and  to  form  such 


PROPOSED    APPLICATIONS    OF   SMITHSON'S    BEQUEST.        959 

Alliances  with  the  librarians  as  will  be  indispensable  in  making  the  library 
of  the  institution,  in  conformity  with  the  suggestion  of  Dr.  Bache,  a  sup- 
plemental one,  and  a  centre  of  bibliographical  reference.  Some  libraries 
possess  printed  catalogues  complete  nearly  down  to  the  present  time  ;  others 
are  several  years  behindhand.  It  will  be  necessary  to  procure  manuscript 
catalogues  in  continuation  of  those  which  have  been  printed,  and  to  make 
arrangements  for  receiving,  from  month  to  month,  or  from  year  to  year, 
lists  of  all  future  accessions.  These  supplementary  catalogues  should  all  be 
prepared  on  a  uniform  plan.  The  titles  should  be  written  on  cards  of  the 
same  size,  so  that  they  may  be  placed  together  in  one  alphabetical  arrange- 
ment, in  order  to  facilitate  research.  A  mark  placed  on  the  back  of  each 
card  will  designate  the  library  from  which  it  came.  Now,  in  every  library 
with  which  we  are  in  correspondence  some  one  must  be  employed  to  do 
this.  It  would  be  merely  clerk's  labor,  where  the  catalogues  are  properly 
kept,  and  no  doubt  the  librarian  or  assistant  might,  in  every  case,  be  in- 
duced to  undertake  it  for  a  small  compensation. 

2.  The  next  thing  to  be  done  will  be  to  make  arrangements  for  procuring 
the  books  to  which  we  are  entitled  by  the  10th  section  of  the  charter  of  the 
institution.     Unless  something  be  done,  this  provision,  in  course  of  time, 
will  bring  in  comparatively  few  books  in  a  year.     I  have  no  doubt  that 
publishers  generally  would  readily  send  their  books,  if  the  subject  were 
properly  presented  to  them,  and  arrangements  made  by  which  they  could 
transmit  them  to  Washington  without  subjecting  the  institution  or  them- 
selves to  expenses  al together. disproportioned  to  the  value  of  the  books. 
It  has  occurred  to  me  that  perhaps  the  several  district  clerks  might  be  in- 
duced to  attend  to  the  business  ;  it  is  perhaps  legally  their  duty  to  do  so, 
but  I  suppose  it  would  be  unsafe  to  rely  upon  their  performing  faithfully 
such  an  unexpected  duty,  unless  they  received  for  it  some  additional  com- 
pensation.    Besides  this,  a  circular  might  be  printed  and  sent  to  publishers, 
setting  forth  the  advantages  which  would  result  directly  to  the  cause  of 
letters,  and  indirectly  to  themselves,  from  compliance  with  this  require- 
ment.    By  these  means  I  think  we  should  obtain  nearly  all  the  publications 
of  importance  issued  from  the  American  press. 

3.  The  selection  of  books  for  the  first  purchase  must  be  made.     This  will, 
I  suppose,  comprise  three  classes  of  works:  1.  Those  which  may  be  imme- 
diately needed  in  the  scientific  department ;  2.  Bibliographical  works  and 
descriptions,  histories  and  catalogues  of  similar  institutions ;  and  3.  The 
general  collection,  consisting  of  the  memoirs,  transactions,  and  journals  of 
the  learned  societies  of  Europe  and  America.     These  three  classes  of  books 
will  form  a  library  quite  unique,  and  one  of  great  utility.     The  catalogue, 
if  it  be  made  with  fullness  and  accuracy,  will  be  a  valuable  publication.     I 
think,  further,  that  a  somewhat  extended  list  of  books  should  be  made  out 
for  future  purchases.     These  lists  should  be  intrusted  to  honest  and  faithful 
men  in  some  of  the  principal  book  marts  of  Europe,  with  orders  to  buy  the 
books  whenever  they  can  find  them,  at  say  one-half  the  ordinary  prices.     In 
this  way  we  should  obtain  at  very  low  prices  great  numbers  of  the  books 
which  we  shall  want.    Of  course,  the  same  list  should  not  be  left  with  different 
men.     The  work  should  be  done  with  care,  and  by  consultation  with  the 
best  scholars  in  the  country.     It  will  be  difficult  to  find  the  necessary  biblio- 
graphical helps.    The  best  collection  of  them  in  the  country  is  in  the  library 
of  the  Brown  University,  but  this  is  very  imperfect. 

4.  The  first  purchases  are  to  be  made,  and  the  arrangement  for  future 
purchases.     These,  of  course,  should  not  be  commenced  until  the  lists  are 
as  far  completed  as  they  can  judiciously  be  in  this  country. 

5.  Another  subject  contemplated  in  the  programme  of  organization,  and 
which  should  receive  immediate  attention,  is  the  procuring  of  copies  of  some 
of  the  most  celebrated  works  of  art.     It  will  probably  be  best  to  confine  the 
purchases  at  first  principally  to  plaster  casts  of  some  of  the  finest  specimens 
of  ancient  and  modern  statuary.     These  can  be  procured  very  cheap,  and 
convey,  of  course,  a  perfect  representation  of  the  original.     I  have  no  doubt 


960       PROPOSED    APPLICATIONS    OF   SMITHSOtt'S    BEQUEST. 

what  for  a  public  institution,  and  one  under  national  auspices,  we  could 
whenever  we  desire  it,  obtain  permission  to  take  casts  directly  from  the 
statues. 

The  expense  of  doing  so  would  of  course  be  somewhat  greater  than  that 
of  purchasing  such  copies  as  might  be  found  in  the  market,  but  a  small 
difference  in  expense  is  not  to  be  thought  of  in  such  a  case.  It  would  further 
bo  desirable  to  commence  the  purchase  of  the  models  of  antiquities,  such  as 
models  in  cork  of  some  of  the  houses,  temples,  theaters,  baths,  &c.,  &c.,  iu 
Pompeii  and  Herculaneum.  These  can  be  procured  at  comparatively  small 
prices.  Models  of  every  interesting  part  of  Pompeii  which  has  been  exca- 
vated, presenting  in  miniature  a  perfect  view  of  nearly  the  whole  on  the 
scale  of  1  foot  to  150,  might  be  procured  for  about  $2,000.  It  might  also 
be  well  to  procure  a  tow  Etruscan  vases ;  also  a  few  antique  coins  and  ir.cdals, 
sufficient  to  convey  some  illustration  of  numismatics,  as  a  subsidiary  branch 
of  history.  The  regents  should  of  couse  decide  what  proportion  of  the  ap- 
propriation for  collections  chould  each  year  be  expended  for  these  purposes. 
I  will  merely  remark  that  $1,000,  or  even  $500  at  the  outset,  prudently 
expended,  would  procure  a  very  interesting  collection. 

1  have  thus  stated  quite  in  detail  the  work  which  must  be  done  before 
the  library  can  bo  ready  for  use,  or  rather  before  any  part  of  it  can  be  placed 
upon  the  shelves.  Before  it  can  be  ready  for  use  much  more  is  to  bo  dono 
in  arranging  and  cataloguing.  To  lay  properly  the  foundation  of  a  large 
library  is  a  slow  work,  and  much  time  must  necessarily  bo  consumed  in 
producing  but  small  visible  results. 

I  am,  my  dear  sir,  very  truly,  your  friend  and  servant, 

C.  C.  JEWETT. 

Professor  JOSEPH  HENRY, 

Secretary  of  the  Smithsonian  Institution. 


UNIVKK8ITY  O 

CALIFOKNIA 


LETTERS  RELATIVE  TO  THE  •"  PROGRAMME  OF  OR- 
GANIZATION" OF  THE  SMITHSONIAN  INSTITUTION 
PROPOSED  BY  PROFESSOR  JOSEPH  HENRY. 

From.  T.  Romeyn  Beck. 

ALBANY,  N.  Y.,  November  29,  1847. 

I  have  perused  the  copy  of  the  "  Proposed  Organization  " 
which  you  have  been  good  enough  to  send  me. 

I  notice  an  omission,  which  may  be  either  intentional  or 
not.  It  is  the  exclusion  of  medicine  and  surgery  from  the 
physical  class.  It  appears  to  me  that  there  are  subjects 
belonging  to  them,  which  are  legitimate  subjects  of  phil- 
osophical research  and  therefore  should  be  included.  I  in- 
stance, the  materia  medica,  i.  e.  the  discovery  of  new  remedies 
or  the  improved  application  of  old  ones ;  improvements 
in  surgery;  discoveries  in  physiology ;  and  lastly,  the  appli- 
cations of  one  or  more  to  medical  jurisprudence. 

True,  you  are  careful  in  your  specifications,  to  leave  room 
for  this  addition,  but  you  must  be  aware  that  the  medical 
profession  embraces  in  this  country  a  considerable  portion 
of  the  talent  and  learning  that  might  be  roused  into  activity 
by  the  adoption  of  your  plan,  and  I  submit  whether  the  in- 
sertion of  these  subjects  is  not  due  to  them. 

There  is  another  branch  intimately  connected  with  the 
above,  which  deserves  every  encouragement.  It  is  the  pro- 
motion of  the  health  of  communities,  or  hygiene  as  the  French 
call  it.  No  subject  is  less  understood — none  calls  for 
public  encouragement  and  attention  more  strongly  than 
this  dreadfully  neglected  matter. 

You  will  see  that  I  refer  in  all  this  to  the  division  of 
reports.  The  "  British  Association  "  in  directing  attention 
to  arid  popularizing  (if  I  may  use  the  word)  this  plan  of  dif- 
fusing knowledge  has  done  more  good  than  most  of  the 
learned  societies  in  the  world. 

I  prefer,  with  your  permission,  to  give  you  my  ideas  in 
this  way,  instead  of  noting  them  on  the  programme. 

I  will  in  conclusion  only  hint  at  a  danger,  which  unless 
early  and  constantly  guarded  against,  may  render  your 
scheme  unpopular,  and  hence  in  a  measure  impair  its  useful- 
ness. It  is,  the  possibility  of  the  selection  of  particular 
61  961 


9i>2  LETTERS    ON    PROGRAMME    OF    ORGANIZATION. 

persons — or  of  associations  of  persons  in  different  places, 
who  may  appear  to  assume  the  control  in  any  particular 
department  of  science — in  other  words,  the  formation  of 
predominant  cliques.  These  are  the  curse  of  most  of  our 
most  distinguished  societies  at  home  and  abroad — and  in 
this  country  the  danger  is  greater,  from  the  fewness  of 
men  well  grounded  in  science,  and  the  disparity  that  exists 
between  those  claiming  to  he  adepts. 

These  views  I  give  you,  if  I  know  my  own  lu'art,  with  a 
sincere  desire  that  the  Smithsonian  Institution  may  attain 
the  highest  usefulness  under  your  administration,  and  that 
it  may  go  on,  "  prospering  and  to  prosper." 

I  forgot  to  add,  what  indeed  I  expressed  to  you  verbally, 
that  your  plan  as  a  whole  has  my  unqualified  approbation. 

From  Ktiij'UHui  N/'//;///,///. 

VALE  COLLI 
NEW  HAYKX,  December  4,  1847. 

Your  letter  of  November  26,  with  the  programme  of  the 
Smithsonian  Institution,  was  duly  received,  and  L  have  en- 
deavored to  bestow  upon  it  a  degree  of  consideration  pro- 
portionate to  its  importance. 

Regarding  the  will  of  Mr.  Smithson  as  the  rule  and  the 
only  rule  which  ought  to  govern,  I  have  no  hesitation  in 
saying  that  the  views  propounded  in  the  programme  are 
sound  and  correct,  and  ought,  therefore,  to  be  sustained. 

It  is  obvious  that  Mr.  Smithson  intended  that  his  fund 
should  operate  intellectually,  and  n«>  further  physically  than 
is  necessary  for  the  mental  effects.  Books,  instruments, 
and  museums  of  objects  of  nature  and  art  are  necessary  to 
that  end,  and  are,  therefore,  within  the  views  and  purpose 
of  the  donor ;  but  splendid  buildings,  of  costly  materials 
and  construction,  if  erected  at  the  expense  of  the  Smith- 
sonian fund  would  prove  a  perversion  of  the  design  and  an 
abuse  of  the  trust. 

The  neglect  in  which  the  bequest  was  allowed  for  eight 
years  to  lie,  creates  a  claim,  both  of  honor  and  equity, 
which  ought  to  result  in  the  enlargement  of  the  fund  by 
the  appropriation  of  the  accumulated  interest  to  become  a 
part  of  the  productive  capital.  It  would  be  a  meritorious 
application  of  a  portion  of  the  National  revenue  if  the 
buildings  requisite  for  the  accommodation  of  the  Smith- 
sonian Institution  were  to  be  furnished  by  the  Government 
in  aid  of  the  great  design  for  the  "  increase  and  diffusion  of 
knowledge  among  men." 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      963 

If,  however,  that  course  is  impracticable,  we  may  well  in- 
quire whether  an  appropriation  of  the  income  of  a  single 
year — say  fifty  thousand  dollars — might  not  afford  sufficient 
funds  for  the  requisite  building  constructed  in  a  style  of 
chaste  and  elegant  simplicity  without  expensive  ornament, 
and  adapted  mainly  to  utility. 

If  this  course  were  pursued,  the  fund  would  be  preserved 
inviolate,  and  it  would  seem  to  be  a  wise  forecast  to  limit 
the  annual  expenditures,  so  that  an  accumulating  fund 
might  be  formed,  which,  in  a  few  years,  with  compound 
interest  resulting  from  frequent  investments  of  savings 
might  augment  the  capital  to  a  million  of  dollars. 

If  it  is  within  the  views  of  the  Government  to  bestow 
the  National  Museum  upon  the  Smithsonian  Institution,  the 
very  bequest  would  seem  to  draw  after  it  an  obligation  to 
furnish  the  requisite  accommodations  without  taxing  the 
Smithsonian  funds  ;  otherwise  the  gift  might  be  detrimental 
instead  of  beneficial ;  and  if  the  Government  should  retain 
the  proprietorship  of  the  National  Museum,  but  at  the  same 
time  impose  upon  the  Smithsonian  Institution  the  burden 
of  providing  a  building  for  its  accommodation — not  to  say 
for  its  increase — this  would  obviously  be  an  invasion  of  the 
rights  of  the  Institution  which  could  not  be  justified. 

Will  not  every  purpose  promotive  of  the  object  of  Mr. 
Smithson  be  accomplished  by  allowing  the  National  Museum 
to  remain  in  buildings  furnished  by  the  Government,  and 
augmented  from  time  to  time  as  the  exigency  of  the  collec- 
tions may  require. 

It  will  then  be  equally  accessible  to  all  cultivators  of  any 
field  of  knowledge  demanding  such  illustrations,  and  the 
Smithsonian  Institution  will  be  left  at  liberty  to  pursue  its 
own  objects  in  its  own  way. 

As  regards  the  objects  of  research  indicated  in  the  Pro- 
gramme I  would  suggest  that  in  addition  to  the  law  of 
storms — not  confined,  however,  to  American  storms — ob- 
servations should  be  made  on  our  v-arious  climates  in 
relation  to  temperature,  moisture,  and  electricity,  and  their 
effect  upon  agriculture  and  health. 

Under  the  head  of  surveys  it  is  desirable  also  to  include 
our  most  important  mineral  resources  in  coal  and  metals, 
and  in  permanent  materials  for  architecture  and  for  civil 
and  military  engineering. 

No  mention  is  mado  of  natural  history  in  cxtenso,  and 
zoology  and  botany  are  not  named. 

The  outline  of  subjects  might  perhaps  be  made  more 
concise  and  still  more  comprehensive,  and  it  is  desirable 


964      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

not  to  enact  unnecessary  limitations  which  might  prove  em- 
barrassing. 

As  Mr.  Smithson's  object  was  all  men — not  merely 
Americans  or  Englishmen — it  is  desirable  that  every  lati- 
tude should  be  allowed  for  co-operation  with  all  cultivators 
of  knowledge. 

I  have  had  no  opportunity  to  consult  the  Connecticut 
Academy,  but  will  lay  the  subject  before  them  towards  the 
close  of  the  month.  I  have  the  coinciding  opinions  of  Mr- 
Dana  and  my  son  with  the  above. 

From  the  American  Academy  of  Arts  and  Sciences. 

BOSTON,  December  8,  1847. 

DEAR  SIR:  I  am  directed  by  the  Academy  to  communi- 
cate to  you  the  accompanying  report,  made  on  the  subject 
of  your  programme,  laid  before  the  Academy,  with  your 
note  of  the  30th  September,  and  to  express  tin-  irivat  inter- 
est which  the  Society  feels  in  the  important  subject  to  which 
it  relates. 

ASA  GRAY, 
Corresponding  Secretary. 

The  committee  to  whom  was  referred  the  "  Programme  for  the  Organisa- 
tion of  the  Smithsonian  Institution,"  submitted  to  the  Academy  by  the 
Secretary,  Professor  Henry,  with  his  letter  of  the  30th  September,  made 
the  following  report : 

Professor  Henry  is  understood  to  be  desirous  of  ascertaining  the  opinions 
of  the  scientific  bodies  of  the  country,  on  the  subject  of  the  proposed  organ- 
ization of  the  Smithsonian  Institution  ;  and  the  free  expression  of  their 
views  is  wished  by  him. 

The  interesting  nature  and  high  importance  of  this  foundation,  and  the 
novel  and  peculiar  circumstances  attending  its  establishment,  make  it  highly 
expedient,  in  the  opinion  of  the  committee,  that  every  step  taken  in  its 
organization  should  be  deliberately  considered.  They  think  it  no  more 
than  just  to  express  their  satisfaction,  that  the  control  of  the  infant  estab- 
lishment has  been  placed  in  the  hands  of  a  Board  of  Kegents  of  the  highest 
intelligence,  respectability,  and  weight  of  character  ;  and  in  the  wise  selec- 
tion made  of  the  officers,  on  whom  the  active  executive  duties  of  the  insti- 
tution will  devolve,  the  committee  perceive  a  satisfactory  pledge,  as  far  a.<* 
they  are  concerned. 

Professor  Henry's  Programme  commences  with  "  general  considerations, 
which  should  serve  as  a  guide  in  adopting  the  plan  of  organization."  Ho 
points  out  the  nature  of  the  bequest,  as  made  to  the  United  States  for  the 
purpose  of  founding  at  Washington,  under  the  name  of  the  Smithsonian 
Institution,  an  establishment  for  the  increase  and  diffusion  of  knowledge 
among  men.  The  bequest  is,  accordingly,  for  the  benefit  of  mankind.  The. 
Government  of  the  United  States  is  but  a  trustee  to  carry  out  this  noble 
design.  Even  the  people  of  the  United  States  are  interested  only  so  far  as 
they  constitute  one  of  the  great  families  of  the  human  race. 

The  objects  of  the  Institution  are  twofold  ;  1st,  the  increase,  and  2d,  the 
diffusion,  of  knowledge, — objects  which,  although  frequently  in  a  vague 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      965 

-way  confounded  with  each'other  (inasmuch  as  it  often  happens  that  know- 
ledge is  diffused  by  the  same  act  which  increases  it)  are  nevertheless  logi- 
cally distinct,  and  require  to  be  separately  regarded.  No  particular  kind 
of  knowledge  is  specified  by  the  founder  as  entitled  to  the  preference  ;  all 
branches  are  entitled  to  a  share  of  attention  ;  and  the  order  and  degree  in 
which  they  are  cultivated  must  be  decided  by  a  wise  regard  to  means  and 
circumstances.  Knowledge  may  be  increased  by  various  modes  of  encour- 
aging and  facilitating  the  discovery  of  new  truths  ;  it  is  diffused  chiefly, 
though  not  exclusively,  through  the  instrumentality  of  the  press.  The 
organization  should  be  such  as  to  produce  results  not  within  the  province 
of  the  existing  institutions  of  the  country.  It  was,  for  instance,  evidently 
not  the  design  of  the  liberal  founder  to  establish  a  collegiate  institution,  or 
a  place  of  education  ;  nor  would  it  be  wise  to  appropriate  his  bequest  for 
such  an  object,  already  sufficiently  attained  by  the  ordinary  resources  of 
public  and  private  liberality.  Considering  the  novelty  of  the  undertaking, 
it  would  be  manifestly  unwise  to  stake  too  much  on  the  success  of  the  first 
efforts.  The  organization  should  be  such  as  to  admit  of  changes  and  modi- 
fications under  the  light  of  experience.  As  several  years  have  elapsed  since 
the  fund  came  into  the  possession  of  the  United  States,  it  seems  no  more 
than  equitable  that  a  considerable  portion  of  the  accruing  interest  should 
be  added  to  the  principal,  to  make  up  for  the  loss  of  time.  The  committee 
consider  this  suggestion  as  perfectly  reasonable,  and  trust  it  will  receive 
the  favorable  consideration  of  Congress.  Liberal  as  is  the  original  bequest, 
the  sum  is  but  small  compared  with  the  great  objects  to  be  accomplished. 
This 'consideration  suggests  the  absolute  necessity  of  economy  in  any  outlay 
on  buildings  and  fixtures  ;  in  reference  to  which  a  prudent  regard  must  be 
had,  not  merely  to  the  first  cost,  but  to  the  future  expense  of  repairs,  and 
the  support  of  the  establishment.  Great  care  must  be  taken  not  to  multiply 
the  number  of  persons  to  be  permanently  supported  by  the  Institution.  A 
clear  and  settled  idea  of  its  organization  and  mode  of  operation  must  pre- 
cede the  adoption  of  a  plan  of  building,  lest,  after  the  completion  of  a  costly 
edifice,  it  should  be  found  nearly  or  quite  useless  ;  or  worse  even  than  use- 
less, by  forcing  a  character  upon  the  Institution  which  would  not  otherwise 
have  been  given  it.  All  view  to  mere  local  arrangement  or  advantage 
should  be  discarded  at  the  outset,  in  the  management  of  a  trust  created  for 
the  benefit  of  mankind. 

Such,  very  slightly  expanded  in  a  few  of  the  propositions,  are  the  general 
considerations  proposed  by  Professor  Henry  as  guides  in  adopting  a  plan  of 
organization.  They  command  the  entire  assent  of  the  committee  ;  and 
none  of  them  more  so  than  those  which  refer  to  the  necessity  of  strict  econ- 
omy in  the  expenditure  o'f  the  fund  on  a  building,  and  exclusion  of  undue 
regard  to  local  ornament.  It  would  not  be  difficult  to  point  to  a  memorable 
instance,  in  a  sister  city  of  the  Union,  in  which  the  most  munificent  bequest 
ever  made  for  the  purpose  of  education  has  been  rendered  comparatively 
unavailing,  by  the  total  disregard  of  these  wise  principles.  It  is  an  addi- 
tional reason  for  observing  them,  that  the  attempt  to  erect  a  highly  impos- 
ing building  for  local  ornament  will  not  only  crush  in  the  bud  all  hope  of 
fulfilling  the  ulterior  objects  of  the  bequest,  but  will  be  almost  sure  to  fail 
of  a  satisfactory  result  as  far  as  the  edifice  itself  is  concerned. 

The  Secretary's  plan  of  organization  in  reference  to  the  increase  of  knowl- 
edge is  so  accurately  digested  and  so  thoroughly  condensed,  that  the  com- 
mittee think  it  would  be  best  to  quote  his  own  words  : — 

"  To  INCREASE  KNOWLEDGE,  it  is  proposed, 

"  1.  To  stimulate  men  of  talent  to  make  original  researches,  by  offering 
suitable  rewards  for  memoirs  containing  new  truths  ;  and, 

"2.  To  appropriate  annually  a  portion  of  the  income  for  particular  re- 
searches under  the  direction  of  suitable  persons." 

These  methods  of  increasing  knowledge  are  farther  unfolded  in  the  follow- 
ing "  Detail  of  the  Plan  "  for  that  purpose. 

"  1.  By  stimulating  researches. 


966      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

"1.  Rewards  consisting  of  money,  medals,  &c.,  offered  for  original 
memoirs  on  all  branches  of  knowledge. 

"  2.  The  memoirs  thus  obtained  to  be  published  in  a  series  of  volumes  in 
a  quarto  form,  and  entitled  Smithsonian  Contributions  to  Knowledge. 

"  3.  No  memoir,  on  subjects  of  physical  science,  to  be  accepted  for  pub- 
lication which  does  not  furnish  a  positive  addition  to  human  knowledge  • 
and  all  unverified  speculations  to  be  rejected. 

"  4.  Each  memoir  presented  to  the  Institution  to  be  submitted  for  exami- 
nation to  a  commission  of  persons  of  reputation  for  learning  in  the  branch 
to  which  the  memoir  pertains,  and  to  be  accepted  for  publication  only  in 
case  the  report  of  this  commission  is  favorable. 

"  5.  The  commission  to  be  chosen  by  the  officers  of  the  Institution,  and 
the  name  of  the  author,  as  far  as  practicable,  concealed  until  a  favorable 
decision  shall  have  been  made. 

"  6.  The  volumes  of  the  memoirs  to  be  exchanged  for  the  transactions  of 
all  literary  and  scientific  societies,  and  copies  to  be  given  to  all  the  colleges 
and  principal  libraries  in  this  country.  One  part  of  the  remaining  copies 
may  be  offered  for  sale ;  and  the  other  carefully  preserved,  to  form  complete 
sets  of  the  work,  to  supply  the  demand  from  new  institutions. 

"  7.  An  abstract  or  popular  account  of  the  contents  of  these  memoirs 
should  be  given  to  the  public  through  the  annual  report  of  the  Regents  to 
Congress. 

"  II.  By  appropriating  a  portion  of  the  income  annually  to  special  objects 
of  research,  under  the  direction  of  suitable  persons. 

u  1.  The  objects  and  the  amount  appropriated  to  be  recommended  by 
Counsellors  of  the  Institution. 

"  2.  Appropriation  in  different  years  to  different  objects  ;  so  that  in  course 
of  time  each  branch  of  knowledge  may  receive  a  share. 

"  3.  The  results  obtained  from  these  appropriations  to  be  published  with 
the  memoirs  before  mentioned  in  the  volumes  of  the  Smithsonian  Contribu- 
tions to  Knowledge. 

"  4.  Examples  of  objects  for  which  appropriations  may  be  made  : — 

"  (1.)  System  of  extended  Meteorological  Observations  for  solving  the 
problem  of  American  Storms. 

"  (2.)  Geological,  Magnetical,  and  Topographical  surveys  to  collect 
materials  for  the  formation  of  a  Physical  Atlas  of  the  United 'States. 

"  (3.)  Solution  of  experimental  problems;  such  as  weighing  the  earth  ; 
new  determination  of  the  velocity  of  electricity  and  of  light ;  chemical 
analysis  of  soils  and  plants  ;  collection  and  publication  of  articles  of  science, 
accumulated  in  the  offices  of  Government. 

"  (4.)  Institution  of  statistical  inquiries  with  reference  to  physical,  moral, 
and  political  subjects. 

<"  (5.)  Historical  researches  and  accurate  surveys  of  places  celebrated  in 
history. 

"  (6.)  Ethnological  researches,  particularly  with  reference  to  the  present 
races  of  men  in  North  Americn  ;  also  explorations  and  accurate  surveys  of 
the  mounds  and  other  remains  of  the  ancient  people  of  our  country." 

The  committee  have  made  this  long  extract  from  Professor  Henry's  Pro- 
gramme, in  order  to  give  to  the  Academy  an  adequate  idea  of  the  proposed 
?lan,  as  far  as  it  refers  to  the  first  branch,  or  the  Increase  of  Knowledge. 
t  has,  in  some  of  its  features,  been  already  adopted.  It  is  already  an- 
nounced that  one  voluminous  memoir,  copiously  illustrated  by  engravings, 
is  already  on  its  passage  through  the  press,  under  the  auspices  of  the  Smith- 
sonian Institution.  The  committee  refer  to  an  elaborate  memoir  by  Messrs. 
Squier  and  Davis,  on  the  aboriginal  mounds  discovered  in  large  numbers 
in  various  parts  of  the  United  States,  and  especially  in  the  region  north- 
west of  the  Ohio.  This  memoir  was  accepted  on  the  favorable  report  of 
the  Ethnological  Society  of  New  York,  to  which  it  has  been  referred  by 
the  Secretary  of  the  Institution,  and  in  whose  Transactions  an  abridgment 
of  it  has  appeared.  It  is  also  understood  that  a  memoir  on  one  of  the 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      967 

most  interesting  subjects  which  engages  the  attention  of  geometers  and 
mathematicians  at  the  present  moment,  viz  :  the  planet  Neptune,  has  been 
invited  by  the  Secretary  from  one  of  our  members. 

While  the  committee  would  deprecate  all  attempts  unduly  to  stimulate 
the  increase  of  knowledge,  as  sure  to  prove  abortive,  and  to  result  at  best 
in  the  publication  of  crude  investigations,  they  believe  it  quite  possible  to 
remove  some  of  the  obstructions  to  its  progress.  Narrow  circumstances 
are  too  apt  to  be  the  lot  of  genius  when  devoted  to  scientific  pursuits  ;  and 
the  necessity  of  providing  for  personal  and  domestic  wants  too  often  absorbs 
the  time  and  faculties  of  those  who  might,  if  relieved  from  cares  of  this 
kind,  have  adorned  their  age  and  benefitted  mankind.  To  such  men  a 
moderate  pecuniary  advantage,  derived  from  a  successful  investigation, 
might  be  of  vast  importance.  The  efficacy  of  market  upon  production  is 
not  limited  to  the  creations  of  physical  labor.  It  is  seen  in  the  history  of 
science  and  literature  of  every  age  and  country.  Invention  in  the  mechan- 
ical arts,  and  skill  in  practical  science,  are  well  paid  in  this  country,  and 
how  great  is  the  harvest  I  The  extraordinary  effect  even  of  an  honorary 
inducement  is  seen  in  the  case  of  the  medal  offered  by  the  king  of  Denmark 
for  the  discovery  of  telescopic  comets.  On  these  principles  it  may  be 
hoped,  that,  by  offering  a  moderate  pecuniary  compensation  for  researches 
of  real  merit,  valuable  contributions  to  knowledge  will  be  produced  ;  while 
their  publication  will  tend  directly  to  the  diffusion  of  knowledge.  An  en- 
couragement somewhat  similar,  toward  the  promotion  of  the  increase  of 
knowledge,  would  be  afforded  by  another  part  of  the  proposed  operations, 
that  of  providing  the  requisite  apparatus  and  implements,  and  especially 
books,  to  be  placed  in  the  hands  of  those  engaged  in  particular  lines  of  in- 
vestigation. In  this  way  it  is  not  unlikely  that  a  considerable  amount  of 
talent  may  be  rendered  effective,  which  at  present  is  condemned  to  inactiv- 
ity from  local  position  unfavorable  to  scientific  research. 

It  is  not  the  purpose  of  the  committee  to  engage  in  minute  criticism  of 
the  details  of  the  Programme  ;  but  it  may  not  be  out  of  place  to  suggest  a 
doubt  of  the  practicability  or  expediency  of  carrying  into  rigid  execution 
"  the  rejection  of  all  unverified  speculations,"  as  proposed  in  the  third  par- 
agraph of  the  first  section  above  cited.  While  it  is  obviously  advisable  to 
discountenance  all  theoretical  speculations  not  directly  built  upon  observa- 
tion, it  might  be  too  much  to  exact,  in  all  cases,  that  these  speculations 
should  have  been  actually  verified.  No  small  portion  of  modern  geology 
is  an  ingenious  structure  of  speculative  generalizations.  The  undulatory 
theory  of  light  can  hardly  claim  any  other  character.  The  nebular  theory, 
though  proposed  and  illustrated  by  the  highest  astronomical  talent  of  the 
past  and  present  generations,  is  rapidly  sinking  from  the  domain  of  accred- 
ited speculations.  It  maybe  doubted  even  whether  M.  Leverrier's  brilliant 
memoirs  on  the  perturbations  of  Uranus  would  not,  as  published  before  the 
discovery  of  Neptune,  have  fallen  within  this  principle  of  rejection  rigo- 
rously applied. 

Upon  the  whole,  the  committee  think  very  favorably  of  all  parts  of  the 
plan  for  increasing  knowledge,  and  feel  no  doubt  that  it  would  afford  im- 
portant encouragement  to  scientific  pursuits.  To  suppose  that  it  will  create 
an  era  in  science,  or  throw  into  the  shade  the  ordinary  educational  and  in- 
tellectual influences  at  work  in  the  country,  would  be  extravagant.  It  is 
enough,  and  all  that  can  be  expected,  if  it  be  a  rational  plan  for  appropriat- 
ing moderate  means  toward  the  attainment  of  a  desirable  end. 

To  fulfill  the  other  objects  of  the  trust,  viz.:  to  "  diffuse  knowledge," 
the  Secretary  proposes  to  publish  "  a  series  of  reports,  giving  an  account  of 
the  new  discoveries  in  science,  and  of  the  changes  made  from  year  to  year 
in  all  branches  of  knowledge  not  strictly  professional."  These  reports  are 
to  be  prepared  by  collaborators  most  eminent  in  their  several  departments, 
who  are  to  receive  a  compensation  for  their  labors  ;  the  collaborator  to  be 
furnished  with  all  the  journals  and  other  publications  necessary  to  the 
preparation  of  his  report. 


9G8      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 


The  following  enumeration  of  the  proposed  subjects  of  these  reports  will 
give  the  Academy  a  full  conception  of  this  part  of  the  plan. 

"I.    PHYSICAL   CLASS. 

"  1.  Physics,  including  Astronomy,  Natural  Philosophy,  Chemistry,  and 
Meteorology. 

"  2.  Natural  History,  including  Botany,  Zoology,  and  Geology. 

"  3.  Agriculture. 

"  4.  Application  of  Science  to  Arts. 

"  II.    MORAL   AND    POLITICAL   CLASS. 

"  5.  Ethnology,  including  Particular  History,  Comparative  Philology, 
Antiquities,  &c. 

»  6.  Statistics  and  Political  Economy. 

"  7.  Mental  and  Moral  Philosophy. 

"  8.  A  Survey  of  the  Political  Events  of  the  World  ;  Penal  Reform,  &c. 

"  III.    LITERATURE   AND   THE   FINE   ARTS. 

"  9.  Modern  Literature. 

"10.  The  Fine  Arts,  and  their  application  to  the  useful  arts. 

"11.  Bibliography. 

"  12.  Obituary  notices  of  distinguished  individuals." 

Another  branch  of  the  plan  for  the  diffusion  of  knowledge  contemplates 
the  offer  of  premiums  for  the  best  essays  on  given  subj> 

The  publications  of  the  Institution,  of  whatever  form,  an-  proposed  to  be 
presented  to  all  the  colleges  and  to  the  principal  libraries  and  scientific  in- 
stitutions throughout  the  country,  and  to  be  exchanged  for  the  transactions 
of  all  scientific  and  literary  societies  throughout  the  world,  thus  laying  the 
foundation  of  a  valuable  library.  An  adequate  number  are  to  be  preserved 
to  supply  the  future  demand  of  new  institutions,  and  the  remainder  are  to 
be  placed  on  sale  at  a  price  so  low  as  to  render  them  generally  accessible. 

For  carrying  out  the  plan  thus  sketched  for  increasing  and  diffusing 
knowledge,  the  Regents  propose  to  appropriate  one-half  of  the  income  of 
their  fund.  The  remainder  is  to  be  expended  in  the  formation  and  main- 
tenance of  a  library,  a  collection  of  instruments  of  research  in  all  branches 
of  experimental  science,  and  a  museum.  This  partition  of  the  income  of 
the  fund  is  stated  to  be  "  a  compromise  between  the  two  modes  of  increas- 
ing and  diffusing  knowledge." 

A  library  is  one  of  the  objects  contemplated  in  the  act  of  Congress,  estab- 
lishing the  Board  for  the  management  of  the  trust.  It  is  requisite  for 
carrying  out  the  plan  above  proposed.  At  the  same  time  it  will  be  observed, 
that  the  distribution  by  exchange  of  the  publications,  which  that  scheme 
of  operations  will  call  into  existence,  will  rapidly  provide  the  Institution, 
without  farther  expense,  with  the  class  of  works,  often  of  a  costly  charac- 
ter, which  are  most  directly  important  as  the  means  of  advancing  and  dif- 
fusing positive  knowledge.  It  is  accordingly  in  these  that  the  Secretary 
proposes  to  lay  the  foundations  of  the  library  ;  forming,  1st,  a  complete 
collection  of  the  Transactions  and  Proceedings  of  all  the  learned  societies 
in  the  world;  and,  2d,  a  similar  collection  of  all  the  current  periodical 
publications,  and  other  works  necessary  in  preparing  the  contemplated 
periodical  reports.  In  the  next  place,  it  is  proposed  to  procure  by  prefer- 
ence those  books  which  are  not  found  in  the  other  public  libraries  of  the 
United  States,  regarding  the  want  of  them  as  of  more  urgency  to  be  sup- 
plied than  that  of  a  symmetrical  and  proportionate  collection  of  books  in 
all  the  departments  of  science.  Such  a  library  as  the  plan  proposes  may  be 
fairly  regarded  as  an  important  instrument  for  the  increase  and  diffusion  oi 
knowledge. 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      969 

The  collection  of  scientific  apparatus  and  instruments  of  research  is  no 
less  needful  in  the  furtherance  of  the  above-mentioned  plan,  which,  as  it 
proposes  to  aid  individuals  in  the  prosecution  of  important  researches,  may 
often  do  so  most  effectually  by  the  loan  of  the  instruments  required  for  a 
particular  investigation.  They  will  also  be  needed,  especially  at  Washing- 
ton, for  carrying  out,  under  the  most  advantageous  circumstances,  the 
various  experimental  investigations  in  physics  already  pursued  by  the  Sec- 
retary, with  such  credit  to  himself,  and  such  honor  to  the  scientific  character 
of  the  country. 

The  Smithsonian  Institution  is  also  to  be  intrusted  with  the  conservation 
of  a  national  museum  ;  Congress  having,  by  a  clause  in  the  act  of  incorpo- 
ration, devolved  upon  it  the  charge  of  the  immense  collections  belonging  to 
the  public,  of  which  those  brought  home  by  Captain  Wilkes  from  the  Ex- 
ploring Expedition  form  the  greater  portion,  but  which  are  daily  increasing 
from  many  sources.  These  collections,  when  a  proper  and  convenient  place 
shall  have  been  prepared  for  their  reception  and  preservation,  are  likely  to 
accumulate  with  still  greater  rapidity  in  time  to  come. 

While  there  is  an  obvious  propriety  and  convenience  in  thus  intrusting 
the  care  of  the  public  collections  to  the  officers  of  the  Smithsonian  Institu- 
tion, it  will  not,  the  committee  trust,  be  forgotten  by  Congress,  that  the 
income  of  the  Smithsonian  bequest — moderate  at  best,  and  consecrated  to 
an  object  distinct  as  it  is  elevated — ought  not  to  be  burdened  with  the  cost 
of  constructing  an  edifice  for  the  reception  and  exhibition  of  the  public 
collections,  and  their  preservation  and  care.  These  objects  would  alone 
absorb  a  considerable  portion  of  the  fund.  If  drawn  upon  to  carry  them 
into  effect,  its  efficiency  for  any  other  purpose  will  be  seriously  diminished, 
if  not  altogether  destroyed. 

The  plan  also  contemplates  a  museum  of  the  fine  arts,  as  well  as  a  scien- 
tific apparatus  ;  it  proposes  to  procure  "  casts  of  the  most  celebrated  articles 
of  ancient  and  modern  sculpture,"  and  "  models  of  antiquities."  While  it 
is  undoubtedly  true,  that  a  gallery  of  this  description  would  find  an  appro- 
priate place  in  an  establishment  devoted  to  the  increase  and  diffusion  of 
knowledge  in  its  broadest  sense,  the  committee  cannot  but  hope  that  the 
immediate  execution  of  this  part  of  the  plan  will  not  be  attempted  ;  but 
that  it  will  be  deferred  till  other  objects  of  more  decided  utility  have  been 
provided  for,  and  until  a  surplus  of  unappropriated  funds  shall  have  accrued. 

The  Academy  will  perceive  that  the  most  novel  and  important  feature  of 
this  plan  is  that  which  proposes  to  insure  the  publication  of  memoirs  and 
treatises  on  important  subjects  of  investigation,  and  to  offer  pecuniary  en- 
couragement to  men  of  talent  and  attainment  to  engage  in  scientific  research. 
It  is  believed  that  no  institution  in  the  country  effects  either  of  these  objects 
to  any  great  extent.  The  nearest  approach  to  it  is  the  practice  of  the 
Academy,  and  other  philosophical  societies,  of  publishing  the  memoirs 
adopted  "by  them.  These,  however,  can  rarely  be  works  of  great  compass. 
No  systematic  plan  of  compensation  for  the  preparation  of  works  of  scien- 
tific research  is  known  by  the  committee  to  have  been  attempted  in  this  or 
any  other  country.  It  can  scarcely  be  doubted  that  an  important  impulse 
would  be  given  by  the  Institution,  in  this  way,  to  the  cultivation  of  scien- 
tific pursuits  ;  while  the  extensive  and  widely"ramified  system  of  distribu- 
tion and  exchange,  by  which  the  publications  are  to  be  distributed  through- 
out the  United  States  and  the  world,  would  secure  them  a  circulation  which 
works  of  science  could  scarcely  attain  in  any  other  way. 

It  is  an  obvious  characteristic  of  this  mode  of  applying  the  funds  of  the 
Institution,  that  its  influence  would  operate  most  widely  throughout  the 
•country  ;  that  locality  would  be  of  comparatively  little  importance  as  far 
as  this  influence  is  concerned  ;  and  that  the  Union  would  become,  so  to  say, 
in  this  respect,  a  great  school  of  mutual  instruction. 

The  committee  would  remark,  in  conclusion,  that,  in  a  plan  of  operations 
of  this  kind,  very  much  depends  upon  the  activity  and  intelligence  with 
which  it  is  administered.  The  character  of  the  Board  of  Regents  is  a 


970      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 


sufficient  warrant  for  the  prudence  and  good  judgment  which  will  watch 
over  the  general  interests  of  the  foundation;  while  the  reputation  of  the 
Secretary  and  his  assistant,  the  Librarian,  is  so  well  established  in  their  re- 
spective departments,  as  to  render  any  tribute  from  the  committee  entirely 
superfluous. 
All  which  is  respectfully  submitted  by  the  committee. 

EDWARD  EVERETT,  (Chairman.) 

JARED  SPARKS. 

BENJAMIN  PEIRCE. 

HENRY  W.  LONGFELLOW. 

ASA  GRAY. 
December  4th,  1847. 

NOTE. — Professor  Agassiz  was  named  of  the  committee,  but,  owing  to 
his  absence  at  the  South,  was  unable  to  take  part  in  the  preparation  of  this 
report. 

From  the  New  Jersey  Historical  Society. 

NEWARK,  N.  J.,  November  24,  1848. 

This  Society  having  already  considered  the  programme 
of  the  Smithsonian  Institution  and  adopted  tin-  n  port  of  a 
special  committee,  approving  of  its  provisions  (which  re- 
port has  been  transmitted  to  the  Regents,)  I  have  now  only 
to  state,  that  in  no  instance,  so  far  as  I  can  learn,  has  an  ex- 
amination of  the  document  failed  to  secure  for  it  the  same 
measure  of  commendation. 

W.  A.  WIIITEHEAD, 

Corresponding  Secretary. 

The  following  is  the  report  referred  to  : 

The  Committee  to  whom  was  referred  the  Programme  of  organization  of 
the  Smithsonian  Institution  report,  that  having  in  common  with  the  <»th.  r 
members  of  the  Historical  Society  listent-d  with  gratification  and  conviction 
to  the  exposition  by  Dr.  Henry,  of  the  nature  and  objects  of  the  Smith- 
sonian Institution,  and  of  the  means  whereby  those  objects  might  most 
surely  be  attained,  they  turned  their  attention  to  a  consideration  of  the 
Programme  referred  to  them. 

And  they  unhesitatingly  report,  as  the  result  of  their  considerations,  their 
unanimous  opinion,  that  in  the  general  considerations  set  forth  in  the  Pro- 
gramme, as  guides  in  adopting  the  proper  plan  of  organization,  the  designs 
of  the  liberal  founder  of  the  Institution  are  justly  appreciated,  and  the 
means  of  accomplishing  those  designs  are  set  forth  with  great  discrimina- 
tion. 

The  fund  is  a  trust  fund  for  the  increase  and  diffusion  of  knowledge 
among  men  ;  the  Institution  created  by  this  fund  is  not  a  national  estab- 
lishment, much  less  an  establishment  for  promoting  local  improvements  of 
any  sort.  Its  aim  is  to  "increase  knowledge"  by  the  discovery  of  new 
truths,  and  to  "  diffuse  "  this  increased  knowledge  by  suitable  publications. 
Its  field  is  not  Washington,  nor  even  the  United  States,  but  all  mankind. 

Hence  it  would  seem  obviously  to  result,  that  all  the  funds  so  far  as  now 
can  be  done  under  the  act  of  Congress  incorporating  the  Institution,  should 
be  sacredly  appropriated  in  such  manner  as  to  fulfill  the  views  above  indi- 
cated. 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      971 

Entertaining  these  views  the  Committee  would  look  upon  any  large  ex- 
penditure for  the  construction  or  ornament  of  buildings  at  Washington  as 
Tiisplaced,  as  contravening  the  comprehensive  and  liberal  designs  of  the 
bunder,  and  as  calculated  to  the  extent  to  which  such  expenditures  might 
3e  carried,  to  delay  the  period  when  the  munificence  of  the  endowment 
might  become  operative,  in  stimulating  the  inventive  genius  of  men,  and 
n  aiding  the  efforts  of  enterprising  individuals  in  diffusing  the  results  of 
,heir  discoveries  and  researches. 

The  details  of  the  plans  to  increase  and  to  diffuse  knowledge,  as  set  forth 
.n  the  Programme,  seem  to  your  Committee  wise  and  well  considered,  and 
is  eminently  fitted  to  render  the  bequests  of  the  liberal  Englishman  pro- 
luctive  of  its  legitimate  and  highest  results,  in  which  not  Americans  only,, 
jut  all  men  are  so  deeply  interested. 

Your  Committee  therefore  propose  these  resolutions  for  the  adoption  of 
the  Society  : — 

Resolved,  That  the  Programme  of  organization  of  the  Smithsonian  Insti- 
tution as  explained  by  Dr.  Henry,  seems  to  this  Society  to  lay  down  the 
most  efficient  and  fitting  means  for  rendering  available  in  its  highest  degree 
he  munificent  endowment  of  the  Institution  and  of  carrying  out  the  views 
of  its  founder. 

Resolved,  That  a  copy  of  these  proceedings  duly  authenticated  by  the 
officers  of  this  Society,  be  transmitted  to  the  Board  of  Eegents  of  the 
Smithsonian  Institution. 

CHARLES  KING. 
RICHARD  S.  FIELD. 
WM.  B.  KINNEY. 

L.  KlRKPATRICK. 

NICHOLAS  MURRAY. 

The  report  having  been  accepted,  the  resolutions  were  unanimously 
adopted. 

'  From  Nath'l  F.  Moore. 

COLUMBIA  COLLEGE, 
NEW  YORK,  November  24,  1848. 

As  regards  your  well  considered  programme  I  should 
hardly  have  presumed  to  offer  even  an  approval  of  it,  but 
for  your  request.  I  can  give  it  heartily  however,  and  fully  ; 
though  (complying  again  with  your  request)  I  venture  to 
suggest  that  perhaps  the  limitation  under  the  7th  head  of 
section  2d  is  too  narrow,  while  on  the  other  hand,  the  great 
value  of  the  fine  arts  and  the  just  appreciation  of  them  by 
cultivated  minds,  may  create  a  risk  of  the  institution's  going 
too  far  in  the  direction  opened  under  the  10th,  llth,  and 
12th  heads  of  the  same  section. 

I  read  some  time  ago  what  seemed  to  be  a  studied  vindi- 
cation of  the  step  taken  by  the  Institution  in  publishing 
the  work  of  Messrs.  Squier  and  Davis,  but  the  volume  now 
issued  from  the  press  carries  with  it  its  justification,  and 
will,  I  think,  be  everywhere  regarded  as  a  curious  and  val- 
uable contribution  to  knowledge  of  a  kind  that  was  much 
needed. 


D72  LETTERS    ON    PROGRAMME    OF    ORGANIZATION. 

From  Mark  Hopkins. 


WILLIAMS  COLLEGE, 
WILLIAMSTOWN,  MASS.,  November  24,  1848. 

I  have  received  a  copy,  forwarded  by  you,  of  the  pro- 
gramme of  the  Smithsonian  Institution.  It  meets  my 
hearty  approbation,  and  is  probably  as  perfect  as  any  thing 
of  the  kind  can  be  without  experience,  and  I  have  no  sug- 
gestion to  make. 

lu  such  an  enterprise  much  must  depend  on  the  officers, 
and  I  am  gratified  to  know  that  thus  far  the  selection  has 
been  such  as  to  deserve  and  receive  universal  confidence. 
If  any  co-operation  of  mine  should  be  needed,  it  may  be 
relied,  on. 

From  Enoch  Pond. 

BANGOR  THEOLOGICAL  SEMINARY, 

BANGOR,  ME.,  Novonlx  /•  :M,  1848. 

I  received  this  morning  your  favor  of  the  17th  with  the 
accompanying  papers.  I  have  perused  your  programme 
with  much  interest.  It  seems  to  have  been  drawn  up  with 
care,  and  with  a  due  regard  to  the  will  of  Mr.  Srnithson. 
I  think  of  no  additions  or  improvements.  It  meets  my  cor- 
dial approbation. 

From  Charles  J.   Wl«'j  >/>!<'. 

SALEM  ATHENEUM, 
SALK.M.  MASS.,  November  27,  1848. 

The  programme  of  organi/ation  of  the  Smithsonian  In- 
stitute meets  our  approbation:  one  «|iiestion  is  naturally 
suggested  after  its  perusal,  viz  :  can  all  the  objects  proposed 
be  accomplished  in  the  true  spirit  of  the  original  design? 
If  in  the  affirmative — then  the  institution  will  be  a  noble 
aliair — -just  what  is  wanted  at  this  time  to  meet  the  wants 
of  the  age.  It  has  our  hearty  co-operation,  and  we  should 
be  pleased  to  contribute  our  mite  towards  aiding  the  insti- 
tution to  carry  forward  successfully  all  their  plans. 

From  H.  J.  Ripley. 

NEWTON  THEOLOGICAL  INSTITUTION, 

NEWTON,  MASS.,  November  27,  1848. 

I  have  been  directed  by  the  faculty  of  this  institution  to 
acknowledge  the  receipt  of  your  communication  with  ac- 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      973 

companying  documents,  sent  to  the  late  president  of  this 
institution.  As  he  is  not  now  connected  with  the  institu- 
tion, the  papers  were  laid  before  the  existing  faculty. 

The  programme  has  our  entire  approbation.  We  are 
not  prepared  to  make  any  suggestions  relative  to  the  subject. 
We  trust  we  shall  be  always  ready  to  give  you  our  co-oper- 
ation in  cases  where  it  may  be  required. 

From  Simeon  North. 

HAMILTON  COLLEGE, 
CLINTON,  K  Y.,  November  30,  1848. 

The  accompanying  programme  I  have  examined  with  carer 
and  am  happy  to  say  that  I  regard  it  as  comprehensive  and 
judicious,  and  that  the  plan  which  it  marks  out  is  one  emi- 
nently fitted  to  subserve  the  interest  of  learning — both  in 
"  the  increase  and  diffusion  of  knowledge  among  men." 

From  James  P.  Wilson. 

DELAWARE  COLLEGE, 
NEWARK,  DEL.,  November  30,  1848. 

I  received  the  circular  sent  from  the  Smithsonian  Insti- 
tute, and  make  this  communication  simply  in  conformity 
with  the  specific  request  contained  in  it.  I  do  not  for  a 
moment  imagine  that  my  crude  views  can  be  of  any  value 
at  all  iu  the  matter. 

There  is  no  doubt,  that  from  the  data  in  the  bequest,  va- 
rious solutions  would  be  suggested  by  thoughtful  minds — 
and  innumerable  plans  projected — and  yet  on  carefully  read- 
ing and  reflecting  on  the  programme,  I  cannot  even  pro- 
pose a  criticism  by  wTay  of  amendment.  As  a  great  en- 
lightened agency  for  diffusing  knowledge  which  implies  in 
this  case  increasing  it,  so  far  as  practicable,  I  cannot  see  how 
a  scheme  can  be  devised,  more  comprehensive,  and  at  the 
same  time  more  effective  in  carrying  out  the  design  of  the 
testator.  These  I  think  must  be  the  impressions  of  any 
candid  mind. 

From  C.  P.  Krauth. 

PENNSYLVANIA  COLLEGE, 
GETTYSBURG,  PA.,  November  30,  1848. 
I  have  received  your  circular  and  the  accompanying  pro- 
gramme, &c.,  and  agreeably  to  your  request  express  in  this 
way  my  approbation  of  the  same.     Not  prepared  at  present 
to  make  any  suggestions  relative  to   the  subject.     I  will 
cheerfully  co-operate  in  any  way  that  I  can  hereafter. 


974      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

From   William  Sparrow. 

"  THEOLOGICAL  SEMINARY," 
FAIRFAX  Co.,  VA.,  December  1,  1848. 
In  regard  to  the  "  Programme  of  Organization  "  I  shall 
not  presume  to  offer  any  suggestions ;  I  only  venture  to 
express  the  hope  that  under  the  head  of  the  "  moral  and 
political  "  class  of  subjects,  the  particular  branches  of  moral 
and  mental  philosophy  will  receive  a  due  share  of  cultiva- 
tion, and  I  say  this,  only  because  of  the  extreme  difficulty 
which  manifestly  accompanies  your  labors  in  that  depart- 
ment above  all  others,  and  not  because  of  indifference 
towards  any  form  of  knowledge  which  concerns  mankind. 

From  M.  F.  Mam-y. 

NATIONAL  OBSERVATORY, 
WASHINGTON,  December  2,  1848. 

The  law  establishing  the  Smithsonian  Institution  is  in 
my  judgment  not  entirely  free  from  objection.  But  taking 
the  law  as  it  is,  it  appears  to  me  that  the  programme  of  the 
Institution  is  not  only  admirable,  but  the  best  that  under 
the  circumstances  of  the  case  could  have  been  devised. 

The  programme  appears  to  me  to  embrace  all  subjects, 
and  to  include  the  results  of  all  researches,  which  tend  to 
the  increase  and  diffusion  of  knowledge  among  men.  I  see 
no  room  for  improvement  and  therefore  have  no  suggestions 
to  make  with  regard  to  it. 

It  wTill  afford  me  pleasure  at  all  times,  and  on  all  occa- 
sions, to  co-operate  with  the  Smithsonian  Institution  in  the 
pursuit  of  those  departments  of  knowledge  appropriate  to 
the  Observatory ;  and  I  hope  therefore  you  will  do  me  the 
favor  to  call  freely  on  the  Observatory  in  all  matters  when- 
ever its  co-operation  may  subserve  the  great  interests  of 
science  and  therefore  of  the  world. 

From  Aug.  W.  Smith. 

WESLEYAN  UNIVERSITY, 
MIDDLETOWN,  CT.,  December  2,  1848. 

I  had  previously  received  a  copy  of  the  "  Programme  of 
Organization  of  the  Smithsonian  Institution,"  and  exam- 
ined it  with  some  care.  I  have  again  carefully  re-perused 
and  considered  the  details  as  therein  presented  with  your 
"  explanations  and  illustrations." 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      975 

In  common  with  many  others,  I  presume,  I  had  indulged 
some  apprehensions  on  the  subject  of  the  mode  in  which  the 
intentions  and  purposes  of  the  testator  could  and  would  be 
carried  out  by  the  trustee.  These  apprehensions  were  not 
diminished,  on  reading  the  reports  of  the  widely  different 
views  and  plans  which  seemed  not  merely  to  divide  but  to 
distract  Congress  while  the  subject  was  under  discussion. 
They  were,  however,  greatly  removed  by  a  sight  of  the 
programme. 

Those  portions  of  the  plan  which  se'em  to  result  directly 
from  the  will  of  the  testator,  by  the  action  of  yourself  and 
Board  of  Regents,  have  a  character  conformable  to  the  de- 
signs of  the  testator,  and  much  more  of  symmetry,  than  the 
novel  character  which  the  Institution  was  to  bear,  warran- 
ted the  hope  of  realizing  so  early  in  its  history.  I  re-read 
the  whole  with  the  special  purpose  of  raising  objections  and 
finding  occasion  to  make  suggestions,  but  I  freely  confess  I 
do  not  see  wherein  the  portion  referred  to,  could  be  im- 
proved, especially  as  the  details  are  conditioned  on  their 
practical  and  successful  character  when  tested  by  experience. 
Neither  am  I  prepared  to  condemn  the  appropriation  of  the 
means  of  the  Institution  by  the  positive  enactments  of  Con- 
gress to  the  formation  of  a  library — especially  the  kind. of 
library  contemplated.  But  with  regard  to  cabinets,  &c.,  I 
do  not  so  clearly  see  in  what  it  will  ultimate.  More  is, 
however,  to  be  feared  from  a  disposition  to  modify  and 
change,  under  the  pretence  of  improving  the  plan,  by  the 
numerous  sages  who,  as  members  of  Congress,  will  become 
its  guardians-in-law. 

My  hopes  of  its  success  arid  utility  are  strong  while  under 
its  present  direction,  if  untrammelled  by  new  restrictions 
and  left  free  to  act.  On  the  whole,  the  country  and  the 
friends  of  science  may  well  congratulate  themselves  upon 
the  prospects  of  the  Institution,  and  especially  (allow  me  to 
say  it  in  all  sincerity)  upon  the  choice  of  the  individual  se- 
lected to  direct  and  superintend  its  interests,  with  regard  to 
whom  public  sentiment  is  unanimous  so  far  as  I  have  heard 
an  expression  of  opinion. 

From  James  Curley. 

GEORGETOWN  COLLEGE, 
DISTRICT  OF  COLUMBIA,  December  5,  1848. 
"VVe  shall  give  our  opinion  as  soon  as  possible  of  the  ad- 
mirable plan  you  have  formed  for  the  organization  of  the 
institution. 


976      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

From  Edward  Hitchcock. 


AMHERST  COLLEGE, 
AMHERST,  MASS.,  December  7,  1848. 

I  have  looked  over  the  programme  of  the  Institution 
with  much  interest,  and  consider  it  most  admirably  adop- 
ted to  accomplish  the  objects  aimed  at  by  Mr.  Smithson. 
So  complete  is  it  in  its  applications  that  with  my  limited 
knowledge  I  have  no  additional  suggestions  to  make.  I 
anticipate  very  interesting  results  to  the  cause  of  science-  in 
this  country  from  the  carrying  out  of  this  plan. 

From  Hector  Humphreys. 

ST.  JOHN'S  COLLEGE, 

ANNAPOLIS,  MARYLAND,  December  11,  1848. 
I  have  read  the  programme,  and  say  at  once,  that  I  highly 
approve  all  its  provisions.  It  fills  up  providentially  a  de- 
sideratum long  felt  in  the  United  States,  owing  to  tne  little 
encouragement  which  our  government  feels  authorized  un- 
der the  Constitution  to  extend  to  science  and  art.  This, 
has  reached  but  little  beyond  the  poor  protection  that  the 
patent  laws  give  to  new  inventions.  Your  plan  will  incite 
many  industrious  and  ingenious  men  to  undertake  works  of 
original  research,  because  you  offer  them  a  certain  reward, 
in  case  they  should  succeed.  The  subsequent  diffusion  will 
need  no  stimulus. 

From  the  President  and  Faculty  of  Georgetown  College. 

GEORGETOWN  COLLEGE, 
DISTRICT  OF  COLUMBIA,  December  16,  1848. 

We  have  received  the  first  volume  of  the  "  Smithsonian 
Contributions  to  Knowledge,"  and  now  return  many  thanks 
to  you  and  to  those  whose  wisdom  and  experience  have 
formed  the  "Plan  of  Organization"  which  has  brought  to 
light  the  interesting  subject  contained  in  the  splendid  work 
now  presented  to  the  public. 

In  acknowledging  your  kindness  for  this  valuable  present 
we  cannot  avoid  expressing  our  admiration  of  the  Plan  of 
Organization  itself,  which  is  contained  in  your  able  Report 
of  December,  1847 ;  convinced  as  we  feel  that  scarcely  any- 
thing superior  to  it  could  be  conceived  to  carry  out,  wisely, 
and  generously  the  intentions  of  Mr.  Smithson.  This  being 
our  candid  opinion  it  would  be  useless  to  analyse  the  report 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      977 

in  order  to  show  the  excellence  of  each  part  in  its  further- 
ance of  the  grand  object  of  the  Smithsonian  Institution,  as 
an  impartial  mind  by  attentively  perusing  your  report  wil 
easily  perceive  how  fully  it  embraces  the  benevolent  designs 
of  the  founder. 

From  E.  Robinson. 

UNION  THEOLOGICAL  SEMINARY, 

NEW  YORK,  December  18,  1848. 

Your  letter  announcing  the  first  volume  of  the  Contribu- 
tions, was  put  into  my  hands  on  Saturday;  though  \ 
volume  was  received  some  days  earlier.  I  beg  leave  to  re- 
turn thanks,  in  behalf  of  the  Directors  and  Faculty  of  the 
Seminary  for  the  volume  in  question,  which  contains  a  rich 
harvest  of  information,  that  always  seemed  to  me  a  very 
appropriate  beginning  for  such  an  Institution. 

In  regard  to  the  Programme  forwarded,  I  have  already 
stated  to  Professor  Henry,  and  perhaps  to  yourself,  my  i 
vorable  views. 

From  Henry  Brewerton. 

U.  S.  MILITARY  ACADEMY, 
WEST  POINT,  K  Y.,  December  18,  1848. 
After  carefully  looking  over  the  Programme  I  find  noth- 
ing to  suggest,  by  way  of  improvement,  in  the  details  of 
the  plan  adopted  for  carrying  out  the  bequest  of  Mr.  Smit. 
son. 

From  Francis  Wayland. 

BROWN  UNIVERSITY, 
PROVIDENCE,  K.  I.,  December  19,  1848. 
I  have  been  for  some  time  acquainted  with  the  Pro- 
gramme of  the  Smithsonian  Institution,  and  have  deliber* 
ftely  reflected  upon  the  plans  which  it  unfolds  for  carrying 
fnto  effect  the  benevolent  designs  of  the  testator ;  and  it 
gives  me  great  pleasure  to  assure  you  that  I  cordially  ap- 
prove of  them  In  the  first  place,  I  can  conceive  of  no 
other  method  by  which  Mr.  Smithson's  object,  to  increase 
and  diffuse  knowledge  among  men,  could  be  so  literally  and 
completely  realized.  In  the  next  place,  the.work  which  it 
aims  to  accomplish  is  of  inestimable  importance,  and  it  can 
be  accomplished  by  no  other  institution  now  existing  m 
our  country.  You  will  thus  be  enabled  to  render  most 


C2 


978      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 


efficient  aid  to  every  other  literary  and  scientific  institution, 
without  interfering  with  the  labors  of  any,  and  you  will  at 
the  same  time  disseminate  original  knowledge  in  every 
country  on  the  globe.  A  new  impulse  will  thus  be  given 
to  investigation  in  every  department  of  science;  and 
learned  men  will  know  that  through  you  they  will  be  able 
to  make  their  discoveries  available  to  their  brethren  through- 
out the  civilized  world.  Time  and  experience  may  very 
possibly  suggest  modifications  of  your  original  plan,  and 
for  these  modifications  it  will  be  always  prepared.  I,  how- 
ever, know  of  none  which  I  would  wish  to  propose. 

I  think  you  have  been  fortunate  in  commencing  the  series 
with  the  volume  on  "  The  Ancient  Monuments  in  the  Mis- 
sissippi Valley."  It  is  an  addition  to  human  knowledge  and 
peculiarly  adapted  to  the  present  condition  of  ethnological 
inquiry.  It  can  not  fail  to  be  well  received  both  in  this 
country  and  in  Europe. 

\\'u<nl 


u<n*. 


CULL  I-;.;K. 

BRU.NSWK  K,  Mi-:..  Av,  ,„/„•/•  23,  1848. 

I  am  happy  to  take  this  occasion  to  expre<s  the  great 
satisfaction  with  which  the  gentlemen  of  onr  college  faculty 
have  examined  the.  comprehensive  plan  presented  in  the 
Programme  of  Organization  of  the  Smithsonian  Institution, 
and  their  disposition  to  co-operate  by  every  means  in  their 
power  in  promoting  the  object  of  the  Institution. 

From  W.  Peronneau  Pinky. 

COLLEGE  OF  CHARLESTON, 
CHARLESTON,  S.  C.,  December  25,  1848. 
I  hardly  need  say  that  the  "Programme  of  Organization," 
&c.,  a  copy  of  which  accompanies  your  letter,  is,  in  my 
opinion,  most  admirably  adapted  to  effectuate  the  objects 
of  the  Institution.     I  have  no  suggestion  to  make  which 
could  render  the  scheme  adopted  more  perfect. 

From  E.  D.  MacMaster* 

MIAMI  UNIVERSITY, 
OXFORD,  OHIO.,  December  28,  1848. 

The  Programme  of  the  Institution,  which  you  did  us  the 
honor  to  send,  appears  to  us  to  be  conceived  in  a  liberal 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      979 

spirit,  and  formed  with  a  comprehensiveness  of  scope  well 
befitting  the  design  of  this  great  Institution  ;  and  we  look 
with  much  confidence  for  valuable  results  from  it  under  its 
present  direction  in  accomplishing  that  design. 

I  take  the  liberty  of  suggesting  what  I  suppose  is  in- 
cluded, though  not  specifically  mentioned,  under  your  first 
title  of  subjects,  the  subject  of  Ethico- Political  Science; 
especially  the  origin,  constitution,  objects,  and  ends  of  the 
State,  and  its  relations  to  other  institutions,  as  the  church, 
the  family,  the  various  societies,  purely  voluntary,  existing 
among  men,  &c.,  &c.,  as  one  worthy  of  being  commended 
to  the  notice  of  some  able  and  well-qualified  men  among 
your  collaborators.  We  claim  that  our  political  system 
pre-eminently  rests  upon  an  ethical  foundation,  and  is 
essentially  grounded  upon  the  natural  rights  of  man ;  and 
that  our  country  occupies,  in  this  respect,  a  peculiar  position 
in  relation  to  the  other  nations  in  their  great  progress  to- 
Avard  the  new  political  order  to  which  they  are  making 
their  way.  It  would  seem  to  be  peculiarly  fitting  that  an 
Institution,  founded  by  a  foreigner  and  committed  to  the 
Government  of  this  nation  as  a  trustee,  for  the  increase  and 
diffusion  of  knowledge  among  men,  should  promote  expo- 
sition and  (elucidation  of  the  tJieory  of  the  State,  in  its  own 
nature  and  its  relations — a  subject  not  yet  well  understood 
by  the  nations,  perhaps  even  by  ourselves.  And  though  I 
am  aware  of  the  causes  which  make  it  more  difficult  for 
such  an  Institution  as  yours  to  undertake  the  discussion  of 
moral  and  political  subjects  than  those  of  physical  science, 
or  of  literature  and  art,  yet  I  would  hope,  on  the  one  hand, 
that  writers  on  such  a  subject  would  go  deep  enough  toward 
the  foundation  of  things  to  get  beyond  the  troubled  waters 
at  least  of  party-politics ;  and  that,  on  the  other  hand,  there 
would  be,  on  the  part  of  their  readers,  such  a  manly  spirit 
of  confidence  in  the  power  of  truth  as  not  to  be  afraid  of 
such  admixture  of  error,  real  or  supposed,  as  might  be  un- 
avoidable. But  I  submit  the  matter  to  your  consideration, 
merely  making  the  suggestion. 

From  Charles  Martin. 

HAMPDEN  SIDNEY  COLLEGE,  VA.,  December  27,  1848. 
Some  two  or  three  months  ago,  while  temporarily  officiat- 
ing as  president  of  our  college,  I  received  one  number  of 
the  "  Smithsonian  Contributions  to  Knowledge  —  The 
Ephemeris  of  Neptune  for  the  Opposition  of  1848."  Con- 
stant occupation,  and  the  pressure  of  care  at  that  time  pre- 


980      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

vented  a  prompt  acknowledgment  of  the  favor  conferred  on 
the  college. 

But  I  seize  the  first  comparative  leisure  afforded  me  to 
express  my  thanks,  on  behalf  of  the  college,  for  this  contri- 
bution ;  and  may  I  not  embrace  the  occasion  to  say  that  I 
feel  deeply  interested  in  all  the  movements  of  this  noble, 
most  remarkable,  and  somewhat  singular  Institution  over 
which  you  preside. 

This  Institution  is  one  of  the  most  striking  educational 
features  of  the  age,  and  peculiarly  characteristic  of  our 
country  and  her  bold,  liberal,  practical  spirit,  and  in  it,  as 
such,  I  take  pride,  and  rejoice.  Though  we  are  indebted 
to  a  foreigner  for  its  liberal  foundation,  yet  great  glory 
must  accrue  to  our  Government,  which  seems  to  be  the 
only  one  on  earth  capable  of  accomplishing  tin-  generous 
and  philanthropic  purposes  of  the  doimr. 

I  in  common  with  all  my  fellow  citizens  who  are  inter- 
ested in  the  increase  of  knowledge,  shall  hail  with  joy  every 
addition  you  make  to  science,  every  encouragement  you 
afford  to  the  inquiring,  and  every  impulse  you  give  to 
the  American  mind.  The  Christian  and  patriot  must  hope 
for,  and  rejoice  in,  the  success  of  this  n<>l>le  Institution. 

From  A.  S.  Packard. 

BOWDOIN  COLLEGE, 
BRUNSWICK,  Mi:.,  December  28,  1848. 

As  regards  the  volume  whieh  has  been  issued  by  the 
Smithsonian  Institution,  I  may  be  allowed  to  state  my  per- 
sonal gratification  in  this  "  contribution  "  to  our  knowledge 
of  a  past  and  forgotten  race.  Some  years  since  I  was  much 
interested  in  the  subject  and  pursued  my  inquiries  with 
such  aids  as  were  then  accessible.  I  have  been  much  struck 
therefore  with  the  clearness,  definiteness  and  reliability  of 
the  investigation  which  this  volume  contains;  and  I  cannot 
but  think,  that  this  first  "  contribution  "  of  the  Smithsonian 
Institution  will  be  received  as  an  earnest  of  the  great  good 
it  may  accomplish  for  our  country. 

From  John  Chamberlain. 

OAKLAND  COLLEGE,  Miss.,  December  30,  1848. 
As  to  the  programme  which  has  been  adopted  by  the  Re- 
gents, it  receives  my  entire  approbation — because  of  its 
worthy  Secretary,  and  his  associates  by  whom  it  was  pro- 
jected— who  are  deserving  unqualified  confidence  for  their 
ability  to  devise  and  manage  for  the  best  interests  of  such 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      981 

^,n  Institution.  And  in  respect  to  co-operating  in  cases 
where  it  may  be  required,  and  where  we  have  the  ability  to 
do  so,  will  be  most  cheerfully  given. 

From  A.  C.  Kendrick. 

MADISON  UNIVERSITY, 
HAMILTON,  K  Y.,  January,  1849. 

Owing  to  the  peculiar  circumstances  of  our  Institution 
being  without  a  president,  and  an  exciting  question  pend- 
ing as  to  its  location,  and  also  some  questions  pertaining  to 
its  organization  being  yet  unsettled,  you  will  not,  I  trust, 
regard  it  as  disrespectful  that  your  valuable  communication 
has  remained  so  long  unacknowledged. 

Permit  me  in  the  first  place,  as  the  librarian  of  the  Insti- 
tution, to  tender  to  you  our  sincere  thanks  for  the  very 
valuable  donation  which  we  have  received  from  your  Insti- 
tution, and  the  deep  interest  which  we  feel  in  its  objects  and 
prosperity.  As  you  request  the  president's  opinion,  if  he 
approves  the  plan  of  the  Institution  and  suggestions,  I  sup- 
pose that  in  the  absence  of  a  president,  you  will  scarcely 
expect  an  answer  to  these  questions.  Permit  me  to  say, 
however,  that  having  examined  the  Programme  of  Organi- 
zation, I  am  deeply  interested  in  it,  and  highly  gratified 
with,  and  feel  confident  that  it  cannot  but  prove  a  most 
powerful  auxiliary  to  the  cause  of  sound  learning  and 
refined  taste  in  this  country.  I  shall  submit  the  paper  to  my 
colleagues,  and  any  suggestions  which  they  may  make  I 
shall  forward  to  you.  The  only  suggestion  that  has 
occurred  to  me  is  the  inquiry  whether  ancient  literature,  con- 
sidering the  intimate  connection  which  it  sustains  with 
modern,  being  in  no  slight  degree  its  source  and  parent,  and 
also  considering  this  liability  to  be  pushed  aside  by  the 
enlarging  boundaries  and  exciting  nature  of  scientific  studies 
and  of  modern  literature,  might  not  justly  have  a  place 
among  the  specific  objects  to  which  the  Smithsonian  Insti- 
tute shall  devote  its  inquiries.  Is  not  the  total  omission  of 
this  subject  a  defect  in  the  plan  of  a  national  institution  so 
comprehensive  as  that  of  the  Smithsonian  Institution? 
Considering  also  the  connection  of  the  ancient  literature 
with  the  fine  arts,  do  we  not  find  an  additional  reason  for 
including  this  branch  of  study.  Deeply  penetrated  as  I  am 
with  the  conviction  that  the  ancient  languages  and  litera- 
ture must  ever  hold  an  indissoluble  connection  with  the 
highest  liberal  culture,  I  can  scarcely  reconcile  myself  to  the 
the  entire  omission  of  this  class  of  studies  in  the  plan  of  In- 


982      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

stitution.  Still  I  am  aware  that  it  is  measurably  embraced 
under  the  head  of  comparative  philology,  which  can  scarcely 
be  pursued  a  step  without  calling  into  requisition  the 
ancient,  classical,  and  oriental  members  of  the  Indo-Euro- 
pean family  ? 

You  will  pardon,  gentlemen,  this  suggestion,  which  is 
not  made  in  any  spirit  of  fault-finding  or  dictation.  I  have 
entire  confidence  in  the  competency  of  the  gentlemen  to 
whom  the  management  of  the  Institution  is  entrusted,  and 
doubt  not  they  will  give  such  scope  to  its  plans  and  etl'e. -ts 
as  will  conduce  most  largely  to  its  usefulness. 

Fromi  Philip  Lindsley. 

UNIVERSITY  OF  NASHVILLE, 
NASH vi i. LI-:,  TLNN.,  . ////>>/'//•//  5,  1840. 
I  have  carefully  examined  the  "Programme,"  and  I  cor- 
dially approve  it.     Of  course,  I  have  no  suggestions  to  otter. 
I  rejoice  that  the  Institution  is  fairly  at   work  under  tin- 
most  favorable  auspices,  and   with  every  prospect  of  fully 
meeting  the  highest  anticipations  of  its  friends  and  <>f  tin- 
public  generally. 

From  Benjamin  S.  Ew( I.I. 

WILLIAM  AND  MARY  COLLEGE, 

BUCKLAND,  PRINCE  WILLIAM  Co.,  VA.,  January  8, 184!*. 
It  would  give  me  great  pleasure,  had  I  tin-  opportunity  or 
the  power,  to  co-operate  with  you  in  founding  the  Smith- 
sonian Institution  on  a  permanent  basis,  and  in  extending 
its  sphere  of  usefulness  in  the  manner  requested  in  your 
circular,  dated  November  17th,  1848.  I  have  read  the 
"Programme  of  the  Institution,"  and  it  appears  to  me  to 
•be  so  full  and  so  complete,  in  -every  respect,  that  there  is  no 
room  for  suggestions  of  alterations  or  additions.  I  will  ask 
if  nothing  is  to  be  said  in  the  "  reports,  giving  an  account 
of  the  new  discoveries  in  science  "  on  the  progress  of  math- 
ematical science,  and  if  the  close  connection  between  this 
science  and  some  of  those  mentioned  does  not  demand  that 
something  be  said  of  it  ?  Is  there  any  science  in  which  so 
little  has  been  effected  by  Americans  as  in  this  ? 

From  Andrew  Wylie. 

INDIANA  UNIVERSITY, 
BLOOMINGTON,  INDIANA,  January  9,  1849. 
As  you  have  requested,  I  venture  to  make  the  suggestion 
whether  an  annual  review  of  the  current,  or  rather  of  the 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      983 

emergent  literature  of  the  United  States,  to  be  published 
somehow  under  the  auspices  of  the  Smithsonian  Institution, 
might  not  do  good,  requesting  all  authors  to  send  the  off- 
spring of  their  brain  to  the  Institute  for  inspection,  dissec- 
tion, rejection,  selection,  as  the  case  might  require.  Most, 
we  may  suppose,  would  be  inspected  and  rejected  at  sight; 
still  a  good  thing  worth  preservation  might  be  picked  out 
now  and  then  which  otherwise  the  public  would  know 
nothing  about. 

From  A.  P.  Stewart. 

CUMBERLAND  UNIVERSITY, 
LEBANON,  TENN.,  January  9,  1849. 

I  am  requested  by  the  faculty  of  this  institution,  to  say, 
in  reply  to  your  communication  to  the%  president  of  17  Nov. 
last,  that  the  Programme  of  the  Smithsonian  Institution,  a 
copy  of  which  was  enclosed  with  the  communication  re- 
ferred to,  is  highly  approved  by  them.  From  the  examina- 
tion they  have  been  able  to  give  to  the  subject,  they  are  of 
the  opinion  that  the  plan  adopted,  is,  perhaps,  the  best  that 
could  have  been  devised  for  promoting  the  objects  of  the 
testator.  They  feel  greatly  interested  in  the  success  of  an 
Institution,  whose  objects  are  the  increase  and  diffusion  of 
knowledge  among  men,  and  will  cordially  co-operate  in 
furthering  these  ends,  so  far  as  the}7  may  be  able  or  as  may 
be  required  ;  but  are  not  aware  of  any  important  sugges- 
tion they  could  make,  that  has  not  already  occurred  to  the 
managers  of  the  enterprise,  in  whose  wisdom  and  ability 
they  have  full  confidence. 

From  C.  W.  Parsons. 

RHODE  ISLAND  HISTORICAL  SOCIETY, 

PROVIDENCE,  January  17,  1849. 

The  donation  from  the  Regents  of  the  Smithsonian  In- 
stitution, with  the  accompanying  circular,  programme,  &c., 
presented  to  the  Rhode  Island  Historical  Society,  were  duly 
received,  and  a  committee  was  appointed  with  instructions 
to  report  a  suitable  reply.  At  the  regular  meeting,  Janu- 
ary 16th,  this  committee  made  a  report,  through  its  chair- 
man, Prof.  Gammell  of  Brown  University.  The  following 
resolutions,  recommended  in  this  report,  were,  after  full  con- 
sideration and  discussion,  unanimously  adopted  by  the 
Societv. 


984      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

"  1.  Resolved,  That  the  thanks  of  the  Society  be  presented 
to  the  Regents  of  the  Smithsonian  Institution,  for  the  copy 
of  the  first  volume  of  the  Smithsonian  Contributions  to 
Knowledge,  lately  received  from  them — a  work  which  we 
deem  of  the  highest  value  and  importance  in  the  depart- 
ment of  knowledge  to  which  it  relates. 

"  2.  Resolved.  That  in  the  opinion  of  this  Society,  the 
programme  of  the  Institution  submitted  in  connection  witli 
the  above-named  volume,  embraces  a  comprehensive  and 
impartial  survey  of  the  entire  field  of  human  knowledge; 
that,  though  it  contains  the  fnllest  provision  for  promoting 
the  various  departments  of  natural  science,  yet  it  l»y  no 
means  neglects  the  cultivation  of  general  liU'ratuiv,  art.  <>r 
history,  and  that  the  plan  which  it  unfolds  of  collecting  a 
library,  of  encouraging  investigation  and  research,  and  pub- 
lishing their  results,  is  in  the  good  judgment  •>!'  this  Society, 
worthy  of  the  approbation  of  tin-  public,  and  of  the  co-op- 
eration of  literary  and  scientific  bodies  and  individuals 
throughout  the  country,  and  is  in  all  respects  suited  to  fur- 
ther the  "increase  and  diffusion  of  knowledge  among  men/' 
the  high  ends  had  in  view  by  the  munificent  founder  of  the 
Institution. 

"  3.  Resolved,  That  this  society  respectfully  com  nun  ds  to 
the  consideration  of  the  Regents,  as  worthy-  of  a  prominent 
place  among  the  subjects  of  their  countenance  and  patron- 
age, the  science,  statistics,  and  the  various  public  interests 
and  results  connected  with  popular  education,  as  it  is  found 
in  the  different  countries  of  the  civil i/ed  world. 

"  4.  Resolved,  That  the  Secretary  be  requested  to  furnish 
the  information  concerning  the  collections  of  this  society, 
which  is  asked  for  in  the  Circular  of  the  Regents  of  the 
Smithsonian  Institution,  and  also  to  transmit  to  the  Secre- 
tary of  that  Institution  a  copy  of  the  foregoing  resolutions." 

The  circular  and  inquiries  are  in  the  hands  of  the  appro- 
priate officers,  and  the  information  requested  will  be  early 
forwarded. 

From  David  Elliott. 

WESTERN  THEOLOGICAL  SEMINARY, 
ALLEGHENY  CITY,  PENN.,  January  30,  1849. 
The  Programme  submitted  embraces  a  range  of  subjects 
of  great  utility,  and,  as  far  it  goes,  meets  my  approbation. 
The  discussion  of  these  various  subjects,  by  competent  per- 
sons, and  the  diffusion  of  knowledge  respecting  them,  can- 
not fail  to  elevate  the  literary  character  of  the  country,  and 
add  to  its  general  intelligence. 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      985 

As  you  have  invited  suggestions,  I  would  respectfully 
ubmit  whether  natural  theology  and  the  evidences  of 
Christianity  might  not  be  included  in  the  second  class  of 
mbjects  to  be  embraced  in  the  reports.  These  are  not  so 
>trictly  professional  as  to  forbid  their  admission  to  a  share 
n  the  labors  of  an  Institution  established  "  for  the  increase 
tnd  diffusion  of  knowledge  among  men."  Lord  Brougham, 
who  has  written  a  treatise  on  the  former,  has  denned  "  the 
3lace  and  the  claims  of  natural  theology  among  the  various 
>ranches  of  human  knowledge  " — (Dedication  to  his  Dis- 
course on  Natural  Theology.)  And  Addison,  Soams, 
Jenyns,  and  Erskine,  without  any  professional  sympathies, 
lave  considered  the  evidences  of  Christianity  a  legitimate 
iubject  of  historical  and  philosophical  inquiry.  Might  not 
these  subjects,  then,  be  added  to  your  list  without  impinging 
upon  the  liberal  and  catholic  character  of  your  Institution  ? 

From  the  American  Antiquarian  Society. 

WORCESTER,  MASS.,  January  31,  1849. 

The  Publishing  Committee  of  the  American  Antiquarian 
.Society,  to  whom  was  referred  the  "Programme  for  the 
Organization  of  the  Smithsonian  Institution,"  beg  leave  to 
report  as  follows : 

The  joint  letter  of  the  Secretary  and  Assistant  Secretary 
'of  the  Institution,  which  accompanied  the  copy  of  the  Pro- 
gramme forwarded  to  this  Society,  contains  the  following 
:  request : 

"  Should  the  Programme  meet  with  your  approbation, 
!  we  beg  leave  to  request  that  you  will  favor  us  with  a  written 
expression  of  your  approval ;  that  you  will  furnish  us  with 
any  suggestions  relative  to  the  subject  which  may  be  deemed 
of  importance,  and  give  us  your  co-operation  in  cases  where 
it  may  be  required." 

Although  the  plan  of  organization  proposed  for  consider- 
ation has  "now  been  so  long  before  the  public,  sustained  and 
sanctioned  by  able  men  and  learned  associations  most  com- 
petent to  judge  of  its  merits,  as  to  render  further  testimony 
of  little  importance,  the  Antiquarian  Socisty  are  happy  to 
avail  themselves  of  the  opportunity  to  express  their  interest 
in  the  purposes  of  the  Smithsonian  Institution,  their  confi- 
dence in  the  gentlemen  to  whom  the  management  of  its 
concerns  has  been  intrusted,  and  their  cordial  desire  to  co- 
operate in  whatsoever  manner  the  objects  of  their  own 
establishment  may  render  practicable. 


986      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

The  system  suggested  by  Professor  Henry,  and  his  aesiit- 
ant,  is  so  concisely  yet  clearly  stated  by  themselves,  that  it 
is  difficult  to  present  its  'general  principles,  and  the  modes 
of  operation  which  it  contemplates,  in  an  abridged  form. 
If,  however,  the  leading  principles  are  just,  it  may  be  sale 
to  conclude  that  a  judicious  application  of  them  in  practice 
will  result  from  the  present  wisdom,  or  ultimate  experience, 
of  those  \vho  are  charged  with  their  administration. 

The  proposed  organization  is  deduced  from  certain  gene- 
ral considerations  which  are  expressed  in  the  form  of  an 
introduction  to  the  details  of  the  plan.  The  most  prominent 
of  these  are — "  1st.  That  the  property  is  bequeathed  to  tin- 
United  States,  to  found  at  Washington,  under  the  name  of 
the  Smithsonian  Institution,  an  establishment  for  the  in- 
crease and  diffusion  of  knowledge  among  men.  2d.  The 
bequest  is  for  the  benefit  of  mankind  :  the  Government  of 
the  United  States  being  merely  a  trustee  to  carry  out  the 
design  of  the  testator.  3d.  The  Institution  is  not  a  national 
establishment,  as  is  frequently  supposed,  but  the  establish- 
ment of  an  individual,  and  is  to  bear  and  perpetuate  his 
name.  4th.  The  objects  of  the  Institution  are — 1st,  to  in- 
crease, 2d,  to  diffuse  knowledge  among  men.  5th.  Tin •>»• 
two  objects  must  not  be  confounded  with  one  another,  lith. 
The  will  makes  no  restriction  in  favor  of  any  particular 
kind  of  knowledge  ;  hence  all  branches  arc  entitled  to  u 
share  of  attention." 

In  accordance  with  the  foregoing,  and  other  deductions 
from  the  will  of  Smithson,  it  is  proposed  to  increase  knowl- 
edge in  two  ways,  viz.:  "  To  stimulate  men  of  talent  to 
make  original  researches  by  ofteriiiir  suitable'  rewards  for 
memoirs  containing  new  truths:  and,  secondly,  to  appro- 
priate annually  a  portion  of  the  income  for  particular  re- 
searches, under  the  direction  of  suitable  persons,"  tin- 
results  of  these  researches  to  be  published  in  a  series  of 
volumes,  entitled  Smithsonian  Contributions  to  Knowledge. 
As  a  security  against  the  adoption  of  unverified  speculations 
or  imperfectly  conducted  researches,  it  is  suggested,  that 
every  memoir  should  be  submitted  for  examination  to  a 
commission  of  persons  of  reputation  for  learning  in  the 
branch  to  which  the  memoir  pertains,  and  to  be  accepted 
only  in  case  the  report  is  favorable.  Moreover,  a  positive 
addition  to  human  Knowledge,  resting  on  original  research, 
is  to  be  demanded ;  and  the  appropriations  in  different 
years  are  to  be  to  different  subjects,  so  that  each  branch  of 
knowledge  may  receive  a  share. 

It  will  be  seen  that,  in  this  division,  the  increase  and  the 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      987 

liffusion  of  knowledge  are  both  combined,  as  of  necessity 
.hey  must  be,  But  for  the  simple  diffusion  of  knowledge 
ilready  in  existence,  another  arrangement  is  contemplated, 
viz.:  1st,  "  The  publication  of  a  series  of  reports,  giving  an 
iccount  of  the  new  discoveries  in  science,  and  of  the  changes 
made  from  year  to  year  in  all  branches  of  knowledge  not 
strictly  professional."  2d.  "  The  publication  of  separate 
treatises  on  subjects  of  general  interest."  It  is  proposed 
that  the  reports  shall  embrace  not  only  physical,  but  moral 
and  political  subjects,  and  also  literature  and  the  fine  arts ; 
similar  precautions  with  those  before  stated  being  adopted 
to  insure  the  substantial  value  of  whatever  shall  be  published. 
This  scheme  of  operation  it  is  supposed  may  be  carried 
into  execution,  in  accordance  with  the  act  of  Congress  which 
requires  the  formation  of  a  library  and  museum,  by  divid- 
ino-  the  income  into  two  equal  parts— one  part  to  be  appro- 
priated to  the  increase  and  diffusion  of  knowledge,  by  means 
of  publications  and  researches,  as  already  stated ;  the  other 
to  be  appropriated  to  the  formation  of  a  library,  and  a  col- 
lection of  objects  of  nature  and  art, 

It  is  understood  that  the  interest  which  has  accumulated 
on  the  bequest  of  Mr.  Smithson,  since  it  came  into  the 
possession  of  our  Government,  furnishes  a  fund  sufficient 
for  the  erection  of  such  edifices  as  are  immediately  required 
and  when  we  reflect  that  the  collections  of  the  Exploring 
Expedition,  those  of  the  Commissioner  of  Indian  Attairs, 
and  those  of  the  Patent  Office,  and  the  deposits  that  are 
constantly  flowing  into  the  Government  from  all  part 
the  world,  through  the  agency  of  our  army  .and  navy  omcers, 
and  consuls,  may,  according  to  the  act  of  Congress,  estab- 
lishino-  the  Smithsonian  Institution,  be  entrusted  to  its  care, 
it  will  be  perceived  that  little  outlay  need  be  devoted  to 
the  museum  and  cabinet  beyond  the  expenses  of  arrange- 
ment and  supervision. 

For  the  foundation  of  a  library,  the  Programme  contem- 
plates, first,  a  collection  of  such  works  as  are  required  tor 
conducting;  its  active  operations,  viz.,  the  transactions  and 
proceedings  of  all  the  learned  societies  in  the  world,  the 
current  periodical  publications  necessary  in  preparing  peri- 
odical reports,  and  such  catalogues  of  books,  and  other 
materials,  as  will  render  the  Institution  a  centre  of  biblio- 
graphical knowledge,  whence  the  student  may  be  directed 
to  any  work  he  shall  require ;  and,  in  addition  to  these,  the 
valuable  books  first  purchased  to  be  such  as  are  not  now  t 
be  found  in  the  United  States. 

In  the  above  summary,  it  is  believed,  are  embraced  the 


988      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

leading  and  controlling  principles  of  organization  and  oper, 
xition  embodied  in  the  Programme,  omitting  details  thai 
simply  elucidate  their  practical  execution. 

There  are,  however,  two  practical  suggestions  that  ar« 
Worthy  of  being  particularized.  One  is,  that  the  Institu: 
tion  should  aim  to  produce  results  which  cannot  be  produced 
by  the  existing  institutions  of  the  country.  The  other,  that, 
as  in  proportion  to  the  wide  field  of  knowledge  to  be  eulti^ 
rated,  the  funds  are  small,  economy  should  be  consulted  in 
the  construction  of  the  buildings  ;  and  not  only  the  first  cost 
of  the  buildings  be  considered,  but  the  expense  of  keeping 
them  in  repair,  and  of  the  support  of  the  establishmeijj 
necessarily  connected  with  them.  Moreover,  that  there 
.should  be  but  few  individuals  supported  by  the  Institution. 

Two  officers  only  are  named  as  demanded  by  the  ]>• 
wants  of  the  Institution.  The  Secretary,  who  is  general 
superintendent  of  the  literary  and  scientific  operations,  and 
editor  of  its  publications,  and  the  Assistant  Secretary,  who 
is  acting  librarian,  and  joint  editor  of  the  publications  of 
the  Institution.  These  officers  are  also  expected,  occasion^ 
ally,  to  illustrate  new  discoveries  in  science,  and  exhibit  new 
objects  of  art,  by  lectures  during  the  session  of  Congr 

It  is  certainly  gratifying  to  fee]  assured  that  the  splendid 
bequest  of  Smithson  is  not  to  be  exhausted  in  costlv  build- 
ings, like  the  irreat  public  le-tey  of  a  late  A inerieanVit ixen. 
It  is  well,  also,  that  the  trust  is  not  to  be  in  a  measure  per- 
verted to  local  purposes,  by  confining  its  resources  to  tho 
establishment  of  a  national  library.  The  plan  of  rendering 
it  the  seat  and  .centre  of  vital  energy  and  activiiv  to  the 
science  and  literature  of  a  youthful  republic,  an  i-vcr  pul- 
sating heart,  distributing  life  and  strength  throughout  tho 
body  politic  of  letters,  prompting,  sustaining,  and  iruiding- 
every  department  of  intellectual  exertion  here,  and  thus 
effecting  an  influence  upon  mankind  at  larirc,  is  not  oidv 
more  accordant  with  the  intentions  ,,f  the -philanthropic 
testator,  but  is  in  itself  a  nobler  enterprise.  As  an  expo- 
nent of  universal  science  for  our  whole  eountrv;  as  the 
headquarters  of  bibliographical  information  ;  and'  as  a  reg- 
ister of  the  progress  of  knowledge,  where  the  latest  achieve- 
ments of  the  human  mind  may  be  found— in  mercantile 
phrase— "  posted  up"  for  convenient  reference,  and  tho 
farthest  footsteps  of  the  last  traveller  in  the  paths  of  learn- 
ing duly  noted  for  the  benefit  of  subsequent  adventurers, 
the  Smithsonian  Institution  may  equally  fulfill  the  design 
of  its  founder. 

It  is  true  that  its  operations  will  sometimes  be  carried  into 


LETTERS    ON    PROGRAMME    OF    ORGANIZATION. 

elds  for  whose  culture  particular  institutions  have  been 
stablished;  yet  no  ungenerous  rivalry  need  spring  from 
iris  cause.     Its  earliest  enterprise  happens   to  have  bee 
ipon  ground  first  occupied  by  our  own  association  ;  and 
ic  beautiful  manner  in  which  the  pioneer  labors  of  t 
ociety  have  been  illustrated,  verified,  and  extended,  by  the 
laborate  and  expensive  publication  of  recent  investigations, 
in  nowhere  afford  more  sincere  gratification, 
mithsonian    Institution  is  destined  to  occupy  a  posit 
lat  no  other  does  fill  or  can  fill ;  its  labors  are  for  the  coin- 
ion  benefit  of  our  country  and  mankind;  and  institutions 
f  a  more  limited  character  should  (each  in  its  sphere) 
isposed  to  render  heartily  such  co-operation   as  is  appro- 
riate  to  the  purposes  of  their  respective  foundations. 

All  which  is  respectfully  submitted. 

For  the  committee  : 


At  a  meeting  of  the  council  of  the  American  Antiqua- 
ian  Society,  January  31,  1849,  the  foregoing  report  having 
een  read  and  accpted,  it  was— 

Voted,  That  a  copy  be  transmitted  to  the  Secretary  ot 
he  Smithsonian  Institution. 

Attest  •  SAM  L  -^  HAVEN' 

Recording  Secretary  pro  tempore. 

From  Henry  Smith. 

MARIETTA  COLLEGE, 
MARIETTA,  OHIO,  February  1,  1849. 

Highly  approving  the  principles  and  plan  set  forth  in  the 
<  Programme  of  Organization  of  the  Smithsonian  Institu- 
ion,"°  it  will  give  both  myself  and  my  colleagues  great 
.leasure  to  co-operate  with  the  conductors  of  the  Institution 
n  any  way  in  our  power,  in  accomplishing  the  benevolent 
and  important  designs  which  it  has  in  view. 

From  B.  Manly. 

UNIVERSITY  OF  ALABAMA, 
TUSCALOOSA,  ALA.,  February  5,  1849. 

The  Programme  of  the  Smithsonian  Institution  we  have 
examined,  and  find  nothing  to  suggest,  save  this,  that  the 
longitude  of  places,  where  occultations  and  lunar  culmina- 
tions are  regularly  observed,  may  be  determined  in<lepeiid- 
eu  y  of  solSr  and  lunar  tables,  it  is  desirable  that  these 
observations  be  statedly  published.  We  have  thought  that 


990  LETTERS    ON    Pilot :  1!  A.M. M  K    <>F    <>R<;  AM/ATION. 

the  Smithsonian  Institution  might  undertake  to  do  thin,  ii 
a  monthly  or  quarterly  bulletin. 

We  will  cheerfully  co-operate  in  the  astronomical  depart 
ment  (now  under  the  eharge  of  Prof.  L.  C.  Garland)  bj 
observing  as  many  occultations  as  circumstances  permit. 

As  respects  a  meteorological  journal,  or  a  series  of  obscr 
vations  in  that  department,  our  officers  are  collecting  anc 
repairing  the  few  imperfect  instruments  we  have,  and  an 
willing  to  do  all  they  can.  But  they  apprehend  that,  with 
out  more  perfect  means  at  their  command,  they  will  not  be 
able  to  do  enough  to  serve  the  purposes  of  scientific  indue 
tion. 

From  ,/o>v/>A  Esidbrook. 

EAST  TI-.N\I:SSKK  UNIVERSITY, 
Kxnxvii.u-;.  TKNN.,  February  9,  1849.  ; 

At  a  special  meeting  of  tin-  Faculty  of  Kn-t  Tenness<-< 
University,  held  9th  Fehruary.  l^l!>.  the  President  pre 
sented  the  "Programme  of  <  >rg;mi/.ation  of  the  Smithso 
nian  Institution,  accompanied  by  a  eireularof  the  Secre'ar; 
and  Assistant  Secretary,  asking  \\\>  views  in  relation  thereto 
and  requesting  his  eo-operation  in  cases  where  it  m;iy  1>< 
required. 

The  President  expressed  his  desire  that  the  Faculty  wouh 
consider  tliis  part  of  the  circular  as  addrosed  to  them  col 
lectively,  rather  than  to  himself  individually  :  whereupon  i 
was — 

Resolved,  That  the  Faculty  take  a  lively  interest  in  tin 
operations  of  the  Smithsonian  Institution:  that  they  have 
carefully  examined  the  Programme  put  forth  by  the  Secre 
tary,  and,  in  general,  highly  approve  the  views  thereii 
contained,  and  that  they  will  cordially  co-operate  with  tin 
officers  of  the  Institution  in  their  high  endeavors  ul'or  th< 
increase  and  diffusion  of  knowledge  among  men." 

It  was  observed  by  the  professor  of  natural  sciences  tha 
he  had  commenced  a  careful  series  of  meteorological  obser 
vations  expressly  for  the  Institution  ;  and  other  members  o 
the  Faculty  expressed  their  willingness  to  prepare  memoiri 
on  subjects  connected  with  their  respective  pursuits. 

From  F.  A.  MMcnberg,  Jr. 

FRANKLIN  COLLEGE, 
LANCASTER,  PENN.,  February  10,  1840. 
Permit  me  to  state,  in  reply  to  your  interrogatory,  that  ir 
general,  1  approve  of  the  plan  of  organization,  &c.,  as  con- 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      991 

ained  in  the  pamphlet  you  sent  me,  and  think  it  excellent 
ind  judicious.  Of  course  difference  of  mental  or  bodily 
constitution,  natural  or  acquired  preferences,  will  cause  men 

0  differ  as  to  the  minute  details  of  any  plan  prepared  by 
others,  and  perhaps  to  find  fault  with,  as  they  think,  the  too 
>-reat  prominence  given  to  particular  branches.     This  might 
je  the  case  with  myself,  but  I  do  not  regard  it  of  sufficient 
mportance  to  communicate ;   for  if  such  be  the  fact,  it  wil 
correct  itself  in  time.     The  practical  working  of  the  Insti- 
gation will  show  better  than  all  theories  the  best  improve- 
ments of  the  plan  of  organization.     As  a  commencement, 
n  my  humble  opinion,  the  plan  is  a  very  excellent  one  ;  and 
under  the   superintendence   of  its  distinguished  and  able 
officers,  I  have  no  doubt  it  will  be  very  successful  in  pro- 
noting  the  noble  object  of  Smithson,  "the  increase  and 
diffusion  of  knowledge  among  men."    Though,  however,  in 

he  language  of  Smithson,  "the  man  of  science  has  no 
country,"  I  think  a  good  degree  of  preference  ought  to  be 
shown  to  American  and  English  authors. 

From  Horace  Webster. 

FREE  ACADEMY,  K  Y.,  February  17,  1849. 
The  Programme  accompanying  your  communication  was 
duly  received.     It  contains,  so  far  as  I  am  able  to  judge, 
all  that  is  essential  and  important  to  a  most  wise  and  judi- 
cious organization  of  the  Smithsonian  Institution. 

From  David  L.  Swain. 

UNIVERSITY  OF  NORTH  CAROLINA, 

CHAPEL  HILL,  February  17,  1849. 

I  have  examined  carefully  the  Programme  of  the  Smith- 
sonian Institution.  It  appears  to  me  to  be  exceedingly 
comprehensive,  and,  in  general,  to  be  well  arranged.  Were 

1  impressed  even  less  favorably  with  the  leading  features 
of  the  scheme,  I  should  hesitate  about  proposing  immediate 
alterations.     Time,  the  greatest,  though   most  gradual  of 
innovators,  may  disclose  defects  and  suggest  improvements, 
and  I  can  but  think  it  will  be  commendable  prudence  to 
permit  the  Institute  to  abide  this  test,  under  its  present 
organization. 

It  will  affdrd  me  high  gratification  to  have  it  in  my  power 
to  co-operate  in  any  measure  which  may  promise  in  any  de- 
gree a  fulfilment  of  the  great  design  of  the  founder. 


992      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

From  Josiah  L.  Pickard. 

PLATTEVILLE  ACADEMY, 
PLATTEVILLE,  Wis.,  March  13,  1849. 
The   Programme,   contained   in    the   report,   meets   01 
hearty  approval ;  and  I  am  authorized  by  the  board  oftri 
tees  of  this  institution,  by  a  resolution  passed  at  their  last 
meeting,  (a  copy  of  which  you  will  please  find  below,)  to : 
assure  you  of  all  assistance  in  our  power  to  render,  for  the 
furtherance  of  the  noble  objects  contemplated  by  the  Smith- 
sonian Institution. 

From  S.  A.  Bronson. 

K'l-NYON  COLLT-ci:. 

GAMBIER,  Ouio,  March  15,  184! ». 

With  your  Programme  I  inn  highly  gratified,  and  shall 
be  happy  to  further  your  objects  in  any  way  that  I  am  abl<-. 
In  pursuance  with  this,  I  would  now  suggest  tin-  propriety. 
if  it  falls  in  with  your  plan,  and  you  are  prepared  to  ask  it, 
to  call  upon  H.  L.  Thrall,  M.  I).,  professor  of  chemistry  in 
this  institution,  to  furnish  a  report  upon  the  present  state  <>f 
the  knowledge  of  electricity,  and  its  relation  to  light,  heat, 
gravitation,  &c.,  &c.;  in  short,  of  the  axial  forees  of  matter, 
I  think  he  would  make  a  report  that  would  not  only  lend 
to  diffuse  knowledge,  but  to  increase  it  upon  this  interesting 
topic. 

From  John  Williams. 

TRINITY  COLLEGE, 
HARTFORD,  CONN.,  March  20,  1849. 

It  must  be  quite  superfluous  for  me  to  even  express  ap- 
probation of  a  plan  so  wisely  matured  and  digested  as  that 
contained  in  the  Programme ;  and  it  would  be  more  than 
superfluous  to  suggest  any  improvements.  If  I  might,  how- 
ever, venture  in  a  word,  I  would  express  the  hope  that  a 
good  deal  of  attention  will  be  devoted  to  the  publishing 
of  works  bearing  on  our  history.  There  are  many  such 
works  which  will  see  the  light  in  no  other  way. 

From  D.  N.  Sheldon. 

WATERVILLE  COLLEGE, 
WATERVILLE,  ME.,  March .24,  1849. 

I  have  taken  some  time  to  consider  the  subject,  and  now 
say  in^  a  single  sentence,  and  in  a  general  way  only,  (for 
there  is  no  time  to  go  into  details,)  that  the  plan  of  organi- 


LETTERS  ON  PROGRAMME  OF  ORGANIZATION.      993 

zation  set  forth  in  the  Programme  appears  to  me  to  be  com- 
prehensive and  satisfactory. 

From  B.  H.  Eagsdak. 

JACKSON  COLLEGE, 
COLUMBIA,  TENN.,  April  25,  1849. 

The  Programme  has  come  to  hand,  but  not  having  exam- 
ined it  thoroughly  we  can  express  no  decided  opionion  for 
or  against  it. 

Be  assured  that  we  will  gladly  co-operate  with  you  in  your 
enterprise,  so  far  as  we  can  under  the  circumstances. 

From  W.  F.  Hopkins. 

MASONIC  UNIVERSITY  OF  TENNESSEE, 

CLARKSVILLE,  Mai/  11,  1849. 

So  noble  a  beginning  speaks  highly  of  the  liberal  spirit 
in  which  the  objects  of  the  Institution  are  to  be  carried  out. 

Permit  me  to  express  my  unqualified  admiration  of  the 
plan  of  operation  developed  in  your  Programme.  It  seems 
to  rne  to  combine,  most  wisely  and  happily,  the  utmost 
practicable  liberality,  with  the  'most  faithful  regard  to  the 
expressed  will  of  the  founder.  I  need  not  say  that  if,  in 
my  limited  sphere,  I  can  contribute,  even  in  the  humblest 
degree,  to  the  grand  and  beneficent  objects  of  the  Smithso- 
nian Institution,  I  shall  feel  both  proud  and  happy  in  doing 
so. 

From  B.  P.  Johnson. 

STATE  AGRICULTURAL  ROOMS, 

ALBANY,  N.  Y.,  May  14,  1849. 

I  am  highly  pleased  with  the  Programme  of  the  Smith- 
sonian Institution,  and  it  will  give  me  great  pleasure  to 
furnish  you,  on  the  part  of  our  Society,  every  co-operation 
in  our  power,  to  enable  you  successfully  to  carry  out  the 
very  laudable  objects  of  the  Institution. 

From  J.  S.  Bacon. 

COLUMBIAN  COLLEGE, 
WASHINGTON,  D.  C.,  July  28,  1849. 

I  will  only  say,  in  general  terms,  that  I  like  the  "  Plan  " 
presented — in  most  respects,  much.     It  covers  a  very  wide 
field,  and  is  well  calculated  to  direct  the  attention  of  intelli- 
63 


994      LETTERS  ON  PROGRAMME  OF  ORGANIZATION. 

gent  men  to  a  vast  number  of  interesting  and  important 
objects  to  which  their  researches  and  observations  ought  to- 
be  extended.  It  exhibits  too,  in  a  very  striking  light,  the 
great  deficiency  which  exists  among  us  in  the  means  and 
resources  for  conducting  extensive  inquiries,  or  for  pursuing 
thorough  investigations  upon  many — nay,  indeed,  upon 
almost  any  important  subject.  With  this  view,  my  own 
feelings  would  have  led  me — and  I  dare  say  I  am  not  alone 
in  this — to  desire  that  a  greater  share  of  the  appropriation 
should  have  been  made — at  first — for  the  purchase  of  books 
and  for  the  more  rapid  accumulation  of  such  a  library  as  is 
ultimately  contemplated,  and  a  greater  share  also  to  provid- 
ing apparatus  and  instruments — all  the  means  and  facilities 
requisite  for  pursuing  original  scientific  investigations  on  a 
more  extended  scale  here,  in  Washington.  I  should  prob- 
ably have  given  to  the  will  of  the  donor  a  somewhat  stronger 
interpretation  in  that  direction,  especially  as  he  chose  to 
give  to  his  Institution  "  a  local  habitation  and  a  name," 
here,  in  the  metropolis  of  the  nation.  Still,  this  might 
have  been  deemed  less  liberal  and  less  catholic  in  spirit,  and 
it  is,  perhaps,  better  as  it  is.  I  certainty  have  the  greatest 
confidence  in  the  wisdom  and  discretion  of  the  able  and 
judicious  men  who  have  adopted  the  present  arrangement, 
and  should  not  for  a  moment  think  of  placing  my  own 
judgment  in  competition  with  theirs. 

The  objects  embraced  in  the  present  plan  are  all  of  them 
important,  all  valuable,  and  I  should  feel  the  greatest  pleas- 
ure in  being  able  to  contribute,  in  the  smallest  degree,  to 
the  attainment  of  any  of  them.  Great  credit  is  certainly 
due  to  those  who  have  conceived,  and  thus  far  matured 
the  plan  for  the  liberality  and  comprehensiveness  of  their 
views.  And  it  cannot  be  doubted  that  all  the  true  friends  of 
learning — all  who  can  appreciate  the  value  of  real  knowl- 
edge and  the  importance  of  its  "  diffusion  among  men  " — 
will  hail  with  pleasure  the  adoption  of  such  a  plan,  with 
such  means  for  carrying  it  into  execution,  and  will  be  ready, 
by  their  countenance  and  co-operation,  to  aid  in  carrying 
out  its  noble  objects  to  their  fullest  and  happiest  results. 

Permit  me,  gentlemen,  to  congratulate  you  upon  the  very 
favorable  auspices  under  which  your  labors  have  been  com- 
menced, in  connection  with  the  Smithsonian  Institution, 
and  to  express  the  hope  that,  in  your  future  efforts,  with 
the  ample  means  placed  within  your  reach,  "  for  the  increase 
and  diffusion  of  knowledge  among  men,"  you  may  not  only 
be  cheered  by  abundant  evidences  of  success,  but  by  the 
approbation  of  a  liberal  and  enlightened  public. 


INDEX. 


Aboriginal  mounds,  notice  of,  Squier  and  Davis, 

memoir  on,  966. 

Abstract  researches  to  be  preferred,  Henry,  951. 
Accountant  General  of  Court  of  Chancery,  9, 11. 
Account  of  Richard  Rush  with  Thos.  Aspinwall, 

103-105. 

R.  Rush  with  United  States,  40,  54, 107, 113. 
President  of  the  United  States  vs.  Drum- 

rnond,  Smithson's  bequest,  79. 
annuitv  of  .Mary  Ann  de  la  Batut,  80. 
U.  S.  Treasury  with  Smithson  Fund,  803. 
charges  on  Smithson  packages  shipped  per 

"  Mediator,"  105 
Accounts — See  State  stocks. 
Act  of  Congress,  authorizing  President  to  pros- 
ecute claim  of  U.  S.  to  bequest  of  Smith- 
son,  147. 

making  appropriation  of  $5,000  for  prosecu- 
tion of  bequest,  158. 
that  Smithson  bequest  shall  be  invested  in 

State  stocks,  158. 
for  relief  of  Richard  Rush,  261. 
to  retain  proceeds  of  sales  of  lands  from 

St  tes  in  Default  of  interest,  351. 
organization  of  S.  I.,  passage  by  House  of 

Representatives,  473 ;  by  Senate,  353. 
history  of  passage  of,  Barlow,  919 ;  Morse, 

503 ;  Upham,  392. 

construction  of,  Badger,  555;  Barlow,  915; 
Douglas,  550 ;  English,  583 ;  Choate,  536 ; 
Pearce,  537 ;  Upham,  591,  Witte,  608. 
report  of  Judiciary  Committee  on,  5G3;  re- 
ports of  Investigation  Committee,  589, 608. 
digest  of,  by  Prof.  Henry,  758. 
how  to  be  amended  or  repealed,  762. 
amendment  of,  relative  to  National  Insti- 
tute, 684,  685. 

amendment  of,  relative  to  Governor  of  Dis- 
trict to  be  Regent,  723,  725. 
relative  to  increase  of  trust  fund,  132. 
authorizing  Regents  of  Institution   to   use 

library  of  Congress,  733,  741. 
Act  of  Parliament  in  1834  relative  to  estates,  34. 
Active  operations  of  S.  I.,  account  of,  Witte,  016. 

Henry,  951. 
approved  by  American  Antiquarian  Society, 

988 ;  Agassiz,  588,  619 ;  Pearce,  542. 
disparagement  of,  Meacham,  635. 
incumbered  by  Congress,  J.  Davis,  510. 
Adams,  C.  F.,  correspondence  with,  126. 

power  of  attorney  forwarded  to,  125. 
Adams,  John,  works  of.  given  to  S.  I.,  521. 
Adams,  John  Quincy,  bill,  199,  226,  258,  299,  434, 

465. 

committee,  148, 171,  200,  247,  266,  354. 
extracts  from  Diary  of,  763.     * 
letter  of,  to  Christopher  Hughes,  229. 
prpposed   application   of  bequest,   371,   397, 

842,  846.    See  Committee, 
plan  of,  discussed,  Barlow,  913. 
resolutions  offered  by,  186,  198,  199,  260,  265, 

4.34,  462,  463,  464. 

remarks  by,  410,  439,  440,  443,  452,  454. 
sketch  of  Smithson  by,  ino. 
Address.    See  Barlow  ;  Darlington;  Poinsett. 
Advertisements  to  obtain    information   as  to 

heirs  of  Smithson,.  24,  25,  26. 
Agassiz,  Louis,  on  management  of  S.  I.,  586. 
proposed  as  Regent,  675. 
elected  Regent,  677,  682,  711.  720. 
views  of,  in  regard  to  libraries,  587,  620. 


Agent  to  be  appointed  to  prosecute  claim  to 
bequest,  147. 

Agricultural  experiments,  Barlow,  913. 

Agricultural  school  and  farm,  memorial  in  fa- 
vor of,  Fleischman,  171, 186. 
memorial  in  favor  of,  from  Kentucky  State 
Agricultural  Society,  200 ;  from  Agricultu- 
ral Society  of  United  States,  261;  from  H. 
C.  Merriam,  265 ;  from  citizens  of  Massa- 
chusetts, 301. 

Agricultural  University  proposed,  A.  Johnson, 
489. 

Agriculture  to  be  promoted  by  S.  I.,  Cooper, 
838;  Darlington,  905;  Embree,490;  Hamlin, 
458 ;  Henry,  946 ;  Hubbell,  863 ;  Stanton,  401. 

Airy,  Rev.  Geo.  B.,  account  of  Greenwich  Ob- 
servatory, 230, 

Alexander,  Col.  B.  S.,  estimates  $100,000  for  re- 
pair of  building,  689. 
testimony  relative  to  the  fire,  686. 

Allen,  William,  remarks  by,  343. 
resolution  offered  by,  350. 

Allen,  W.,  President  of  Bowdoin  College,  me- 
morial from,  848. 

American  Academy  of  Arts  and  Sciences,  ap- 
proval of  plan  of  Prof.  Henry,  618. 
on  programme  of  organization,  964. 

American  Antiquarian  Society  on  programme 
of  organization,  985. 

American  history,  Chapin,  858. 

American  Institute,  address  before,  on  Smith- 
son's  bequest,  Barlow,  910. 

American  institutions,  Chapin,  858;  Rush,  852. 

American  law,  Chapin,  858. 

American  Philosophical  Society,  memorial  in 

favor  of  management  of  S.  1.,  585. 
views  of  Mr.  Duponceau,  president  of,  895. 

American  studies  preferred,  Chapin,  858. 

Amherst  College,  Mass.,  on  programme  of  or- 
ganization, 976. 

Analysis  of  soils  and  plants,  Henry,  946 :  Tap- 
pan,  305. 

Anatomy,  Wayland,  840. 

Ancient  inhabitants,  researches  as  to,  Henry, 
955. 

Ancient  literature  and  languages,  Kendrick, 

Anderson,  Mr.,  petition  of  De  la  Batut  sent 
through,  37. 

Animals  and  insects,  history  and  habits  of  use- 
ful and  injurious,  Tappan.  302. 

Animals,  rearing  and  care  of,  Hubbell,  863. 

Annals  of  Congress  given  to  the  S.  I.,  521. 

Annals  of  Philosophy,  Smithson's  papers  in, 
866. 

Annuity  allowed  from  Smithson's  bequest,  9,  80. 

Anthony,  H.  B.,  remarks  by,  728,  729. 
resolutions  by,  683,  702,  706,  707,  710,  711,  721, 
724,  72.-.,  728,  TftJ,  748,  753. 

Antiquarian  Society  designed  for  increase  of 
knowledge,  Henry,  950. 

Antiquities,  American  Antiquarian  Society,  988: 

Henry,  946. 

Apparatus,  Bacon,  994 ;  Chapin,  859 ;  Delta,  885 ; 
English,  576;  Gray,  967,  969;  Hubbell,  862; 
Rush,  8.32;   Southern  Literary  Messenger, 
893;  Wayland,  841. 
report  organization  committee,  940. 
resolution  of  Regents,  943. 
Appendix,  value  ot,  to  Smithsonian  Report,  J. 

Davis,  506. 

Application  of  science  to  mechanic  arts,  Cha- 
pin, 858. 

995 


996 


INDEX. 


Applications  of  Smithson's  bequest,  proposed, 

837. 

Appropriation  by  Congress  of  &j,000  to  prose- 
cute bequest,  158. 

for  plates,  Ac.,  of  exploring  expedition,  681. 

for  repairs  on  S.  I.  building  on  account  of 
fire,  800.000  proposed,  704. 

for  Powell's  survev  placed  under  direction 
of  S.  I..  723.  . 

for  building  for  collections   asked  by  Re- 
gent 

of  $250,000  for  fire-proof  building  for  National 
Museum,  7 

for  distribution  of  duplicates, 

for  preservation  of  collect  ;;  de- 

bate on,  f.:.4,  1.77,  70-.',  711,  7Hi,  7-J4,  \ 

for  Smithsonian  grounds,  521, 

Appropriations  by  Con_  b.-n.'lit  of 

S.  1.,  Pear- 
Appropriations  for  -pecia!  r<  :enry, 

!>i:, :  report  of  organization  commit: 
for  different  objects  in  different  years,  Prof. 

Henry,  !ii.V 

by  Regents  for  objects  of  organ  i, 
Arabian  merchant,  story  of  education  of  son 

of,  874. 
A rago,  secretary  of  the  Academy  of  Sc; 

Paris,  041. 
Arboretum,  <  >wen, 

and  conservatory  of  plant-,  Tappan,  2< 
c.f  agriculture,  bortioultun  . 


pan,  lit',-.',  :;";;. 

Architects,  resolution  to  . 
Architecture,  (  'liapin,  s.Vs;  Siliimaii. 
Arkansas,  action  of  House  relative  toarrears-of 

interest  l.y,  !•.>.. 

defence  of  State,  \i.  W.  Johnson,  MO, 
explanation  of  failure  to  pay  interest,  Yell, 

453. 
Arkansas  stocks,  investment  in,  i 

.  S04. 

Art,  copies  of  works  of,  Jewett, 
museum  of,  (ir:i\ 
new  objects  of,  Henry,  948. 
resolution  of  inquire  why  Institution  had 

not  complied  with  law 
Art  gallery,  account  of,  English,  678. 
Art  of  war,  Wayland,  840. 
Arts  of  life,  special  reference  to,  Tappan, 
Art  Union  exhibitions,  Henry,  ••!:. 
Asper,  Joel  F.,  resolution  by,  7-_. 
Aspinwall,  Thos.,  account  of,  for  shipment  of 

gold,  103;  sales  of  stock-,  A.-.,  lot,  io:,. 
aid    rendered  by,  to   Mr.   IJu-h    in    selling 

stocks,  71, 116. 

Assemblies,  literary  and  scientific,  Hen 
Assistant  Secretary,  duty  of,  H«MH 
Assistants,  required,  Henry,  !U7,  ;i»*. 
power  of  Secretary  to  discharge   Pearce   ~«l.~> : 

Witte,  623. 
Astor,  W.  B.J  proposed  as  Regent,  O.".l ;  el.-.-tiou 

as  Regent,  672.  710,711. 
Astronomers  royal  of  England,  L'l'.i. 
Astronomical  bulletin,  Manly,  900. 
Astronomical  discoveries,  216. 
Astronomical  instruments,  cost  of. 
Astronomical  observatory,  Adams,  r.i!>,  214,  259, 
'    293v  298,  443,  845,  840 ;  Chapi  1 1 . 
estimate  for,  228. 

proposed,  In- Brunswick,  Maine,  848. 
Astronomical  Society  for  increase  of  Knowl- 
edge, 7?enry, <i:.o. 
Astronomical  work  done  by  United  States,  395, 

396. 

Astronomy,  promotion  of,  by  S.  I.,  Adams,  846; 
Henry,  940 ;  Hubbell,  863 ;  Tappan,  202,  303 ; 
Wayland.  840. 

Atchispn,  D.  R.,  Regents  appointed  by,  .VJ4. 
Athenian  plan  of  education,  102. 
Athens,  University  of,  Smithsonian  publications 

esteemed  in,  586,  618. 
Atomic  theory  of  chemistry,  Henry,  ;i.-.i. 
Attorney  General  of  England,  suit  by,  3. 
no  objection  by,  to  settlement  of  suit,  57. 


Attorneys'  bill  of  costs  in  Smithson  t-u 

Auboin,  Mr.,  -. 

Auditor's  account  of  Smithson  fund  exp. 

Authors,  advantages   to.   afforded    by  Smith- 

sonian Institution,  Henry, 
experience  of,  in  publishing  works,  Henrjr, 

preference  should  be  shown  toAmeri 
English,  Muhlenberg,  '.no. 


Bache,  A.  D.,  of  Washington,  proposed  a*  man- 

ager of  S.  I.,  334,  349. 
proposed  as  Regent  in  Owen's  bill,  360. 
elected  Re;-- 

appointed  l.y  K  events  on  committee  on  or- 

pu  i  : 

appoint  "ii  Bmithson's  resi^F 

uary 

plan  of  finunee  by,  Hen; 

suggestion  a*  to  1;  :.  -.i.Vi. 

Bacon,  J.  8.,  on  programme  of  organization,  ''93 
Badger,  <;.  K.  rem 

?,  O7."i,  f'S2. 
I'.aillv  . 

P.aird,  l'i  T_'l,  ~-'<. 

Ballon,  I  •  .  7.M. 

UaiK-rofr,  Ue,,.,  ,.f  M  d  a-  manager 

',  717. 

:ennial,  7-".l. 

on   programme 

d  in,  111. 
Bunk  of  England,  funds  transferred  to  Mr. 

Kilsh 
• 
Hanker-  'rummonds,  1. 

I'.anks,  N.  P.,  Sp--aker,  a|.point<    l.'e^'-nt-,  «.I'J, 

I'.arlow,  II.  -v.  Win.,  on   pul.lie   instruction  and 

Smith 

•Illlient,  llM. 

I'.arnard,  Henry,  proposed  as  Ki-^e;it,  '.7.;. 

;i-oiii,  wuhdrawing  name  us  Regent, 

Barnard,  1».  IX,  House  committee,  -<xi. 

.  remark-* 

Bayard,  Jan.  A.,  report  of  <  ommittee  on  Judici- 
ary on  management  of  Institution,  563. 

remarks  1. 

liuyly,  Thos.  H.,  remarks  by,  .">7<>. 
Beaufort  library  destroyed  by  lire  at  S.  I.,  687. 
Beck,  T.  1J.  ,on  the  programme  of  organization, 

ML 

Bell,  John,  remarks  liv. 
nelle^-lettres  objected  to,  rj\  <  ooj.cr,  838. 

l>ei|ue>t,  proposed  applications  of,  837. 

thrown  into  Potomac  than  applied  tc 
normal  instruction,  Adams,  4  Hi. 
nature  of,  motives  of,  &c.,  .1.  Davis,  701,  702. 
object  of,  English, 
should  l>e  refurned  to  hejrs-at-law  of  Smith- 

son,  Jones,  4<..>:  Sim.-,  l:i'.t,  4<i.".. 
an  insult  to  the  American  nation,  Chipman 

432. 

See  Will,  Smithson. 

Berrien,  Jno.  McP.,  Senate  committee,  2112,  r,50 
elected  as  lle.irent,  .'pj:;. 
interpretation  of  act  of  organization,  ">.':s. 
Berzelius,  report  on  plrogress  of  science,  Henry 

956. 

BiMe,  story  of  purchase  of,  for  S-V-""  false,  482 
Bibliographical  centre,  report  of  organizatioi 

committee,  !i:>'.i  :  Henry,  !i]7. 
Bibliography,  American  Antiquarian   Society 

988;  Henry,  !an:  Jewett 
Bill  of  costs  of  attorney^  in  England,  77,  80. 
Bill  to  repeal  provision  in  law  relative  to  Re 


INDEX. 


997 


gents  being  members  of  National  Institute, 
084,  085. 

Biography,  Henry,  946. 

Bird,  Dr.  F.  M.,  recommended  as  Regent,  474. 

Birdsall,  B.,  memorial,  248. 

Black,  Dr.  Jos.,  familiar  acquaintance  of  Smith- 
son,  866. 
letter  from,  to  Smithson,  SCO. 

Blaine,  J.  G.,  Speaker,  appointed  Eegents,  721, 
725,  733. 

Blind,  education  of,  action  of  House  on,  4G4, 
publication    of    books    for,    recommended, 
Giles,  459. 

Blodget,  Lorin,  claim  of,  589,  627. 

Board  of  visitors,  Rush,  852. 

Bonds  of  United  States  bearing  7  3-10  per  cent, 
interest  purchased,  127 ;  sold,  133. 

Books  belonging  to  Smithson,  108. 

Books,  opinion  of,  Choate,  313 ;  Owen,  375. 
$150,000  should  be  laid  out  on,  Hubbell,  862. 
selection  of,  for  library,  Jewett,959. 

Borland,  S.,  resolution  by,  517. 
remarks  by,  518. 

Botanic  garden,  plea  for,  Darlington,  901,  905 ; 
Owen,  362;  Poinsett,  881,  885,  899. 

Botany,  Cooper,  838;  Henry,  946;  Hubbell,  864; 
Silliman,  963. 

Bowditch's  commentary  on  La  Place,  Henry, 
952. 

Bowdoin  College  on  programme  of  organiza- 
tion, 978,  980. 

Bowne,  S.  S.,  of  N.  Y.,  committee  of  House,  247. 

Boyd,  Linn,  resolution  by,  410. 
Speaker,    appoints    Regents,   523,   526;    ap- 
pointed committee,  573. 

Bragg,  Thos.,  660. 

Breckinridge,  Jno.  C.,  Regents  appointed  by, 
654,  672. 

Breese,  Sidney,  remarks  by,  474,  477, 478. 
appointed  Regent,  354. 
resolution  by,  478. 

Brengle,  Francis,  appointed  on  committee  of 
House  of  Representatives,  260. 

Brent,  Daniel,  account  presented  to,  by  attor- 
ney of  De  la  Batut,  13, 17. 
account  of  expenses  of  attorneys  in  France,27. 
bill  to  be  paid,  directed  by  President  of  the 
United  States,  45,  47. 

Brewerton,  Henry,  on  programme  of  organiza- 
tion, 977. 

Bridge  water  Treatises,  Barlow,  921;  Cooper,  838; 
Rush,  854. 

Bright,  Jesse  D.,  Regents  appointed  by,  649. 

British  Association  reports,  Beckj  961. 

British  institutions  supplied  with  Smithsonian 
publications,  120. 

British  minister,  relative  to  Smithson's  residu- 
ary legacy,  126. 

British  Museum,  account  of  organization  of, 

Upham,  002. 
compared  with  S.  I.,  Upham,  602 ;  Meacham, 


Broadhead,  Richard,  resolution  by,  462,  507. 
Bronson,  S.  A.,  on  programme  of  organization, 

992. 
Brougham,  Lord,  on  natural  theology,  Elliott, 

985. 

Brown  University,  best  bibliographical  collec- 
tion, Jewctt,  959. 

on  programme  of  organization,  977. 
Brown,  Wm.,  bill  of,  to  R..Rush,  104. 
Brunei's  Manuel  du  Librarie,  Marsh,  419. 
Buchanan,  Jas.,  remarks  by,  144,  :j;;i,  ;;:i7,  :>L1. 

committee  of  Senate,  166. 
Building  for  Institution,  American  Antiquarian 
Society,   988 ;    Barlow,   917 ;    Chapiu,  859 ; 
"Delta,"  888;  English,  575;  Gray,  965;  Henry, 
944.945;  Billiard,  483;  New  Jersey  Histor- 
ical Society,  971;  Owen,  356;   Pearce,  f.ll; 
•Rush,    851;    Silliman,   902;    Tappan,   203; 

Wayland,  841. 

digest  of  act  relative  to,  761. 
report  of  organization  committee,  931. 
plan  adopted  by  Regents,  932. 


Building  for  library,  Tappan,  334. 

Building  for  National  Museum,  748, 752, 753, 756, 

757. 
Building  of  S.  L,  investigation  proposed  by  A, 

Johnson,  489. 

investigation  relative  to  necessary,  A.  John- 
son, 496. 

report  of  origin  of  fire  and  losses,  686. 
suggestions  for  improvement  of,  after  the 

fire,  688. 

Buildings,  costly,  the  bane  of  literary  institu- 
tions, 882. 

funds  wasted  in,  Hubbell,  861.  ' 
instructions  in  construction  of,  Tappan,  302. 
Bureau  des  Longitudes,  France,  Adams,  845. 
Burke,  Edmund,  resolution  by,  351. 
Burnett,  Henry  C.,  resolution  by,  652. 
Butler,  A.  P.,  remarks  by,  560,  563. 
resolutioa  by,  563. 
report  of  Committee  on  Judiciary  on  man- 

agement  of  Institution,  563. 
By-laws  should  be  adopted,  Upham,  601. 

O. 

Cabinets  of  specimens,  Chapin,  859 ;  Delta,  881, 

885;  New  York  Schools,  404 ;  Way  land,  841. 
Calhoun,  Jno.  C.,  remarks  by.  143,  242,  243. 
Calhoun,  Wm.  B.,  resolution  by,  171. 
Cambreleng,  C.  C.,  letter  to,  from  Jno.  Forsyth. 

157, 158 

Cameron,  Simon,  remarks  by,  665,  666,  670,  672. 
Campbell,  John,  appointed  on  House  commit- 
tee, 200. 

Campbell,  W.  W.,  resolutions  by,  473. 
Canal  in  Washington,  report  on,  710. 
Canterbury,  court  of,Smithsou's  will  proved  in, 

10. 

Carpenter,  M.  H.,  Regents  appointed  by,  728. 
Case  stated  by  Mr.  Rush,  10. 
Cass,  Lewis,  appointed  Regent,  475. 

resignation  of,  as  Regent,  478. 
Castaignet,  M.,  claim  for  services  as  attorney  of 

De  la  Batut,  19. 

expenses  as  attorney,  25,  27,  226. 
fees  charged  by,  as  counsel  for  De  la  Batut, 

1:1, 17, 18. 
claim  of.  allowqd  by  President  of  the  United 

States,  45. 
Casts  of  celebrated  articles  of  sculpture,  Henry, 

947. 

Casts  of  works  of  art,  Jewett,  959. 
Catalogues  of  libraries,  Henry,  947;  Jewett,  958. 
Catliii,  Geo.,  memorial  to  purchase  Indian  col- 

Ieeti9ns,  473, 477. 
Centennial  collections,  new  building  asked  for, 

748,  754,  755. 

Certificates  of  indebtedness  of  States,  252. 
Certificates  of    qualification    to    students    as 

teachers  and  professors,  Owen,  358. 
Chamberlain,  John,  on  programme  of  organiza- 
tion, 980. 

Champliu,  Capi.,  of  "Mediator,"  102. 
Chancellor,  digest  of  act  relative  to,  760. 
duty  of,  Henry,  947. 
recommendation   of,  relative    to    residuary 

legacy,  130. 
Chancery  court,  referred  case  of  President  vs. 

Drummond  to  master  in  chancery,  20. 
decree  by,  in  favor  of  United  States,  58,  62. 
necessity  for  reform  in,  on  account  of  arrears 

in  business, ,",',). 
Chancery  court  suit,  by  Drummond,  in  favor  of 

Hungcrford,  9, 10. 
first  hearing,  February  1, 1837, 19. 
Chancery  suit  "may  begin  with  a  man's  life 

and  its  termination  be  his  epitaph,"  60. 
Chancery  suits,  calculation  as  to  duration,  49. 
Chandler,  Jos.  R.,  remarks  by,  526, 570,  037. 

resolutions  by,  520,  529,  567,  037, 047. 
Changes  made  from  year  to  year  in  knowledge, 

Henry,  940. 

Chapin,  Graham  II.,  committee  of  House,  148. 
resolution  by,  154. 


398 


INDEX. 


Chapin,  Stephen,  proposed  application  of  be- 
quest, 856. 

Chappell,  Abs.  H.,  committee  of  House,  266. 
Charges  against  8. 1.  by  R.  Choate,  636. 
Charles  the  Proud,  1. 

Charleston,  College  of,  on  programme  of  organ- 
ization, 978. 

Charlton,  Robert  M.,  appointed  Regent,  522. 
Chase,  Salmon  P.,  memorial  to  Congress  relSr 

tive  to  residuary  legacy,  i:n. 
memorial  of.  708,  714. 

Chemical  analysis  of  soils  from  different  sec- 
tions of  the  United  States,  Tappan,  302. 
Chemical  laboratory,  Tappan,  •_'•;:;. 
Chemistry,  Henry,  946 ;  Hubbell,863,  Wayland, 

840. 
applied  to  agriculture,  action  of  House  "ii, 

462. 

Childs,  Timothy,  resolution  by,  17<>: 
Chipman,  Jno.,  remarks  by,  i 
Choate,  Rufus,  Senate  committee,  247,  262, 306. 
remarks  by.  327,  331,  337, :;  M. 
resolutions  by,  2i;_-,  :;j>,  :jjr.,  :$50. 
plan  of,  discussed,  Barlow,  nil. 
appointed  by  Regents  on  organization,  930. 
election  as  Regent,  490,  5:35,  668. 
resignation  of,  as  Regent,  635, 669. 
report  of  committee  on  resignation,  House 

of  Representath' 

City  Hall  in  Washington,  bill  to  authorize  pur- 
chase of,  475. 

Civil  engineering,  Chapin,  858. 
Claimants  to  Smiths  >MS  e-tate  appeared,  74. 
Clark,  Ambrose  W.,  resolutions  l.y,  ».>.',  »;*»,  085. 
Clarke,  Fynmore  &  Fladgate,  letters,  3. 
bill  of  costs  in  suit,  MI. 
oath  to  l>ill  of  ro-t-,  Ml. 
Clarke,   Tho>.,   &   <  ...,   Holicitors   for   Messrs. 

Drummond,  award  to,  oa,  GO. 
Classics,  Chapin.  - 
Clay,  Henry,  remarks  1-y,  -_'l  t. 
Clayton,  Jno.  M.,  remadu  i-y,  M.;,  »77,  ML 

resolutions  l>y,  -477,  .'..d. 
Climate,  study  of,  Silliiuau.  '."'•'•'>. 
Clingman,  T.'L.,  remark-  nry,  -7". 
Clinton,  DeWitt,  on  ••rlu,-ati<.n. 
Cliques,  the  curse  of  societies,  l«-<-k, '."'_'. 
Clymer,  H..  appointed  Regent, 
remarks  by,  755. 
bill,  756.     ' 
resolutions  l>y,  7 

Memorial  relative  to  Centennial,  7">l. 
Coates,  Mrs.,  mother  of  Henry  J.  Hungerford, 

the  nephew  of  Smithson,  18. 
Cobb/Howell,  resolution  by,  *J  >. 

speaker, appointed  l!cir--nts  518. 
Coin,  payment  of  S.  I.  interest  in,  debat. 

703. 

.  Colcock,  W.  R,  appointed  Regent,  518,  vj:;. 
Cole,  Cornelius,  remarks  by,  7J'>. 
Colfax,  Schuyler,  appointed  Regent,  f.77. 
remarks  by,  '>7'.i. 
speaker,  appointed  Regents,  C84,  7 1<>,  71  i,  721, 

724. 
Collaborators  to  prepare   reports   on  science, 

Henry,  -.i-lr,. 

Collaborators  to  be  furnished  with  journal-,  to 
be  paid,  and  names  to  be  on  title  page  of 
reports,  Henry,  940. 
Collamer,  Jacob,  remarks  by,r,7\  684,  •••'I,  700. 

resolution  by,  074. 

Collections  of  "natural  history,  digest  of  act  rel- 
ative to,  702 ;  Henry,  947. 
action  of  House  on,  462. 
not  to  be  an  expense  to  Institution,  J.  Davis, 

510. 

not  to  be  supported  from  Smithsonian  be- 
quest, Henry,  958. 
not -to  be  a   burden  on  Smithsonian  fund, 

American  Academy,  909. 
memorial  for  building  for,  740,  754,  755. 
transferred  from  Land  Office,  724. 
necessity  of  increased  appropriations  for,  714. 
resolution  of  Regents,  943. 


Collections  of  natural  history — Continued^ 
preservation  of,  discussion  on  appropriation, 

•    .t,  '.77,  7011,  711,  71'., 

:_•;. 
Sec  Exploring  Expedition. 

AM  Interior,  s,-ei.'tary. 

Collection  of  aiti<-i.'<  of  science  in  offices  of 
Government,  Henry. 

Collections  to  verify  pobltoatkrns,  Henry,  i'i7. 

Collection  of  transactions  and  proceedings  of 
all  the  learned  societies  in  the  world, 
Henrv. 

College,  application  of  fund  f..r,  Adam-,  S44; 
American  Academy,  905;  Barlow,  nil, 
Choate,  :ins  ;  Ku- 

Collegiate  education,  Waylaud,  839. 

Columbia  College,  N.  Y.,  on  programme  of  or- 
ganization. !'71. 

Columbian  College,  Washington,  1>.  <  '.,  •  n  pro- 
gramme of  organization,  993. 

Comets,  medal  for  discovery  of,  967. 

Commit1. 

Agriculture,  House  of  Representative-. 
Appropriations,  H»u.-e  oi  ,-ives, 

711,  71'-,  721. 

l»i-tri.-t  ..f  (  olombia,  863. 710. 

]-Mlle;tllMll   .Uld    I 

Kiliaiii-.-.  -  .''.58. 

Investigation  of  Institution  iiroj" 

appointed  ),y  House  of  1: 

Jndi.-iary.  S.'iia'. 

Libra 

Library,  n..u-e  ..t    Representatives,  i,  ;,  \'>«, 

704,707,727,728, 
Post  <>ttic-.  . 
1'iiNie  Huildinu-. 
rrintini:    '  the   .-.    1.,  • 

',  71o,  711,  715, 

71-;,  !  ,724,  7_.\  72.;,  727,  72s,  71.-,, 

717,  \ 

.  H>,  171,198, 
DO,  2i  >2,  217,  JJ'.i,  21 

i    .M.-aii-,  H"U-.'  .-f  K.  ]  : 

c.-mmitt.-.-  on  -initli-'ii  l.e<|u--t.  Set  L'iary  of 

:n-. 

Committe.  i  B.  I.,  report  of,  on  or- 

ganication, 

Committee,  standinir.  i>n  S.  I.,  pr"|>"-i-d,  A.  .lolm- 
son,  4.v,  I'.d  :  unn.-ee--.uy,  1;.  McClelland, 

<  »imiiitt m  th.->  Institution  pp,p,,-,-d  l>y  Mr. 

Whit- 

argument  airain-t,  Hilliard,  \^  '•. 

di-en--;-. I7'L 

Committee  ..f  <  ..IILM-I---  \vi.ii Id  atta«-li  In-titution 

l'ore\er  tn  the  (  ',,  iVerill  lie  lit,   I!  In  -t  t,  -I1 .1'.l. 

would  >er\e  a-  a   \\  lii-lesume  and  nee.---:iry 

ehei-k  on  the  1  ii -t  it  i  it  ion,  <  i.  1'.  Marsh,  499. 
advocated,  Mora  . 

Commission  mi  nieinoir-,  Eenry,  945, 947. 
Commissions  appointed   on   scientific   paper', 

6ZL,6SS. 

Compromise,  account  of,  Witto,  .;o'.i,  014. 
proiM.sition    to    annul,    caused    difficulti'-s, 
Meaonam,  *'••'>-. 

bill  n«M-es.-ary,  Uwen,  431. 
resolutions  adopt e,i  i,\-  Ke^ent-.  :itl/)l2. 
resolution  of  lle.irent-,  Heu;\ .  ''17. 
Compromise  necessary  to  harmonize  views  as 

toS.  I.,  iu. 

Compromise  resolutions  discussed,  535. 
Congressional  proceedings,  1  :>.">. 
Congress,  action  of,  on  Smithson  bequest.    Se« 

Diary  of  Adams. 

act  of,  relative  to  increase  of  trust  fund,  1*2. 
special  act  of,  necessary  to  control  Bmithson'f 

residuary  legacy,  129. 

authorized  appointment  of  agent  to  assert 
right  to  bequest,  11. 


INDEX. 


999 


Congress — Continued. 

memorial  to,  relative  to  residuary  legacy,  131. 
-no  power  to  impose  museum  on  S.  L,  J.  Davis, 

during  session  of,  lectures  to  be  given,  Henry, 

948. 

Conkling,  R.,  remarks  by,  749. 
Constitutional  objections  to  receiving  bequest, 

139, 141, 143,  343,  439,  441,  444,  457,  475. 
•Construction  of  act,  report  of  committee  on, 

Witte,  G08. 

by  Senate  Judiciary  Committee,  563. 
'Controversy,  history  of,  respecting  proper  use 

of  the  fund,  Mason,  548. 

1  Co-operation  of  foreign  ministers,  consuls,  and 
agents,  Rush,  850. 

•  Cooper,  Dr.  Thos.,  object  of  S.  I.,  370,  399,  838. 

plan  discussed,  Barlow,  912. 

•  Coppee,  Henry,  Proposed  as  Regent,  735. 

account  of  character  and  services,  Storm,  743. 
without  a  superior  in  science  or  literature 
in  the  United  States,  Randall,  745. 

•  Copyrights,  action  of  House  on,  468. 

Digest  of  act  relative  to,  762 ;  Jewett,  959. 
Corcoran  &  Riggs,  offers  of  State   stocks   ac- 
cepted by  Secretary  of  Treasury,  290,  293. 
Cork  models  of  antiquities,  Jewett,  9GO. 
'  Corporation,  Institution  not  a,  Witte,  622. 
Correspondence   relative   to   the    bequest    of 
Smithson,  3;   English,  576;  Rush,  851.    See 
Letters. 

Correspondence  on  programme,  961. 
Corwin,  Thos.,  House  committee,  200;  Senate 

committee,  352. 
Costs  of  suit,  27,  80. 
Council  of  science,  Rush,  851. 
Counsel,  selection  of,  Rush,  8, 14. 

commendation  of,  Rush,  75. 
Court  of  Chancery,  suit  necessary  ,3 ;  see  Chan- 
cery. 

Cox,  S.  S.,  appointed  Regent,  677,  685,  721,  733. 
remarks  by,  G79,  680,  681,  682,  685,  703,  742. 
resolutions  by,  682,  685. 
Criticism,  Hubbell,  864. 
Crittenden,  J.  J.,  remarks  by,  325,  327,  474,  683. 

resolutions  by,  326,  327. 
Crown,  opposition  abandoned  on   part   of,  in 

chancery,  20. 
Cumberland   University,   Lebanon,  Tenn.,  on 

programme  of  organization,  983. 
•Curley,  James,  on  programme  of  organization, 
975. 


ID. 

Dallas,  Geo.  M.,  appoints  Regents,  475,  477,  478. 

proposed  as  Regent,  654. 
Daua,  J.  D.,  proposed  as  Regent,  727, 733,734, 735. 

geological  services  of,  Hoar,  738. 

on  programme  of  organization,  964. 
Darlington,  Win.,  application  of  bequest,  901. 

plea  for  a  National  Museum,  901. 
Davis,  Garret,  appointed  Regent,  67.1. 
Davis,  Henry  W.,  appointed  Regent,  685. 

committee  on  Smithson's  residuary  legacy, 

126, 130.  • 

Davis,  Jefferson,  appointed  Regent,  478, 517. 

resignation  of,  as  Regent,  522. 

committee  of  House  of  Representatives,  354. 

remarks  by,  408,  456,  505,  506,  508,  515,  517, 701. 

resolutions' by,  404,  466,  478,  490,  505,  506. 
Davis,  John,  remarks  by,  145. 
Davis,  John  W.,  Speaker,  appointed  committees, 
354. 

appointed  Regents,  474. 
Dawes,  H.  W.,  resolution  by,  723. 
Dayton,  Wm.  L.,  election  as  Regent,  672. 
Deberry,  Edm.,  report  from  Committee  on  Agri- 
culture, 301. 
DeBeust,  Wm.,  loss  by  fire  at  Institution,  $1,300, 

688. 

.Decree  in  Court  of  Chancery,  President  of  the 
United  States  vs.  Drummond,  62. 


Decree  in  favor  of  United  States  for  bequest  of 

Smithson,  58. 
Degrees,  Wayland,  841. 
De  la  Batut,  Baron  Eunice,  18,  63. 
De  la  Batut,  Henri,  identical  with  Henry  James 
Hungerford,  41. 

death  of,  in  1835,  41,  57. 

De  la  Batut,  Mary  Ann,  mother  of  nephew  of 
Smithson.  10. 

not  married  to  Col.  Dickinson,  10. 

was  Mrs.  Coates,  18. 

resides  in  Port  Louis,  France,  24. 

about  60  years  old  in  1838.  52, 

claim  under  will  of  Col.  Dickinson,  36. 

decree  of  court  in  fav9r  of  claim,  63. 

claim  on  estate  of  Smithson,  18, 19,  20. 

claim  referred  to  master  in  chancery,  20. 

notified  by  advertisement  to  make  out  claim, 

claim  recommended  for  consideration  by  Mr. 
Drummond,  the  executor  of  Smithson.  32. 

threats  to  file  a  bill  against  Drummond  for 
an  account  as  executor  of  Smithson,  36. 

has  no  claim  under  will  of  Smithson,  33. 

claim  would  be  £240  a  year  during  life,  33. 

moral  claim  to  income  of  fund  since  Smith- 
son's  death,  33. 

favorable  report  on  claim  from  master  in 
chancery,  46. 

allowed  £150  9s.  annually  during  her  life,  and 
arrears  from  September  22, 1834.  to  March 
22, 1838,  55,  56,  57. 

counsel  of,  acquiesced  in  settlement,  57. 

trust  fund  ordered  by  court,  66. 

statement  of  trust  fund,  80. 

death  of,  September  10, 1858, 123. 
De  la  Batut,  Theodore,  appeared  in  answer  to 
advertisement  to  assert  claim,  29. 

a  troublesome  person,  with  unreasonable  ex- 
pectations, 30. 

account  of  interviews  with,  30. 

moral  claims  on  United  States  for  education 
of  his  children,  30. 

decree  of  court  in  favor  of  claim  of,  64. 

would  not  make  depositions  desired,  3» 

proposes  to  send  memorial  to  President  of  the 
United  States,  32. 

style  of  conduct  not  in  his  favor,  32. 

attempts  at  coercion  by  withholding  evi- 
dence. 33. 

claims  discountenanced  by  Mr.  Rush,  34. 

unreasonable,  exacting,  and  bent  upon 
thwarting  the  rights  of  the  United  States, 
35. 

petition  to  President  of  the  United  States,  37. 

petition  returned  to  him  by  Mr.  Rush,  37. 

assured  that  if  he  aided  the  Government  he 
would  have  favor,  38. 

refused  to  give  evidence  unless  pledge  was 
given  to  support  all  his  claim,  38. 

no  objections  by  Mr.  Rush  to  claim  under 
will  of  Col.  Dickinson,  38. 

obstructions  by,  to  early  decision  by  court,  38. 

opinion  of  counsel  as  to  probability  of  delay 
in  settlement  of  claim  of  United  States,  49. 

decision  of  Mr.  Rush  to  allow  claim,  50, 52. 
Delafield,  R.,  elected  Regent,  685,  703. 

Resignation  as  Regent,  721. 
Delagrange,  Mr.,  attorney  in  France,  consulted 
in  relation  to  De  la  Batut,  13, 17, 19,  27. 

claim  of,  allowed  by  President  of  the  United 

States,  45. 

Delaware  College  on  programme  of  organiza- 
tion, 973. 
"Delta"  A,  proposed  applications  of  bequest, 

865,  872. 

Deposit  with  George  Peabody,  127, 12S. 
Deposit  with  Riggs  &  Co.,  128. 
Deposit  with  United  States  Treasurer,  128, 129, 

133. 

Detroit  and  Pontiac  Railroad  State  stock,  253. 
Development  of  organized  life,  880. 
Diary  of  John  Q.  Adams,  extracts  from,  76:3. 
Dickinson,  Henry  James,  bequest  to,  1. 


1000 


INDEX. 


Dickinson,  Henry  Louis,  brother  of  Smithson,  I. 
Will  of,  18. 

Diffusion  of  knowledge,  how  to  promote,  Henry, 

945. 
plans  for,  Witte,  G17. 

Digest  of  act  of  Congress  establishing  S.  I.,  758. 

Disbursements,  digest  of  act  relative  to,  TOO. 

Discoverers  of  scientific  principles  "born,  not 
made,"  Henry,  954. 

Discoveries  in  science  to  be  exhibited  to  Con- 
gress, Henry,  948. 

Discovery  of  new  truths,  great  object  of  Smith- 
son,  215. 

Distribution  of  collections,  debate  on  appropri- 
ation for,  654,  656. 

Distribution  of  duplicates,  appropriation  for, 
7~>1 

Distribution  of  fruits'  plants,  seeds,  and  vege- 
tables to  every  part  of  the  Union,  Tappan, 
263,  302 ;  Owen, 

District  of  Columbia,  the  United  States  as  parent 
palricc,  130,  llo.  141. 

Divinity,  study  of,  in  S.  I.,  objected  to,  Wayland, 
839. 

Dix,  John  A.,  committee  of  Senate,  352. 

Dixon.  James,  remarks  by,  C73,  674. 
resolution  by,  117:5. 

Documentary  history,  Barlow,  92± 

Documents,  fifty  copies  of,  for  exchanges  or- 
dered, 707.  710. 
exchange  of,  with  foreign  nations. 

Dodge,  Augustus  C.,  resolution!  of,  623. 

Donnan,  Wm.  G..  resolutions  by,  745,  7-tr,,  717. 

Douglas.  S.  A.,  resolutions  by,  468,  641.'. 
remarks  by,55<>, 
appointed  Regent,  524, 

Drummond,  Chas.,  no  opposition  by,  to  claim  of 

United  States,  57. 
award  to,  63. 

aa  executor  of  Smith-on,  recommends  con- 
sideration of  Do  hi  Batut's  claim,  32. 

Drummonds,   Messrs.,  bankers,  executors   of 

Smithsou,  1, .",. 
no  reposition  from,  to  suit,  20. 

Dukeol  Northumberland,  i. 

Duke  of  Somerset,  1. 

Duplicate  specimens  to  be  exchanged,  Tappan, 
302. 

Duponceau,  Peter  S.,  application  of  the  bequest, 
895. 

Duties  of  Government  in  reference  to  instruc- 
tion, Barlow,  910. 

Dwelling  houses  for  officers  and  professors, 
Tappan,  2G3,  302 ;  Owen,  355. 

IE. 

Earth,  experiments  to  determine  weight   of, 

Henry,  94C. 

East  Tennessee  University,  Knoxville,  on  pro- 
gramme of  organization,  990. 
Ecclesiastical  establishment,  Adams,  844,  845. 
Editorial  bureau,  Barlow,  91<>,  njn. 
Education,  Adams,  -jns,  •_'[•_',  441,  844;  American 

Academy,  965 ;    Barlow,  910 ;    Chapin,  857  ; 

Cooper,  838;   Darlington,  902;   Dup<>iu'ra<i. 

898;  Embree,  490;  Henry, 947;  Memorial  of 

Illinois  Educational  Convention, 648;  Rhode. 

Island  Historical  Society,  934;  Robl. 

Rush,  855 ;  Stantqn,  403 ;  Wayland,  839. 
report  of  organization  committee,  936. 
Germany  and  France  models  in,  861. 
history  of?  872. 
Elliott,  David,  on  programme  of  organization, 

984. 

Ellsworth,  Henry,  memorial  of,  262. 
Embree,  Elisha,  resolution  by,  489. 
Empiricism  in  science,  Marsh,  426,  428. 
Engineering,  Silliman,  963;  Wayland,  840. 
English  Government  abandoned  all  claim  to 

Smilhson  bequest,  20. 
English  literature,  Chapin,  858. 
English,  W.  H.,  resolutions  by,  534,  5G8,  628,  650, 

652. 


English.  W.  U.—Conti,i 
remarks  by,  568,  5G;>,  :,~\. 
appointed  Regent,  526,  649,  650,  672. 
Ephcmeris     of    astronomical     observations. 

Adams,  847. 

Ephemeris  of  Neptune,  Martin,  979. 
Equity  maxim,  Rush.  :'..">. 
Escheats,  law  of,  no  claim  made  by  British  Gov- 

ernment under,  -.'I. 
Espy,  J.  P.,  appropriation  for, 
letter  from,  on  meteorology,  633. 
meteorological  reductions,  530. 
Establishment,  The,  ot'  the  Smithsonian  Insti- 

tution, digest  of  act  relative  to,  758. 
Estabrook,  Jos.,  on  programme  of  organization, 

990. 
Estimate  of  cost  of  astronomical  observatory,. 

288. 

Estimation  of  S.  I.  in  Europe  586,  618. 
Ethico-Political  science,  McMastcr,  979. 
Ethnological  collection-. 
Ethnological  researches.  Henry,  940. 
Ethiv  fork,  966. 

Evans.  Geo.  S.,  remarks  by,  _M:J. 
resolution  I 
bill  oil 

resignation  of,  as  Regent,  477. 
Everett,  Edw.,  on  programme  of  organization, 

970. 

Evidences  of  Christianity,  Elli<>- 
Ewcll,  Benj.  S.,  on  programme  of  organization, 

Ewing,  E.  II.,  remarks  by. 

Ewing,  Thos.,  proposals  for  State  stocks,  290, 

,-•93. 
bill,  508. 
resolution  1 
Exchange  of  documents  with  foreign  nations, 

10,716. 
Exchange  of  duplicato-specimens,  Tappan,  263  ; 

Owen,  358. 
Exchange,  S.  I.,  packages  marked  to  pass  free 

•    in  th.  -mail 

Exchanges,  account  of,  Chandler,  647  ;   Amer. 
Acad.  tiil'.i;   Ib-nr.  . 

Exchanges  or  publications,  n 
Executive  Committee,  digest  of  act  rel 
7GO. 

Exhibitions  at  tin-  Institution,  6 

Expediency  of  I'mt^l  States  becoming  suitor 

in  England, 

Expenses  of  National  Museum  in  1868,  717. 
Expenses  of  recovery  of  Smithson  bequ<  -t, 

Mr.  Rush's  account,  1  1:;. 
Experimental  researchee  not  the  most  import- 

ant, Mar-!.,  42»;. 
Experiments  as  to  lighting,  heating,  and  venti- 

lating buildings,  Tap  pan,  :v  u. 
Experiments  in  agriculture  and  horticulture, 

Tappan,  I 
Experiments  on  new  fruits,  plants,  and  vegeta- 

bles, Tappan,  :502. 
Experiments  on  new  modes  of  culture,  nc\r 

fruits,  plants,  and  vegetables,  Owen,  358. 
Explanation   of  programme    of   organization, 

Henry,  948. 
Explorations    in    natural    history,    geological, 

rrtagnetical,    and    topographical    surveys, 

Henry,  945. 
Exploring  expedition,  duplicates  to  be  distrib- 

uted,' »;:,!. 
in  charge  of  Library  Committee  of  Congress 

to  1854,  625. 

value  of  collections,  debate  on,  654,  667. 
collections,  appropriation  for,  525. 
appropriation  for  plates,  &c.,  of,  681. 
collections  of,  to  be  transferred  to  Patent  Of- 

fice, 5-J5,  5:)i,r.:55. 

American  Academy,  969  ;  Poinsett,  899. 
plates  and  engravings  to  be  transferred  to* 

S.  I.,  519  ;  set  of,  given  to  S.I.,  682. 
Exploring  expeditions,  account  of,  740. 
Explosions  of  steam  boilers,  investigation  ii* 

regard  to,  Henry,  955. 


relative  to. 


INDEX. 


1001 


Extracts  from  diary  of  John  Quincy  Adams, 

7G3. 
Extra  fund,  memorial  to  Congress  respecting, 

529. 

to  be  added  to  bequest,  648. 
to  be  placed  in  Treasury  of  the  United  States, 
507. 

IF. 

Faculte  des  Lettres  et  Sciences  a  model  for  S. 

I.,  Rives,  329. 

"Felton,  C.  C.,  proposed  as  Regent,  654. 
election  as  Regent,  648,  672. 
letter  on  management  of  S.  I.,  586,  618. 
Perry,  T.  W.,  memorial  relative  to  Centennial, 

751. 
Fessenden,  W.  P.,  remarks  by,  655,  658,  665,  673, 

674,  306. 

appointed  Regent,  673,  702. 
resolutions  by,  677,  706,  711. 
Ficklin,  O.  B.,  447. 
Fictitious  sum  in  the  Treasury,  A.  Johnson,  486, 

496. 

Field,  Richard  S.,  on  programme  of  organiza- 
tion, 971/' 

Fillmore,  Millard,  bill  offered  by,  245. 
resolution  by,  247. 
regents  appointed  by,  516. 
Finance,  plan  of  A.  D.  Bache,  Henry,  957. 
scheme  of  Institution,  Pearce,  511. 
committee  on,  Secretary  of  State  to,  157. 
Senate  Committee  of,  Bill,  522. 
Fine  arts  and  application  to  useful  arts,  Henry, 

946. 

Finley,  W.  Perroneau,  on  programme  of  organ- 
ization, 978. 

Fire  at  S.  I.,  January  24,  1865,  committee  ap- 
pointed to  investigate  origin  of,  685, 703. 
Fitall,  John,  death  of  and  annuity  to,  1,  27,  41, 

57,  63. 
Fitall,  Mrs.  Elizabeth,  award  to,  by  Court  of 

Chancery,  65. 
Fitch,  G.  N.,  appointed  Regent,  518,  524. 

resolution  by,  651. 
Fladgate,  Clarke  &  Finch,  letters  from,  to  the 

S.  I.,  123, 124. 

power  of  attorney   from  President   of    the 
United  States  to  collect  residuary  legacy, 
November,  1863,  125. 
amount  of  Smithson's  residuary  bequest  from, 

128. 

Flamsteed's  observations,  218. 
Fleischman,  Charles  L.,  memorial  of,  171, 186. 
Florence,  T.  B.,  resolution  by,  573. 
Foedera,  Rhymers,  921,  922. 
Foot,  Henry  S.,  remarks  by,  512. 
Foot,  Solomon,  remarks  by,  G86. 

resolutions  by,  686,  689,  702. 
Foreign  ministers  and  consuls,  aid  from,  Rush, 

850. 

Forsyth,  John,  letters  from,  5, 157. 
letter  from,  asking  plans  for  application  of 

bequest,  837. 
Foster,  Eph.  H.,  remarks  by,  349. 

resolution  by,  349. 

Fourcroy,  influence  of,  on  Smithson,  882. 
Fourier  investigation  on  origin  of  the  earth,  867. 
Frank,  Aug.,  resolution  by,  703. 
Franking  privilege  to  Secretary  of  S.  I.  pro- 
posed, Mace,  527. 
Franking  privilege  given  to  S.  I.  on  exchanges, 

7'2(i. 
Franklin  College,  Lancaster,  Pa.,  on  programme 

oi  organization,  990. 
Franklin  Institute,  investigations  of  explosions 

bv  steam  boilers,  Henry,  955. 
Franklin,  Jno.  R.,  571,  572. 

Free  Ai-ademy,  N.  Y.,  on  programme  of  organi- 
zation, 991. 

Freight  on  Smithson  bequest,  118. 
Frelinghuysen,  Fred.  T.,  remarks  by,  731. 
French,  Richard,  appointed  on  committee  of 
House  of  Representatives,  266. 


French  Academy,  S.  I.  to  attain  character  ot 

405. 

French  schools  of  science,  882. 
Fund,  account  with  Treasurer  of  the  United 

States,  803. 

stocks  in  which  investment  was  made,  257. 
investment  of,  in  State  stocks  ordered,  158. 
never  can  be  part  of  revenue  of  United  States, 

what  constituted  the  Smithson,  120, 121. 

nature  of,  Trumbull,  698. 

of  Institution,  digest  of  act  relative  to,  758. 

account  of,  Grimes,  690.    See  Diary  of  Adams. 

disposition  of,  Barlow,  919. 

proposed  change  of  investment,  Chandler, 

526. 
act  of  Congress  relative  to  increase  of  trust, 

132. 
Smithson,  act  to  authorize  increase  of,  to  one 

million  dollars,  709. 
increase  of,  act  for,  521. 
increase  of,  bill  for,  132,  508. 
resolution  of  committee  to  increase,  648. 
memorial  of  Regents  to  increase,  529,  708. 
increase  of,  by  Regents,  507. 
increase  of,  in  Treasury  of  the  United  States 

to  $550,000, 133. 

good  condition  of,  English,  575. 
of  Institution  not  to  support  large  museum, 

J.  Davis,  510. 

report  on  investment,  Chandler,  637. 
statement  of,  January  12, 1844,  268,  270. 
extra,  to  be  added  to  original,  706. 
Fynmore,  Thos.  Geo.,  award  to,  by  Court  of 

Chancery,  65,  66. 

C3-. 

Gallery  of  Art,  Barlow,  911,  917;  Henry,  945; 

Owen,  362. 
report  of  organization  committee,  931. 

Gammell,  W.,  on  programme  of  organization, 
983. 

Gardeners  and  laborers,  Tappan,  263,  302. 

Garfield,  J.  A.,  appointed  Regent,  711,  721. 
committee  to  memorialize  Congress  as  to  re- 
siduary legacy,  130. 

resolutions  by,  708,  709,  711,  714,  715,  716,  734. 
remarks  by,  716,  717,  734. 

Garland,  James,  of  Virginia,  House  committee, 
148, 171,  200. 

Garland,  L.  C.,  astronomical  department  of, 
Manly  ,990. 

Garland,  Rice,  of  Louisiana,  committee  of 
House,  148. 

Gartrell,  L.  J.,  appointed  Regent,  650,  672. 

Geological  and  miueralogical  cabinet,  Owen, 
355;  Tappan,  302. 

Geological  society  for  increase  of  knowledge, 
Henry,  950. 

Geological  surveys,  Henry,  945. 

Geology,  Gray,  967 ;  Henry,  946 ;  Wayland,  840. 

Georgetown  College,  D.  C.,  on  programme  of 
organization,  975,  976. 

German  language  proposed  as  part  of  instruc- 
tion, 198. 

Germany,  literature  of,  Marsh,  420. 

Geyer,  Henry  S.,  remarks  by,  563. 
report  of  Committee  en  Judiciary  on  man- 
agement of  Institution,  563. 

Giles,  Wm.  F.,  resolutions  by,  459, 463. 

Girard  College  fund,  American  Antiquarian 
Society,  988 ;  American  Academy,  965 ;  Hub- 
bell,  861,  863;  Ingersoll,388;  Owen,  366. 

Goggin,  Wm.  L.,  resolution  by,  491. 

Gold,  interest  to  be  paid  in,  debated,  689,  703. 
Smithson's  stocks  converted  into,  and  brought 

to  United  States,  73. 
sale  of  $26,210.63,  for  $54,165.38, 128. 

Government  department,  the  S.  I.  not  a,  509. 

Government,  duties  of,  in  reference  to  instruc- 
tion, 910. 

operations  of  Institution  not  to  be  mingled 
with  those  of,  Henry,  949. 


1002 


INDEX. 


'Government—  Continued. 

should  furnish  buildings  for  Institution,  Sil- 

liman,  962. 
of  the    Institution,   Adams,   845;    American 

Academy,  969;  Chapin,  858;  Rush,  851. 
mode  of,  Wayland,  840. 
collections  to  be  delivered  to  s>.  I.,  Tappan, 

Governor  of  District,  act  to  make  Regent  of, 

Grable,'  John,  report  on  plan  of  periodical,  589. 

Graham,  Wm.  A.,  resolutions  by.  1  1 

Gray,  Asa,  memorial  relative  to  Centennial,  751. 

proposed  as  Regent,  727,  734,  7:15. 

•elected  Regent,  745. 

greatest  authority  in  the  world  in  botany, 
Hoar,  738. 

On  programme  of  organization,  904. 
•Grecian  literature  and  history. 
•Greenwich  Observatory,  account  of,  2  is,  230. 
Grimes,  Jas.  W.,  remarks  by,  655,  658,  689,  690, 
692.  G96,  699. 

grounds,  improvement  of,  .'-21,  •>--, 
for  testing  and  propagating  seeds,  plants,  &•-., 

Rush,  851. 

Grow,  G.  A.,  Speaker,  appointed  Regent*, 
Guthrie,  J.,  letter  of  Secretary  of  Treasury,  637. 


Habersham,  R.  W.,  of  Georgia,  committee  of 

House,  217. 
Hale,  John  P.,  resolutions  by,  6C1,  702. 

remarks  by,  CGI,  609,  r,72,  .,!.!,  8OT,  : 
Halleck,  lite  Greene,  reference  to  poem  ; 
Hamilton,  Alexander,  works  of,  given  to  the  S. 

1    ;.2i. 
Hamilton  College,  Clinton,  N.  Yn  on  programme 

of  organization.  ;i7.;. 
Hamlin,  Hannibal,  bill  introduced  > 
resolutions  by,  4f.j,  506,  T-i,  7-'.:,  721,  728,  732, 

733,  748. 

remarks  by,  457,  72:;,  721;,  7-*.!,  7:52,  7*5. 
appointed  regent,  721. 
memorial  relative  to  Centennial,  7.M. 
Regents  appointed  by,  07:!,  7«>2. 
Hammond,  Jabez  D.,  resolutions  by,  relative  to 

the  bequest,:'.".:;. 
Hampden  Sidney  College,  Va.,  on  programme 

of  organization, 
Hannegan,  Edward  A.,  special  committee   of 

House,  148. 

Hansard's  Parliamentary  Reports,  922. 
Harlan,  James,  resolution  by,  710. 
Hassler,  Mi1.,  recommending   observations  in 

.Maine  and  Louisiana,  848. 
Haven,  Samuel  F.,  on  programme  of  organ  i/.a- 

tioii,  989. 
Haven,  Sol.  G.,  resolution  by,  530. 

remarks,  by,  530. 

Hawley,  Gideon,  elected  Regent,  4!»n,  636, 
Hayes.  Kutherford  B.,  bill  offered  by,  TUT. 

resolution  by,  7»>7. 

Ila/.leton,  <!.  W.,  appointed  Regent,  7:;:;. 
Health,  public.  Beck,  961. 
Heirs-at-law  ot  Smithson  ought  to  be  paid  the 

bequest,  G.  W.  Jones,  385,  405. 
Hendncks,  T.  A.,  remarks  by,  095,  G9G,  G97,  705. 
Henn,  B.,  bill  by,  521. 

resolution  by^  524. 
Henry,  Prof.,  stands  in  front  rank  of  science, 

Hilliard,  482. 
associated  with  Faraday,  Arago,  and  Quete- 

let,  Hilliard,  482. 
very  distinguished,  able,  and  pure,  Cameron, 

671. 

has  zeal,  energy,  discretion,  and  economy, 

report  of  Senate  Judiciary  Committee,  5GO. 

one  of  the  most  prudent  men  in  the  country, 

Poland,  712. 
committee  on  Smithson's  residuary  legacy, 

126. 

digest  of  act  of  organization  by,  758. 
•exposition  of  plan  of,  970. 


Henry,  Prof.— Continued. 

letter  from,  relative  to  G.  E.  Badger,  07.'.. 

loss  by  fire  at  S.  I.,  $1,500,  688, 

memorial  of,  131,  MS,  53<>,  7<>s,  71  \. 

plan  of,  approved  by  scientific  men,  1'-  irc< , 
•K 

programme  of  organization  of  S.  I.,  :u  I. 

report  on  fire,  689. 
Hill,  B.  H.,  appointed  Regent,  7 :.  t. 

memorial  relative  to  Centennial,  751. 
Hilliard.  H.  W.,  resolution  by,  1M. 

remarks  by,  479,  480,  4:)3,  4'.»7. 

app.  .inted  Regent,  474,  487,  518. 

appointed  by  Regents  on  committee  »u  or- 
ganization, 930. 

Historical  researches,  Henry,  94G. 
History,  Henry,  946;   Williams,  992;   Barlow's 


plan,  921. 
••!'  DM!) 


passage  of  act,  Witte,  Gil. 
Hitchcock,  Edw.,  on  programme  of  organiza- 
tion, :.7>, 
Hoar,  E.  R..  appointed  Regent, 

remarks  by. 

resolution  by,  747. 
Hoar,  G.  F.,  remarks  l,y,  7.;>'.,  74 1. 
Uolman,  W.  S.,  resolutions  by,  077, 7  !'•. 

remarki  by,  1.77,  c.7s,  <;>i,  711:1, 7i>>. 
Holt,  Orrin,  committee  of  House,  171. 
Homeopathic  practice,  Hubbeii,  M.I. 
Hooper,  Samuel,  resolution  bv,  7  17. 
Hopkins,  Geo.  W.,  resolutions  by,  157,  4G6. 
Hoi>kins,  Mark, on  programme  of  organization, 

Hopkins,  W.  F.,  on  programme  of  organization, 

993. 

Horses,  improvement  of,  Hubbell,  803. 
Horticultural    and    agricultural    experiments, 

Owen, :;..;  Tapi 
Hough,  \\  in.  J.,  remark-  by,  r.7,  4'.7. 


resolution  by,  4 »;:. 
appoint- -.1  Ke.ir.-nt,  471. 


Houston,  G.  S.,  of  Alabama,  committee  of  House, 
847. 


resolutions  bv, 

,7nl. 


resolution-  by,  7"1,  72s. 
remarks  by,  70 1,  7".~-. 
Hubbell,  Horatio,  proposed  application  of  be- 

queat 

Hughes,  Chr.j  letter  from  J.  Q.,  Adams,  2_">. 
Hulack,  the  tir.-t  astronomer  of  his  age,  877. 
Hiiiubol.U's  library,  .-iccount  of,  by  Agassiz,587; 
M'-a'-!iaii.. 

Humes,  'j'h,,-.  \v.,  ])roposedas  Re-'ent,  7:1:.. 
Hum phreys,  Hector,  on  programme  of  organi- 

/at  ion",  U7ii. 
Hunirerionl,  Henry  James,  mother  of.  Madame 

l»e   1:1    l'..llMt,  10. 

was  natural  son  of  Henry  Louis  Dickinson, 
brother  Of  Smith-. n  by  Mrs.  Coate.-,  Is. 

bequest  to,  1. 

suit  by, :;. 

known  as  Baron  Eunice  de  la  Batut,  18,  G3. 

passed  under  name  of  Dickinson,  l.s. 

made  an  allowance  to  Mrs.  De  la  Batut,  i*. 

lived  up  to  his  income,  leit  nothing  to  pay 
debts  and  funeral  expenses,  31. 

died  at  Pi>a,  June  .">,  ].s;5, :;,  'J,  11,  3G,  41,  57,  59, 
B& 

had  no  heirs,  never  married,  0, 11,  57. 

advertisement  for  information  relative  to,  25. 

chancery  suit  against  estate  of  Smithson,  9. 

fees  charged  in  relation  to  effects  of,  13. 
Hungcrfords  of  Audley,  1. 
Hunt,  Wash.,  remarks  by,  400. 
Hunter,  Alex.,  memorial  of,  2G2. 
Hunter,  R.  M.  T.,  remarks  by,  521,  525.  656,  658. 

bill,  521. 

resolutions  by,  521,  522,  523. 

Speaker,  appointed  committees,  200. 

committee  of  House,  247. 
Hunter,  Wm.  II.,  of  Ohio,  committee  of  House, 

171. 
Huntington,  Jabez  W.,  remarks  by,  349. 


INDEX. 


1003 


Button,  Dr.,  compliments  to  Smithson,  800. 
Hygiene,  Beck,  901. 

I. 

Iceland  waters,  examination  of,  8GG. 

Illinois  bank  and  internal  improvement  stock, 
254. 

Illinois,  certificate  of  stock  of,  252,  254,  255. 
Treasury  account  with,  814. 
.account  of  investment,  Adams,  294. 
and  Michigan  canal  stock,  254. 

Illinois  stocks  held  in  trust  by  S.  I.,  240, 208, 209, 
270,  639,  040. 

Illustrations,  specimens,  and  apparatus  for  pri- 
mary schools,  Owen,  359. 

Improvements  in  domestic  economy,  Tappan, 
302. 

Income  of  Institution  divided  by  Regents  into 
two  equal  parts,  947. 

Increase  of  knowledge,  how  to  promote,  Henry, 
945. 

Increasing  knowledge,  plans  for,  Witte,  GIG. 

Increase  and  diffusion  of  knowledge,  Upham, 
594. 

Indian  Affairs,  Commissioner,  co-operation  of, 
asked  by  Institution,  943. 

Indian  collections  and  paintings  of  Catlin,  473, 
477. 

Indiana  University  on  programme  of  organiza- 
tion, 98-2. 

Indians,  trust  funds,  interest  paid  in  gold,  G91. 

Industrial  art  of  ancients  compared  with  mod- 
ern, Marsh,  428. 

Ingersoll,  C.  J.,  committee  of  House,  247. 
resolutions  by,  4LO,  402. 
remarks  by,  480. 

Ingersoll,  E.  C.,  resolutions  by,  716,  722. 

Ingersoll,  Jos.  B.,  resolutions  by,  410,  402. 
remarks  by,  387. 

Institute  and  Institution,  remarks  as  to  name, 
Maynard,  740. 

Institution  no  claim  upon  the  Government, 
Hale,  G94. 

Institution  not  a  department  of  Government, 
J.  Davis,  509. 

Institution  not  to  support  Government  museum, 
J.  Davis,  510. 

Institution  for  physical  research  and  applica- 
tion of  science  to  the  useful  arts,  W.  11. 
Johnson,  172. 

Institution  wrong  and  based  upon  misconcep- 
tion, Hale,  002. 

Instruction,  duties  of  Government  in  reference 

to,  910. 
in  German  language,  Keim,  198. 

Instruments  of  research,  Henry,  940,  947. 

Instruments,  Silliman,  902. 

instructions  in  navigation  and  use  of  nauti- 
cal, Tappan,  ;'>(»± 
of  Smithson,  109. 

Insubordination  of  assistant?,  020. 

Insurance  on  Smithson  money,  117. 

Intellectual  science,  Delta,  853. 

Interest  account  of  State  stocks,  272,  276,  305. 

Interest  on  debt  to  S.  I.  to  be  paid  in  coin,  de- 
bate on,  089,  703. 

Interest  on  bequest.  United  States  responsible 
for,  440,  444,  449. 

Interest  received  and  disbursed  on  account  of 
S.  I.,  041. 

Interpretation  of  act,  Badger,  555 ;  English,  583; 
Pearce,  530,  537,545;  Mason,  545;  Douglas, 
550;  Senate  Committee  on  Judiciary,  5C>:'.. 

Interior,  Secretary,  on  collections  of  Exploring 

Expedition,  505. 

on  enlargement  of  Patent  Office,  514. 
distribution  of  specimens  proposed  by,  655. 
transfer  or  specimens,  658. 
collections  piacea  m  charge  <A,  GG5. 
appropriations     for     collections     expended 
under  direction  of,  G77. 

Invention,  history  of,  Marsh,  424,  427,  429. 

Investigation  of  affairs  of  S.  I.,  Badger,  5.30. 


Investigation   of   Institution,   committee    ap- 
pointed for,  Meacham,  569,  573. 
necessary,  Meacham,  629. 
report  of  committee,  589, 608. 
Investigation  of  S.  I.  desired,  A.  Johnson,  491 ; 

unnecessary,  R.  McClelland,  492. 
Investment  in  State  stocks,  158,  204,  236,  237, 

294,  365,  843. 
prohibited,  245,  246. 

Investment,  proposed  change  of,  Chandler,  526. 
Investment  of  extra  fund  in  Treasury  of  the 

United  States,  507. 
memorial  relative  to,  708,  709. 
Investment  of  funds  of  8. 1.,  637,  639. 
Invoice  of  boxes  shipped  to  United  States  by  R. 

Rush,  106. 

Italians,  elastic  resiliency  of,  885. 
Italy,  documents  from,  relative  to  Huneerford's 
death,  32,  30. 

CT. 

Jackson,  Andrew,  message  of,  135. 

Jackson  College  on  programme  of  organization, 

993. 
Jacob,  Edw.,  selected  as  counsel  by  Mr.  Rush, 

opinion  as  counsel  on  case  of  United  States, 

Jardin  des  Plantes  a  model  for  S.  I.,  Tappan, 

321. 

Jefferson,  Thos.,  works  of,  given  to  S.  I.,  530. 
Jenkins,  Timothy'  committee  of  House,  354. 
Jewett,  C.  C.,  on  library,  958. 
additional  legislation  needed,  621. 
removal  of,  justified,  Witte,  Gi'fi. 
Johns,  Bishop,  loss  of  library  of,  at  fire,  087. 
Johnson,  Andrew,  resolutions  by,  444,  457,  461, 

487,  488,  489,  491,  649. 
remarks  by,  444,  455,  456,  484,  485, 487,  488,  491, 

493,  494. 
Johnson,  B.  P.,  on  programme  of  organization, 

993. 
Johnson,  R.  W.,  resolutions  by,  526,  507,  651. 

remarks  by,  500. 

Johnson,  Thos.,  memorial  of,  306. 
Johnson,  Walter  R.,  memorial  of,  and  plan  for 

S.  I.,  171, 172,  309. 
Jones,  Geo.  W.,  resolutions  by,  366,  385"  389,  404. 

405,  534,  052,  053. 

remarks  by,  307, 385,  408,  460,  526,  528,  570. 
Jones,  John  W.,  Speaker,  appointed  committees, 

200. 

Judicial  interpretation  of  act,  Badger,  558. 
Judiciary  Committee  report  on  whether  claim 

should  be  made  for  the  bequest,  139. 
Judiciary  Committee  of  Senate,  report  on  man- 
agement of  Institution,  503. 
Juilly,  Henry  Honori,  bequest  to,  1. 

IEC. 

Kearny,  Major,  report  of,  848. 
Keim,  Geo.  May,  resolution  by,  198. 
Kellogg,  Stephen  W.,  resolution  by,  734. 
Kendrick,  A.  C.,  on  programme  of  organization, 

981. 

Kennedy,  John  P.,  committee  of  House,  171. 
Kenyon  College.  Gambier,  Ohio,  on  programme 

of  organization,  992. 
Kerr,  John,  remarks  by,  571. 
Kerr,  M.  C.,  Speaker,  appointed  Regents,  75 1. 
King,  Chas.,  loss  of  pictures  of,  by  fire,  687. 

on  programme  of  organization,  971. 
King,  D.  P.,  remarks  by,  400, 407. 
King,  Henry,  proposed  as  manager  of  S.  I.,  334, 

349. 

collections  by,  900. 

King,  W.  R.,  Regents  appointed  by,  522. 
Kinney,  W.  B.,  on  programme  of  organization, 

971. 
Kirkpatrick,  L.,  on  programme  of  organization 

971. 


1004 


LM'KX. 


Kirtland,  Jared  P.,  proposed  as  manager  of  S. 

T    ST14  *^49  • 

Knickerbocker,  N.  V.,  memorial  of,  306. 
Knowledge,  Jno.  Q.  Adams  on,  151. 
distinction  real,  between  increase  and  diffu- 

sion, Chandler,  • 
what  Smithstfn  meant  by,  Barlow,  9;  Delta 

how  to  be  increased  and-  diffused,  Marsh,  414, 

422;  Upham,  .V.i4. 
increase    and    diffusion    logically    distinct, 

Henry,  950. 
distinction  between  increase  and  diffusion, 

not  to  be*  confined  to  material  things,  Marsh, 

S.  I.  should  be  a  warehouse  of,  Darlington,  907. 
attempts,  unduly,  to  stimulate  ; 

will  be  abortive,  American  Academ; 
the  cement  to  pre.-.-rve  the  l'ni«>n,  Jefferson 

Davis,  •!(»'.». 
Knowledge  and  science  not  synonymous,  Up- 

ham, 594. 

Krauth,  C.  P.,  on  programme  of  organization, 
973. 


Laboratory,  "  Delta,"  8S1 

low,  913,  917;  U\ven,  356;  Taiwan, 
303. 

report  of  organization  committee,  931. 
isachari: 
Laflin,  A.  11.,  resolutions  by,  :•',  715, 

710,  7  .!•-'. 
Land  Office,  geological  spec;:  terred 

from,  7-1. 
Lands,  pn><  bheld  from 

certain  States,  :;:,!. 
Langdale,  Lord,  ma-t.-r  of  ti,o  roll-,  fh-r 

ing  of  suit,  President  of  tli.-  rnited  States 
va.  Druiuinond,  !'.». 
Language?,   cli:q.in,   N>*;    Ilubhell,  sr,:j;   883; 

Wayland, 
Law.Chapi  Subbell,864; 

Owen,  868 

relative  to  annuities,  :;i,  ::i. 
on  which  the  Institution  is  founded,  Upham, 

693. 

Laws  of  nations,  WaylfUQ  '• 
Lecture  room 

report  of  organization  conn: 
Lectures,  Adams,   sir,;    Barlow.  912,   -ii 
Chapin,    857,    Choate,    311;    Coop. 
Henry,  947,  918,  950,  958  ;  Owen,  :r>s,  .T59,  382; 
Pearce,  5-1  1 

302,  334;   Upham,  59:j;   Southern   Literary 
Messenger,  892. 
authorized  by  Regents,  941, 
debates  on,  326,  i 
only  second  to  art  of  printiiiir  a<  a  means  of 

extending  knowledge,  .:. 
report  of  organization  committee, 
Legislation,  what  is  required,  Witt- 
Leigh,  Benj.  W.,  report  of  Committee  on  Judi- 

ciary on  bequest,  135. 
resolutions  by,  140,  142. 
Lesquereux,  Leo.,  proposed  as  Regent,  7U4. 
Letters- 
relative  to  Prof.  Henry's  programme  of  or- 

ganization, 9G1. 
right  and  practice  of  opening  by  the  Secre- 

tary, 627. 
J.  Q.  Adams  to  C.  Hughes,  relative  to  observa- 

tories, 229. 

Prof.  Agassiz  on  management  of  S.  I,,  586. 
Astronomer  Royal,  G.  B.  Airy,  on  astronomi- 

cal observatories,  2ijO. 
Daniel  Brent  to  R.  Rush,  27. 
Rufus  Choate,  535,  569. 
Clarke,  Fynmore  &  Fladgate  to  R.  Rush,  30, 

32,  36,  41,  49,  G9,  75,  77,  101. 
Clarke,  Fynmore  &  Fladgate  to  A.  Vail,  3. 
Gen.  Delafield,  resignation  as  Regent,  721. 


Letters— Continued. 
C.  C.  Felton  on  management  of  Institut 


Secretary  of   the  Treasury,  J.  Gnthrie, 
Smithsonian  fun< 

John  Forsyth,  relative  to  applications  "t   b 
quest 

John  For.-yth  to  CL  C.  Cambreleng  and  - 

Wriirht,  Committee   «>M    Way-   and    M.' 

and  Committee  <>\\  Finau.-e,  \'>~. 
John  Forsytu  to  R.  Rush,  0,  1.'.,  4:.,  17,  1 1". 
John  Forsyth  t«>  A.  Vail,  :«. 
John  Forsyth  to  Levi   Woodbury, 

of  the  Treasury,  119. 
Felix   Grundy,    Attorney   General,    to    I.rvi 

Woodburyi'lJl. 
Prof.  Henry  on  printing  ba-k  : 

a*anton,  Fifth  Auditor,  to  J.»hn  Foi>vth, 

i  !'.!••  nt,  28. 
K.  llu-h  to  (  larke,  Fvnm.,ro.  A  Fladgat-  . 

1!.  lln<\\  to  John  Forsyth,  s,  i:1.,  14, 17, 18, 19, 
J.  C. 

lithsonfun. 

rtinent  ..f  E 

to  >  ,  l-'it'tb  Auditor,  I  l;i. 

\.  \  ail  to  J.ilin  Forsyth,  4. 

»f  'l'i>  asm 
-,  i  •_•!'. 

Secretary  .-I'   Tr.  MOry,    I..    \Vo.,dbury, 

mentof  Lnrestmenta  In  - 

committ' 
Librarian,  duty  of,  Henry,  947. 

Librarian   and   a--i-tants   to   I..-   appointed   by 

Libraries,  utility  of,  Mar-h,  417. 
account  of  foreign,  i;.  <  'linnt--,  :;i::. 
phins  .  Henry,  'M*. 

Library  i-,,tnniittee  of  (  mr-T-'-s  in  cha 

lit  ion, :,_'.-,. 

Libra:  \  3.  1..  Adam--,  -1  in;  Aira-.-i/,  "•*>7  ; 

•  an  Antiqu 

'IT;    lliK-hanan,  :;J1; 

8 ;  H<  nry,  !i|.-,,  :H7:  !-:.7;   Hub. 
'  ireh,  III:  M 

. 

\v.  Smith,  9' 
pan,  .  ;    Thiinnan,  41'':    ' 

:   Wuyland,  sll;  Witte,  I;KI,  ill  I, 

ae<  dof,  in  rnite-i  States, 313. 
;,  :;n. 

action  of  House  on.  f 
report  of  organization  oommittee,  931,938. 

resolution  of  Kesri-nt*5, '»!-. 

from  r.eanfort,  s.  < '.,  d'-|.osite«l  in  Institution 
d'-troyed  by  tiro,  687. 

Bishop  Johns'",  destroyed  by  fire,  687. 

plans  for,  ('.  <'.  .Ie\\-ett, 
Library  of  Congress,  Witte,  614. 

i;e-_'.'Mts  to  have  use  of,  7:;:;,  747. 

transfer  of  S.  I.  to,  701,  7(»7. 
Library  of  Gottingen,  Marsh,  419. 
Licht,  hypotheses  respecting,  Henry,  n:>i. 

theory  of,  a  speculation,  American  Academy. 

967. 

Lincoln,  Abraham,  power  of  attorney  from,  128. 
Lindsley,  Philip,  on  programme  of  organiza- 
tion, 982. 
Linn,  Lewis  F.,  bill,  238. 

remarks  by,  244. 
Literature,  Henry,  940. 
Local  objects  a  perversion  of  the  trust,  Henry, 

944. 
Logic,  Hubbell,  864. 


INDEX. 


1005 


.London  Institution  for  diffusion  of  knowledge, 

Henry,  050. 
Longfellow,  Henry  W.,  on  programme  of  organ- 

ization, 97U. 

Longitudes,  Manly,  989. 
Losses  by  the  fire  at  th'e  Institution,  687. 
Lucas,  Wm.,  appointed  on  committee  of  House 

of  Representatives,  2GG. 
Lunar  tables,  Manly,  989. 
Lying-in  hospital,  Hale,  CGI. 


McClelland,  R.,  remarks  by,  437,  492. 

appointed  Regent,  487. 
McClernand,  John  A.,  resolution  by,  464. 
McCrary,  Geo.  W.,  resolution  by,  756. 
memorial  relative  to  Centennial,  751. 
appointed  Regent,  754. 
McDougall,  Jas.  A.,  676. 
McGuire,  J.  C.,  loss  by  fire  $1,000,  687. 
Mcllvaiue,  Abr.  R.,  remarks  by,  501. 
McKay,  Jas.  J.,  resolution  by,  '-±57. 
McKeunan,  Thos.  M.  T.,  special  committee  of 

House,  148, 

McPlierson,  Ed\v.,  resolutions  by,  681,  682,  683.    ' 
remarks  by,  682. 
appointed  Regent,  677. 
Mace,  Daniel,  remarks  by,  527. 

resolution  by,  527. 
Macie,  James  "Lewis,  name  of  Smithson  until 

he  left  Oxford  University,  61. 
Maclean,  John,  proposed  as  Regent,  727,  734,  735. 

elected  Regent,  710,  711. 
MacMaster,  E.  D.,  on  programme  of  organiza- 

tion, 978: 
Madison  University  on  programme  of  organi- 

zation, 981. 

Magnetical  surveys,  Henry,  945. 
Maine  memorial  for  an  observatory,  848. 
Maladministration,  charge  of,  refuted,  Witte, 

623. 

Management  of  thetfund,  Adams,  845. 
Management  of   Institution,  investigation  of, 

by  House  of  Representatives,  569. 
approved  by  American  Philosophical  Society, 

585. 
report  of  House  of  Representatives  commit- 

tee, Upham,  589  ;  Witte,  608. 
remarks  on,  English,  574. 
pursued  with  zeal,  integrity,  &c.,  Upham,  598. 
Managers  to  appoint  professors,  &c.,  Owen,  358. 
Managers  of  8.  1.,  Tappan,  263. 
Manly,  B.,  on  programme  of  organization,  989.' 
Mann,  Horace,  on  normal  schools,  380. 
Manual  labor  university  proposed,  A.  Johnson, 

489. 

Manuscripts  of  Smithson,  109. 
Marietta  College  on  programme  of  organiza- 

tion, 989. 
Marsh,  G.  P.,  committee  of  House  of  Repre- 

sentatives, 354,  409,  410,  499. 
resolution  by,  467. 
appointed  Regent,  487. 
Martin,  Chas.,  on  programme  of  organization, 

979. 
Masonic    University    of    Tennessee    on    pro- 

gramme of  organization,  993. 
Mason,  J.  M.,  remarks  by,  545,  648,  669,  670. 
resolutions  by,  518,  648,  651. 
appointed  Regent,  517,  649. 
interpretation  of  act  of  organization,  538. 
Master  in  chancery,  William  Nassau,  Sr.,  case 

of  Smithson  bequest  referred  to,  25. 
report  of,  confirmed,  March  27,  1838,  55. 
Matcria  medica,  Beck,  961. 
Mathematics,  Cooper,  838;    "Delta,"  883,  884; 

Ewcll,  982;  Hubbell,  863. 

Maule,  Geo.,  award  to,  by  Court  of  Chancery,  66. 
Maury,  M.  F.,  on  programme  of  organization, 

974. 

services  of,  395. 

Maynard,  H.,  remarks  by,  717,  735,  740. 
resolution  by,  734. 


Mayor  of  Washington  as  Regent,  repeal  of  act, 

723,  725. 

Meacham,  J.,  resolutions  by,  524,  568,  569,  572. 
remarks  by,  569,  570,  629,  650. 
declined  to  serve  on  committee  of  investiga- 
tion, 573. 

appointed  Regent,  524,  526,  649. 
resignation  of,  as  Regent,  650. 
Mechanics,  Institution,  for  diffusion  of  knowl- 
edge, Henry,  950. 
Medal  by  King  of  Denmark  for  discovery  of 

comets,  967. 
Medals  for  original  mernpirs,  H^enry,  945. 

to  students,  Chapin,  859. 
Mediator,  packet,  Smithson's  bequest  brought 

to  United  States  in,  102. 
Medical  jurisprudence,  Beck,  961. 
Medicine,  Beck,  901 ;  Chapin,  858 ;  Cooper,  838 ; 

Hubbell,  864;  Wayland  841. 
Meigs,  Gen.  M.  C.,  plan  of  building  for  Govern- 
ment collections,  749,  753. 
Memoir  of  Smithson  by  W.  R.  Johnson,  369. 
Memoirs,  rules  for  accepting,  Henry,  945. 
Memorials- 
Agricultural  Society  of  the  United  States,  261. 
American  Philosophical  Society,  585. 
B.  Birdsall,  248. 

citizens  of  Huron  county,  Ohio,  306. 
citizens  of  Madison  county,  N.  Y.,  352. 
citizens  of  Steuben  county,  N.  Y.,  306. 
citizens  of  Washington,  248. 
convention   of   county    superintendents  of 

common  schools,  N.  Y.,  353. 
corporation  of  city  of  Washington,  200. 
Chas.  L.  Fleischman,  171, 186. 
Illinois  Educational  Convention,  648. 
Walter  R.  Johnson,  171. 
Kentucky  State  Agricultural  Society,  200. 
H.  C.  Merriam,  265. 
Cons.  S.  Rafinesque,  201. 
Regents  relative  to  increasing  trust  fund,  506, 

529,  708. 
Regents  to  Congress   relative  to  residuary 

legacy,  131. 
Regents  asking  appropriation  for  museum, 

714. 
Regents  for  building  for  collections,  748,  754, 

755. 

Richard  Rush,  248,  260. 
Mercer,  C.  F.,  bill  for  observatory,  846. 
Message  of  President  Jackson,  135. 
Tyler,  247,  2Q2. 
Van  Buren,  159, 171. 

Metaphysics,  Chapin,  859;  Hubbell,  864. 
Meteorological   observations,    Estabrook,  990; 

Henry,  945,  946 ;  Manly,  990. 
Meteorological  work  of  L.  Blodget,  590 ;  Espv, 

530;Sfl.,532. 

Miami  University  on  programme  of  organiza- 
tion, 978. 
Michigan  stock,  account  of,  120,  237,  246,  268, 

270,  294,  639,  640. 

Michigan,  certificate  of  stock  of,  253. 
interest,  explanation  of,  McClelland,  437. 
Treasury  account  with,  810. 
Microscope,  perfection  of,  Henry,  951. 
Military  Academy  at  West  Point,  character  of 

instruction  in,  891. 
ant  for  support  of,  158,  842. 
bill  to  repeal  part  of  act  relative  to,  242,  243, 

245,  246. 

on  programme  of  organization,  977. 
Mineral  resources, Silliman, 963;  W.R.Johnson, 

174. 

Minerals  of  Smithson,  109. 
Mines,  practical  instruction  in  exploration  and 

working  of,  Tappan,  302. 
Mining,  Wayland,  840. 
Mint  of  the  United  States,  Smithson's  money 

delivered  to,  in  sovereigns,  110,  111. 
Models,  Chapin,  859. 

resolution  of  Regents,  943. 
Models  of  Antiquities,  Gray,  969;   Henry,  947  ; 
Jewett,  960. 


1006 


INDEX. 


Monroe,  Jas.,  resolution  by,  734. 

remarks  by,  734,  741. 
Moore,  Nath'l  F.,  on  programme  of  organiza- 

tion, 971. 

Moral  science,  Rush,  852. 
Moral  statistics,  Henry,  946. 
Moral  suasion  to  induce  States  to  pay  interest, 

Adams,  434,  453,  465. 
action  of  House  on,  466. 
Morehead,  James  T.,  remarks  by,  331. 
Morrill,  Lot  M.,  remarks  by,  729,  730. 
Morrill,  Justin  S.,  resolution  by,  752,  753. 
bill,  752.        •  » 

remarks  by,  078,  751,  753. 
Morse.  Isaac  H.,  bill,  430. 
resolution  by,  504. 
remarks  by,  428.  502. 
Mounds,  exploration  of,  Henry,  94T,, 
Muhlenberg,  F.  A.,  Jr.,  on  programme  of  organi- 

zation, 990. 

Munroe,  James,  resolution  by, 
Murrav,  Nicholas,  on  programme  of  organiza- 

zafron,  971. 
Museum,   Barlow,   911,   917;     Chandler, 

Chapin,  8:.!)  ;  Darlington,  901  ;  English,  :.:.,  ; 

Henry,   MI:.,   !i:,s;    U.   P.   Marsh,  414,  4ir,; 

Owen,  355;    Poinsett,  8:i!>:    Silliman,  962; 

Tappan,  262,  302,  303  ;  "  Delta,"  881. 

memorial  relative  to  increase  of,  714,  740,  TV-. 

necessity  for  new  building  for,  Morrill,  7.M; 

Sargent,  752;  Stevenson,  748,  752. 
resolution  of  Regents,  942. 
expenses  of,  for  1868  in  detail,  717. 
necessity  of  increased  appropriations  for,  Po- 

land, 7  11. 

the  really  popular  feature,  Holman,  680. 
gift  of  an  elephant  to  the  Government,  J. 

~,  509. 
not  to  be  supported  from  Smithson  fuiitl,  J. 

Davis.  610. 
national,  should  remain  in    buildings    fur- 

nished by  Government,  Silliman, 
should  be  taken  off  the  hands  of  Institution, 

Garfield,Taa 
no  obligation  on  Institution  to  receiv. 

ernment,  J.  Davi- 
no  part  of  plan  to  collect  a  large,  J.  1 

510. 

report  of  organization  committee,  9:',l. 
Government,  connection  of,  with  Institution, 

664-672. 

Patent  Office,  not  to  be  taken  fcy  8.  1.,  505. 
calculated  to  carry  out  purposes  of  original 
grant,  Holman,  07  - 


National,   ridicule  of  improper  use   of  title, 
Allen,  846. 

National   Academy  of  Sciences,  resolution   to 

publish  report  of,  7"_'. 
National  agricultural  school  and  farm,  Fleisch- 

man,  171. 

National  establishment,  S.  I.  not  a,  B 
National  Institute,  bill  to  incorporate 
Darlington,  901,  908;    Duponceau,  8!»  <. 
Poinsett,    899;    Preston,    239;    Linn,    238; 
Walker,  340,  346;  Woodbury,  322,  335. 
debates  on,  323,  335,  337,  340,  346,  350. 
two  Regents  to  be  members  of,  repealed,  684, 

685. 

charter  of,  expired,  684,  685. 
collections  of,  in  Patent  Office,  505. 
collections  of,  now  in  S.  I.,  B 
to  nominate  officers  of  the  S.  I.,  238. 
National  Museum  and  Botanic  Garden,  Darling- 

ton, 901. 

National  Museum,  Gray,  969;  Henry,  948. 
collection  to  be  entitled,  Ingersoll,  •}«;•_'. 
foundation  of,  Poinsett,  900. 
See  Museum. 
National  University,  Chapin,  859  ;  Clayton,  143; 

Leigh,  142  ;  Preston,  141. 
See  University. 


Natural  history,  Darlington,  905;    Henry,  945, 

:   EubbeU.863:  Tappan,  263. 
Natural  philosophy,  Henry,  '.»{<'•. 
Nautical  Almanac,"  Adams,  M7. 
Navy,  improvement  of,  Hubbell,  860. 
Secretary  of,  co-operation  asked  by  Institu- 
tion. 
Department,   meteorological  work   of  Prof. 

Espy. 

Nephew  of  Smithson.    See  Hungerford. 
Neptune,  Leverrier's  speculations,  Gray,  967. 
New  Jersey  Historical  Society,  on  programme 

of  organisation.  97ft 
Newspapers    in    which    advertisements    were 

made  for  heirs  «>f  Smithson,  -Jl. 
New  York  Airrii-ultural  Society  on  programme 

of  organ i/.at ion. 

New  York,  natural  tUstor? of! 9S& 
Newton  Theological  Institution,  Mass.,  on  pro- 
gramme of  organisation,  '•>!-. 
Nichols,  M.  H.,  resolution  by,  i;.v_'. 
Nicholson's  Ma^a/ii 
Nicolet,  collections  by,  900. 

hn  M.,  remarks  i 
Normal  instruction  advocated, Owen, 379;  Stan- 

.  402. 

ridieul.-d  by  A.  Johnson,  4.V.. 
aetjon  of  BOOM  • 
Normal  school,  Harlow.  :n  I :  <t\ven, 

action  of  Congress^  |  "],hain. 
North,  Simeon,  on  programme  of  organisation, 

North  American  Review,  cxtnvt  from,  on  li- 

hrari' 

Northumberland, Hugh,  first  Duke  of,  1. 
Northumberland,  Duke 

O- 

Oakland  College,  Miss.,  on  programme  of  organ- 

Isatioi 
Obituary  notices  of  distinguished  Individuals, 

Observatories,  ace,, nut  of,  -J1  . 

Obsor  -!'•:    l'-:irlo\v, 

913:    Darlington,  902;    Delta, 

•  :  Stanton,  395,  396;  I'ph 
Washington,  on  programme  of  organisation, 
074 

Officers  of  Army,  Navy,  Ac.,  to  aid  Institution, 

Kiisli,  8.V). 
Officers  of  the  Institution,  Upham,  flOl;  Ameri- 

\',ti.|iiarian  S 

digest  of  act  relative  to,  71,0. 
Ogle,  Chas.,  committee  of  House,  171,  200. 
Ohio,  certii:  k  of,  2.V.. 

stocks  held  in  trust  by  S.  I.,  246,  269,  270,  039, 

640. 

stocks,  Treasury  account  with,  820. 
Oldberg,  first  secretary  of  Koyai  s.eiety  of  Lon- 
don, 941. 

Olds,  Edson  l?..  remarks  by,  .".7. 
Operation^  of  Institution,  nature  and  value  of^ 

Garnel.l,  7 is. 
account  of,  <;.  ]•'..  lion: . 
Opinion  of  Attorney  General  Felix  Grimily  on 

Smithson  fiiml, 'li'I. 
Opinion  of  counsel,  Th.  Pemberton  and    Kd. 

Jacob,  i-j. 

Opposition  to  any  plan  for  S.  I..  Allen,  343. 
Ordnance  officers,  collections  by,  900. 
Ortranixation  of  Institution,  account  of,  000. 
Organization,  programme  of,  proposed  by  Prof. 

Jos.  Henry,  nil. 

report  of  committee  of  Regents,  930. 
Original  memoirs,  Henry,  :ti:>. 
Original  research,  Chapin,  857 ;  Henry,  945,  951. 
report  of  organization  committee,  931. 
resolution  of  Regents,  941,  OU. 
Orr,  J.  L.,  Speaker,  appointed  Regents,  050. 
Owen,  D.  D.,  collections  by,  wx>. 
geological  report  of,  given  to  S.  I.,  .">2.°,. 


INDEX. 


100T 


Owen,  Robert  Dale,  committee  of  House,  354. 
bills  offered  by,  351,  350. 
resolutions  by,  410,  434,  430,  4G1,  403,  473. 
remarks  by,  355,  300,  407,  431,  449,  455,  458. 
appointed  Regent,  474. 
appointed  on  committee  on  organization  by 

Regents,  930. 
report  of,  to  Regents,  on  plan  of  organization, 

930. 

plan  discussed,  Barlow,  914. 
Oxford  University,  Smithson  graduated  under 

name  of  James  Lewis  Maeie,  01. 
publications  of,  Rush,  851. 


Packard,  A.  S.,  on  programme  of  organization, 

980. 

Painting  belonging  to  Smithson,  78. 
Parens  patrias  of  the  District  of  Columbia,  the 

United  States,  139,  140. 
Parker,  James  H.,  remarks  by,  155. 
Parker,  Peter,  proposed  as  Regent,  727,  734,  735. 
elected  Regent,  710,  711. 
memorial  relative  to  Centennial,  751. 
Parsons,  C.  W.,  on  programme  of  organization, 

983. 
Patent  Office,  condition  of  models  in,  Walker, 

514. 

collections,  Walker,  514. 
Government  collections  not  to  be  removed 

from,  505. 

necessity  for  accommodations  for,  515. 
Pathology,  Hubbell,  804. 
Patterson,  Jas.  W.,  bills  offered  by,  707,  708. 
resolutions  by,  707,  709. 
appointed  Regent,  085. 
committee  to  memorialize  Congress  as  to  re- 

siduary legacy,  130. 
presented  memorial  to  Congress,  132. 
resolution    relative    to   Smithson   residuary 

legacy,  127. 
Peabody,  Geo.,  &  Co.,  deposit  of  Smithson's  re- 

siduary legacy  with,  125,  127. 
Peabody,  Geo.,  did  not  claim  commission,  but 
allowed  four  per  cent,  interest  on  Smithson 
money,  127,  128. 

Pearce,  James  A.,  bill  offered  by,  521. 
remarks  by,  325,  511,  518,  525,  530,  550,  501,  050, 

G58,  059,  003. 
resolutions  by,  500,  510,  521,  522,  524,  520,  535, 

507,  049,  051,  054. 
appointed  Regent,  477,  049,  072. 
special  committee  of  House,  148. 
Peirce,  Benj.,  on  programme  of  organization, 
•    970. 
on  researches  and  publications  of  S.  I.,  588, 

019. 
Pemberton,  Thos.,  opinion  as  counsel  on  case 

of  United  States,  12. 
selected  as  counsel  by  Mr.  Rush,  15. 
opened  case  for  United  States  in  Chancery,  20. 
argument  in  Court  of  Chancery,  50. 
statement  of  arrears  in  Chancery,  39. 
Penal  reform,  Henry,  940. 
Pendleton,  James  M.,  resolution  by,  720. 
Pennington,  \Vm.,  Speaker,  appointed  Regents, 

050. 
Pennsylvania    College,    Gettysburg,    on   pro- 

gramme of  organization,  973. 
Pennybacker,  Isaac  S.,  appointed  by  Regents 

on  organization  committee,  930. 
death  of,  474. 
Penny  Magazine,  930. 
Percy,  Lord,  150. 
Periodical  exhibiting  progress  of  knowledge 

proposed.  Grable,  589. 
Periodicals,  Henry,  947. 
Personal  effects  of  Smithson,  78,  108. 
opinion  of  Attorney  General  relative  to,  122. 
condition  of,  when  received  by  Mr.  Rush,  117, 

118. 

schedule  of,  made  at  time  of  his  death,  101. 
transferred  to  Henry  J.  Hungerford,  101. 


Pettit,  John,  remarks  by,  503. 
report  of  Committee  on  Judiciary,  on  man- 

agement of  Institution,  503. 
Phelps,  John  Smith,  remarks  by,  530,  531. 
Phelps,  Samuel  S.,  remarks  by,  330. 
Philadelphia  Museum,  Poinsett,  899. 
Philology,  Henry,  940;  Hubbell,  804;  Kendrick, 

982. 
Philosophy,    mental  and  moral,  Henry,   940  ;. 

Sparrow,  974  ;  Wayland,  840. 
Physical  Atlas  of  the  United  States,  Henry,. 

945. 
Physical  knowledge,  great  value  of,  "  Delta," 

887. 
Physical  researches,  provided  by  act,  Pearce,. 

541. 

Physical  science,  Rush,  852  ;  "  Delta,"  883. 
aided  by  speculation,  Marsh,  423. 
of  less  importance  than  generally  believed, 

Marsh,  427. 
Physical  sciences,  to  be  restricted  to,  report  of 

organization  committee,  935. 
memorial  for  institution  for  experiments  in, 

171,  172. 

Physical  statistics,  Henry,  940. 
Physics,  Chapin,  858  ;  Henry,  940  ;  Hubbell,  803. 
Physiology,  Beck,  901  ;  Hubbell,  804;  Wayland, 

840. 
Pickard,  Josiah  L.,  on  programme  of  organiza- 

tion, 992. 
Picture  gallery,  contents  of,  destroyed  by  fire, 

087. 

Plans  for  disposing  of  fund,  159,  837. 
Plans  for  organization  of  S.  I.    See  Diary  of 

Adams. 

report  of  committee,  Witte,  608. 
experience  showed  that  no  two  men  agreed  on, 

Adams,  442. 

history  of  discussion  of,  Upham,  592. 
Planting  and  finishing  roads  and  walks  through 

Smithsonian  grounds,  521. 
Plaster  casts  of  works  of  art,  Jewett,  959. 
Plates  and    engravings  of   Wilkes'   narrative 

transferred  to  S.  I.,  519. 
Platteville  Academy,  Wis.,  on  programme  of 

organization,  992. 
Plea  for  a  national  museum  and  botanic  garden, 

Darlington,  901. 

Pleasonton,  S.,  statement  of  account,  54. 
Poinsett,  Joel  R.,  on  National  Institution  and 

Smithson  bequest,  899. 
Poland,  Luke  P.,  remarks  by,  711,  712,  713. 
resolutions  by,  711,  722,  725,  720,  727. 
appointed  Regent,  710,  711,  721. 
Political  collectanea,  Barlow,  921. 
Political  economy,  Cooper,  838;    Henry,  946; 

MacMaster,  979  ;  Wayland,  840. 
Political  events  of  the  world,  Henry,  946. 
Political  institutions,  effect  of,  Adams,  152. 
Political  statistics,  Henry,  940. 
Pollock,  James,  resolution  by,  504. 
Polk,  James  K.,  Speaker,  appointed  commit- 

tees, 148,  171,  198. 
Pompeii,  models  of,  Jewett,  960. 
Pond,  Enoch,  on  programme  of  organization, 

972. 
Postage,  free,  proposed  on  publications  of  S.  I., 

Henn,  524. 

proposed  for  S.  I.,  Mace,  527. 
exchange  packages  to  be  free  of,  720. 
Potter,  E.  D.,  appointed  committee  House  of 

Representatives,  266. 
Powell,  J.  W.,  appropriation  for,  placed  under 

direction  of  S.  I.,  723. 
Power  of  attorney  to  Fladgate,  Clarke  &  Finch 

to  collect  residuary  legacy  of  Smithson,  125. 
desired  by  Mr.  Rush  to  act  for  President.  44. 
granted  to  Mr.  Rush  to   receive  Smithson 


legacy,  47. 
tt,  Th 


Pratt,  Thos.  G.,  remarks  by,  524,  525. 
Premiums  for  original  papers,  report  of  organi- 

zation committee,  934. 

for   the    best   treatises    on    given  subjects, 
Cooper,  838. 


1008 


INDEX. 


Premiums,  Henry,  947, 952. 

resolution  of  Regents.  941,  942. 
Preservation  of  collections,  appropriation  for, 

625,  654. 
appropriation,  discussion  on,  677,  709,  711,  716, 

724,754. 
President  of  United  States,  power  of  attorney 

to  Fladgate,  Clarke  &  Finch,  125. 
suit  to  be  in  name  of,  1(3. 
See  Messages. 

Van  Buren's  request  for  applications  of  be- 
quest, 837. 

Press,  the  importance  of,  in  diffusing  knowl- 
edge. Henry,  955. 
of  University  of  Oxford  for  publication  of 

communications  and  lectures,  Rush,  >  d. 
Preston,  Wm.  C.,  committee  of  Senate,  !<>»•,  _T. 
bills  offered  by,  239,  247. 
resolutions  by,  242,  490. 
remarks  by,  141, 143,  1 »•;,  lfi.1,  242. 
Price,  Hiram,  resolution  by,  726,  727. 
Prince,  B.,  resolution  by,  672. 
Printing  essays,  Owen,  359. 
Printing  essays  and  lectures,  Rush,  851. 
Prize  medals  to  students,  Rush. 
Prizes  for  essays  on  physical  aciences,  Birdsall, 

248. 

practical  subjects,  Morse,  431. 
Professional  schools,  Wavland,  839. 
Professor  of  astronomy,  Tappan,  263, 302. 
.     chemistry,  Tappan,  2<>3, 302. 
geology,  Tappan.  302. 
natural  history.  Tappan,  263, 302. 
Professors,  893 ;  Chapin,  857,  858. 
action  of  House  on,  463. 
as  wants  of  science  require.  Tappan,  263, 302. 
lectures  on  law,  physic,  or  divinity  excluded, 

Tappan,  263. 

law,  medicine,  exact  sciences,  physics, 
ics,  modern  languages,  English  Literature. 
Ameriean  history,  American  constitutional 
law,  American  institutions,  civil  enpini •«•!•- 
inp,  architecture,  practical  application  of 
science  to  mechanic  art-,  <'hapin,857. 
.  pure  mathematics,  applied  mathematics, 
astronomy,  natural  philosophy,  natural  his- 
tory, science  of  rearing  and  taking  care  of 
domestic  animals  and  agricultural  products, 
oriental  languages,  modern  languages,  phi- 
lology, criticism,  logic,  metaphysics,  medi- 
•  •iii",  law,  homoeopathic materiamedica and 
practice,  Hubbell,  863. 

on  application  of  science  to  productive  and 
liberal  arts  of  life,  improvements  in  agri- 
culture, manufactures,  trades,  and  domestic 
.  economy,  Owen,  359. 
See  Tappan. 

Professorships,  report  of  organization  commit- 
tee, ;i38;  Wayland,  MI. 
Programme  of  organization  of  S.  I.,  by  Prof. 

Jos.  Henry.  944. 
Programme  to  be  adopted  provisionally,  Henry, 

949. 

letters  relative  to,  961. 
Proposed  applications  of  Smithson's  bequest, 

837. 
Protection  of  property,  digest  of  act  relative  to, 

762. 
Provision  for  objects  not  mentioned  in  act  of 

organization,  762. 

Pruyn.  J.  V.  L.,  appointed  Regent,  711. 
resolution  by,  716. 
remarks  by,  713. 

Publications:  annual  compendium    of  practi- 
cal science,  Barlow,  910. 
reports  on  progress  of  knowledge,  Henry.  9 1.">. 
reports  of  progress  in  knowledge  throughout 
the  world,  report  of  organization  commit- 
tee, 934,  937. 
treatises    on    subjects   of  general  interest,   I 

Henry,  945. 

works  in  popular  form  on  the  sciences,  Tap- 
pan,  305. 


Publications — Continued. 
Smithsonian    contributions    to    knowledge, 

report  of  organization  committee,  931. 
books  for  the  Mind,  (Jiles,  459. 
prize  essays,  M.T.--.  t.:i. 
a  new  edition  of  \VilUe>'  Narrative  .~iif>. 
Barlow,  913;  Gray, !»(,;»:  Hem 
historical  documents,  Barlow,  n-ji. 


apolitie:ii  collectanea,  Barlow,  9SL 

scientific  jnqx-rs  from  societies  and  individ- 
uals, Rush,  851. 
reports  on  new  discoveries  in  science,  Henry, 

scientific  works,  Henry,  952. 
transactions,  Duponceau,  S'J7. 
Barlow's  schemes  «:. 
volume  of  pi  irlow,  920. 


works  in  popular  form  on  the  sciences  and  on 

the  aid  they  bring  to  l;il.or,  Tapp-r  . 
in  brief  and  popular  form  on  subjects  of  gen- 


int-Te>t,  report  of  organization  com- 

authorized  \>y  IN^-nN,  nil,  912. 

i  of  House  <  • 
diMieulties  in,  rplnun. 

those  of  other  establishments, 
Henn 
of   Institution,    account    of,    English,    .".77; 

i  ham,  635. 
teachers,  not  for  pupils  of  schools,  Heniy, 

to  l>e  sent  free  by  mail,  proposed,  B.  Henn, 

nation  of,  in  Europe,  586,  CIS. 
nil. •>  l..r,  '.Jl. 

•lution  of  Refconts,  912. 
-  of,  Barlow, 

on  agriculture,  education,  Ac.,  proposed,  Km- 
l-ri'  . 

•pointed  on  committee  of  in- 
vestigation 
remarks  by. 

declined  to  .sign  report  of  committee  on  in- 
vestigation, 5S9. 

Q, 

Qualifications  of  Secretary  of  S.  L,  report  of  or- 
ganization committe.  . 

IR,. 
Ragsdale,  B.  II.,  on  programme  of  organization, 

Ramsey,  Alex.  S.,  remarks  by,  7:51. 

Randal'l,  B«-nj.,  eoinmittec  ot  House,  247. 

Randall,  S.  J.,  remarks  by,  7 1 1. 

Randall,  S.  .S.,  resolutions  relative  to  bequest, 

Kathhitn,  Goo.,  remarks  by,  445,  456. 
tion  i'.v,  •n;r). 

of  Arkansas,  252. 
Record  of  scientific  discovery  proposed,  Barlow, 

rax 

Regents,  appointment  of,  474,  475,  17S  177,  17>, 

487,  49(1,  r-o-_',  r,.M-,,  5ir.,  :,is,  -,i;i,  :,-•_', 

526, :. 
elected,  85  ••;,  ."lit, :,-;,  .-,_•  i,  :,:v>,  568, 

648,7:; 

discussion  'of  candidates  7:;i. 
digest  of  act  relative  to,  7.")!*. 
to  oe  members  of  National  Institute  repealed, 

684,  685. 
authorized  to  use  Library  of  Congress,  733, 

717. 
Governor  of  Territory  to  bo  one  of  the,  723, 

726. 

authorized  to  purchase  City  Hall,  475. 
how  they  should  be  selected,  Cox,  742 ;  Hoar, 

736;  Maynard,  740 :  Monroe,  741;  Storm,  743. 
organization  of,  Barlow,  '.il>;,  919. 
remarks  on  title  of,  A.  Johnson,  485. 
no  right  to  draw  expenses  and  mileage  as 


INDEX. 


1009 


such  and  as  members  of  Congress,  A.  John- 
son, 496. 
programme  of  organization  by  Prof.  Henry 

presented  to,  944. 
have  managed  affairs  wisely,  faithfully,  and 

judiciously,  Witte,  628. 
ought  to  be  sustained,  Clayton,  562. 
memorial  of,  for  new  building,  749,  754. 
memorial  from,  to  Congress  on  extra  fund, 

.V  Mi,  529. 
resolution  relative  to  G.  E.  Badger,  478,  67"), 

676. 
resolutions  adopted  on  plan  of  organization, 

941,  942. 

resolutions  of  compromise,  941,  942. 
resolutions  relative  to  residuary  legacy,  125, 

132, 

resolutions  on  plan  of  organization,  930. 
Rencher,  Abr.,  resolution  by,  170. 
Renwick,  James,  Jr.,  plan  of  building  adopted 

by  Regents,  932. 

Report  of  Prof.  Henry,  extracts  from,  for  1861, 

12:;;  1S112,  125;  1863,125:  1864,126;  1865,127. 

committee  of  Senate  and  House  relative  to 

the  tire  at  the  Institution,  686. 
Committee  on  fire,  extras  printed,  689. 
Committee  of  Regents  relative  to  fire  at  S.  I., 

686. 
Secretary  of  S.  I.  on  residuary  bequest,  12:!, 

125,  126,  127. 

Institution,  printing    ordered  by  Congress, 
478,  487,  490,  504,  505,  506,  516,  517,  518,  511), 
522,  523,  526,  534,  567,  568,  628,  649,  650,  651, 
652,  (553,  654,  672,  673,  675,  677,  682,  683,  685, 
689,  702,  706,  707,  708,  709,  710,  711,  715,  716, 
721,  722,  723,  724,  725,  726,  727,  728,  732,  733, 
745,  747,  748,  753,  754,  756. 
Executive  Committee  of  the  S.  I.  on  residu- 
ary legacy,  128. 
on  the  canal,  710. 
organization  committee  of  Board  of  Regents, 

930. 

Secretary  of  State,  135, 157, 159. 
Report  to  Congress  to  contain  popular  account 

of  memoirs,  Henry,  945, 
digest  of  act  relative  to,  761. 
Reports  on  new  discoveries  in  science,  Henry, 

946. 

progress  of  knowledge,  Henry,  945,  956. 
progress  of  knowledge  authorized  by  Regents, 

941,  942. 

knowledge,  how  distributed,  Henry,  946. 
Reports  of  S.  I.,  why  Congress  should  print, 

Hamlin,  729,  732: 
whv     they    should    be    freely    circulated, 

J.  Davis,  517. 

objections  to  printing,  A.  Johnson,  487,  493. 
2,000  ordered  from  stereotype  plates,  724,  726. 
Researches,  Agassiz,  587,620;  American  Acad- 
emy, 967;    English,  577,  580;    Henry,  945; 
Meacham,  636 ;  Pearce,  541 ;  B.  Peirce,  588, 
619;  Silliman,963;  Witte,  617, 
Residuary  bequest  of  Smithson,  123,  124,  125, 

126, 127, 128.  129, 130, 131, 132,  706. 
Resignation  of  Rufus  Choate  as  Regent,  535. 
remarks  on,   by  Badger,    554;    Butler,  560; 
Clayton,   561;    Douglas,   550;    Mason,   545; 
Seward,  558 ;  Weller,  561. 
debate  in  House  on,  569. 
Resolution  to  retain  proceeds  of  public  lands, 

&c.,  350. 
Resloution  of  Regents  to  enlarge  permanent 

fund,  508. 
Resolutions  by  convention  of  superintendents 

of  schools  in  New  York,  353. 
relative  to  residuary  legacy,  125, 132.    f 
Resolutions  on  plan  of  organization  adopted  by 

Regents,  941. 
Review  of  current  or  emergent  literature,  Wy- 

lie,  983. 
Rewards  for  memoirs  containing  new  truths, 

Henry,  945. 
Rewards,  Humphreys,  976. 

64 


1,'hiTs,  Win.  J.,  loss  by  tin-  .-it  Institution  $1,200, 

688. 

Rhetoric,  Wayland,  840. 
Rhett,  H.  B.,  remark*  i.y,  4W,  5i,s. 
Rhode  Island  Historical  .Society  <>u  programme 

of  organization,  983. 
Rice,  Henry  M.,  remarks  by,  669. 
Rice,  John  H.,  bill  offered  by,  70:5. 

resolution  by,  7<»3. 

Richardson.  Win.  A.,  remarks  by,  676. 
fths 


&  Co.,  account  of  Sinfthson  residuary 
legacy,  128. 
deposit  to  credit  of,  133. 
Ripley,  H.  J.,  on  programme  of  organization, 

972. 
Rives,  W.  C.,  committee  of  Senate,  166. 

remarks  by,  :i27. 

Bobbins,  A.,  bills  offered  by,  166,  167,  168. 
committee  of  Senate,  166. 
remarks  by,  159. 
resolutions  by,  159,  166,  169. 
Roberts,  Ellis  H.,  resolution  by,  725. 
Robinson,  E.,  on  programme  of  organization, 

977. 

Roman  literature  and  history,  877. 
Rothschild,  M.,  to  pay  R.  Rush's  expenses  in 

London,  7. 
Royal  Institution,  London  weekly  meetings  of, 

Henry,  958. 

plan  of,  for  publication,  621. 
Ro3Tal    Society    for    increase    of    knowledge, 

Henry,  950. 
Royal  Society  of  London,  Smithson's  original 

bequest  to,  587,  599. 

Smithson's  misunderstanding  with,  587,599. 
Rules  o{  Institution  relative  to  scientific  publi- 

cations, 621. 

Rush,  Richard,  appointed  agent  to  prosecute 
claim  of  United  States  to  Smithson's  be- 
quest, 6. 

bond  for  $500,000,  to  be  given  by,  6. 
compensation  to  be  $3,000  per  annum,  6. 
contingent  expenses  to  be  $2,000,  6. 
letters  of,  6. 
arrival  in  New  York  August  28,  1838,  with 

Smithson  bequest,  109. 
account  of  Smithson  by,  369. 
elected  Regent,  f><>6,  64'.  ». 
account  of  expenses,  :!!». 
annuity  to  Madame  De  la  Batut,  123. 
in  account  current  with  Thomas  Aspinwall, 

103. 

in  account  with  the  Smithson  fund,  104,  107. 
claim  for  additional  compensation,  260. 
act  for  relief  of,  261. 
proposed  application  of  bequest,  849. 
interpretation  of  act  of  organization,  538. 
object  of  S.  I.,  371,  399. 
plan  of,  discussed  by  Barlow,  912. 
Rusk,  Thos.  J.,  resolution  by,  526. 
Russell,  Samuel  S.,  resolution  by,  628. 

S. 

Salaries,  Barlow,  917,  918;  Chapin,  858. 

Salem  Atheneum  on  programme  of  organiza- 

tion, 972. 

Sales  of  Smithson's  stocks  by  Mr.  Rush,  70,  73. 
Sales  of  stock  of  Smithson  bequest,  115. 
Saracens,  influence  of,  872. 

literature  and  history,  878. 
Sargent,  A.  A.,  appointed  Regent,  728. 
resolutions  by,  733,  752,  754". 
remarks  by,  751,  752. 
memorial  relative,  to  Centennial,  751. 
Sawyer,  Wm.,  remarks  by,  ::sc,,  408. 
Schedule  of  personal  effects  of  Smithson,  108. 
Scholars  exercise  the  widest  and  most  perma- 

nent influence  on  man,  Marsh,  424. 
School  houses,  Smithson's  money  should  have 

been  applied  to,  A.  Johnson,  488. 
School  plan,  Adams,  844;  Darlington,  902;  Du- 
ponceau,  898;  report  of  organization  com- 
mittee, 938. 


1010 


INDEX. 


School  of  mines,  886. 
School  of  natural  science,  883. 
School  of  sciences,  89L 
Science,  object  of,  Marsh,  415. 
not  confined  to  physical  research,  Marsh,  427. 
not  limited  to  material  objects,  Marsh,  415. 
and  literature  to  be  promoted,  165. 
applied  to  arts,  Henry,  946. 
Sciences,  Chapin,  858. 
Scientific  and  literary  institution,  Robbi 

167. 

Scientific  discovery,  Barlow,  912. 
Scientific  investigations  of  the  Institution. 

737.    . 
Scientific  men  demand  everything,  Meacham, 

633. 

Scientific  publications  not  remunerative  to  au- 
thors, Henry,  :r>± 
Scientific   school  not  necessary,  South.   Lit.. 

Mess.,  891. 

Sculpture,  casts  of,  Henry,  947. 
Secretary,  digest  of  act  relative  to,  760. 
duty  of,  Henry,  947. 
management  wise,  faithful,  judicious,  Witte, 

*>— 8. 

powers  of,  Pearce,  545 ;  Uphan 
power  to  remove  assistants,  Berrien,  1 

Taney,  Witt 

recommendations  relative  to  residuary  leg- 
acy, u '. 
report  of,  on  residuary  bequest  of  Smithson, 

123,  l-j:.,  i •_•<;,  i-_-7. 
reputation  or,Amer.  A-'a-l.-m 
qualifications  ..f,  report  of  organization  com- 
mittee,  940,   yt3;   resolution   of  Regents, 
943. 

Seeds,  plants,  and  productions,  Rush,  850. 
Seeds.    See  Tappan  Jk  Owen. 
Selye,  Lewis,  remarks  by,  713. 
Sevier,  Ambrose  H.,  remarks  bv,  JU. 
Seward,  W.  H.,  remarks  by,  558. 
Seymour,  Lady  Elizabeth,  150. 
Shadwell,  Mr.,  selected  by  Mr.  Rush  to  assist 

counsel,  15. 

Sheep,  improvement  of,  Hubbell,  863. 
Sheldon,  D.  N.,  on  programme  of  organization, 

Bhepard,  C..  House  committee.  171,  200. 
Sherman,  Gen.  W.  T.,  elected  Regent,  721. 
Sherman.  John,  remarks  by,  692,  706. 

resolution  by,  7_'7. 

Sherwood,  Isaac  R.,  resolution  by,  7:1. 
Shipping  expenses  of  gold  t  -fates, 

103,101,  KM,. 

Silkworms,  raising,  Hubbell,  863. 
Silliman,  Benjamin,  on  programme  of  organiza- 
tion, 962. 
Silliman,    Benjamin,    Jr.,   on   programme  of 

organization,  964, 
Simmons,  James  F.,  remarks  \>\. 
Sims,  Alex.  D.,  committee  of  House  of  Repre- 
sentatives, 354. 

bill  offered  by,  459. 

remarks  by,  436,  438,  440,  460. 

resolution  by,  465. 
Singleton,  O.  R.,  resolution  by,  756. 
Site  of  buildings,  digest  of  act  relative  to,  761. 
Skinner,  J.  8.,  memorial  of,  -•;•_'. 
Smith,  Albert,  of  Maine,  House  committee,  200. 
smith,  Aug.  w.,  on  programme  of  organization, 

Smith,  F.  O.  J.,  committee  of  House,  171. 
bmitn,  Henry,  on  programme  of  organization 

989. 

Smith,  John  A.,  memorial  of,  20- > 
Smith,  Samuel  A.,  resolution  by,  658, 
Smith,  Truman,  committee  of  House  247 

remarks  by,  494,  498. 
Smith,  Wm.,  remarks  by,  531. 
Smithson,  Hugh,  150.     ' 

n,  James,  account  of,  9, 10, 12,  36,  61,  62, 


bequest  of,  9,  58,  61,  68, 69,  394. 


Smithson,  James—  Continual. 
character  of.  1:1,  »;•_',  :;..i,  \\  ,  ;s,  547, 

61V  it.  8 
character  of  institution,  founded  l.v,  i 

- 

o«tat«>  of,:..  11..-.-.  Ti.Ti.  If,  irj. 
•  •-tat.>  of  Col.  l»irkin-.n.  r.-nMvi-.l  i 
int.-nded  to  leave  fortune  to  i;..vai  .- 

•' 

library  not  r.-mir.-d  by,  :,*>.  r,i;i. 
notice  of  Bmithaon  Tennant, 
opinions  of,  4&s  •>[:>. 

publication  of  pai»<- is  of,  rHu-rd  i,\-  Koval  So- 
ciety, :.S7,  «!•_'»  i. 

personal  property  oi,  71,  7s,  l"l,  ins,  117,  us, 
••     •  ' 


,  KL 

sentiments  exp: 
will  • 

writ  in- 
Smithsonian     Contrilnitions     to      Knowledge, 
Henry,    !»r.:     Martin,    '.'7'.':     Parka: 
Rhode  Island  Historical  >,, 
lotion  oi  i;..ir.-nt-.  -.11. 

Smithsonian    Institution    -h..ul-i     !><•     l..-v..nd 
reach  of  i  iov.-rnm.-nt,  Mario'.1. . 

Snell,  1'i-of.  i 

~ 

Society  for  th«-  <lirJ'u-ion  ..f  religious  knowl- 
edge, n-'ii 

Society  for  diffusion  of  useful  knowl.-di;. 
Hen: 

Solar  tables,  Man!- 

1  P.  Ku-li.  s-. 

Solution  of  experimental  prol.km-,  II.  MI: 

South  marki  i-y,  MI. 

Southern  Ln.     r  .    Messenger,  prop.. -.-d  appli- 
cation of  bequea 

Sparks,  .lan-d,  .HI    pi-om-ainm.-  of  oru'ani/.ation, 

970. 
Sparrow,  Win.,  on  programme  .,1 '  .,,  ^aui/.ation, 

Spauldimr,  I!.  «;.,  r.-mai 

..    llum.-r, 

White,  Jones,  i>a\i-,  winthr.e 

Banks,    (),-,-,     I'cnninL'toii,    <;r.,\v,    Colfax, 
Elaine,  Kerr. 

Specimens,   distribution   of  secd<,    plants,  A.-., 

Tappan,  •_'•;_',  :;n:i. 
to  !)••  •  i  arranir.-d.  '  • 

Speculation-,  h,,w  to  i.  Iraer.  Acad- 

emy, 

Speculation-  to  !„•  i-.-i--.-ted,  Henry.  !»(.',,  ii.vj. 

Speight,  Je^e,«pecial committee  of  House,  IK 

Spencer,  John  C.,  report  of  Secretary  Tr-'asury, 

Spinner,  Hon.  F.  E.,  deposit  with,  l_'.v 
Squier  &  Davis  <m  monuments  of  the  Mis-js- 
sippi  Valley,  :    Moore,  971;    Waylaud, 

St.  John's   Toll, •!•;,.,    Annapolis,    Md.f  on   pro- 
irramme  of  organi/ation,  :i7f.. 

'..  .1.  M.,  loss  of  pictures o£  by  fire.  120,000. 

Stanton,  Benfamin.  appointed  Kegent,  t;r,n,  c,7j. 

res,,liitj,,n  by,  «'.7'J. 
Stanton,  ]•'.  p.,  n-mnrks  l.\ 
Stanton,  Kiehanl  H.,  reeolatioQ  bv,  .v;j. 
Statement  of  Smith-on  fund,  W.).' 
Statement  of  stocks  of  Smithson  f.m<l,  usa. 
State.  Secretary  of,  letters. :»,  - 

to  Committ n  Ways  and  Means,  l.vr. 

to  Committee  on  Finance.  1.77,  i:,s. 

co-operation  asked  i»\-  Institution,  !i|.i. 
States  in  d. .fault  for  interesl  n..t  to  have  pro- 
ceeds of  sales  of  land- 
Statisues,  Henry,  (.i4t;,  !M7  :  Marlow,  !r_'l. 
State  Rocks,  acts  for  inv.-stm.-nt  in.  i:,s. 

act  to  prohibit  inv.-stment  iii,  L'|:.,  -Jin. 

account  ..t.  Adam-,  250, 

offers  of,  request. -d  i>v  s,.,-:-.-tarv  of  Treasury 
Woodbury,  277.  278. 
of  bonds,  262. 


INDEX. 


1011 


State  stocks  offered  for  Smithson  fund- 
Arkansas,  285,  287,  288,  289. 
Delaware,  286. 
Illinois,  284,  287,  288,  290. 
Indiana,  277,  278,  281,  283,  285,  286,  287. 
Kentucky,  283,  288,  289,  290. 
Louisiana,  280. 
Maine,  282,  284. 
Massachusetts,  283,  290,  291. 
Michigan,  279,  287,  290. 
Mississippi,  277,  278,  282,  285, 
Missouri,  285,  286. 
New  York,  281,  290,  291,  292. 
Ohio,  287,  289,  291,  292. 
Pennsylvania,  289. 
Tennessee,  278. 
Virginia,  279,  280,  284,  285. 
Steam,  Atlantic  crossed  by,  in  1838,  Rush,  854. 
Steam    boilers,   explosion    of,    investigation, 

Henry,  955. 

Steam  navy,  Hubbell,  860. 
Stephens,  Alex.  H.,  resolution  by,  649. 
Stereotype  plates  of  reports  to  be  reprinted,  722, 

724,  726. 

Stevens,  Thaddeus,  remarks  by,  520,  680,  703. 
Stevenson,  Mr.,  United  States  minister  to  Eng- 

land, 10,  14,  58. 
petition  from  Mr.  De  la  Batut  sent  through, 

37. 
Stevenson,  J.  W.,  memorial  relative  to  Centen- 

nial, 751. 

resolutions  by,  724,  727,  728,  748. 
remarks  by,  724,  748,  752. 
appointed  Regent,  724. 
Stewart,  A.  P.,  on  programme  of  organization, 

983. 

Stewart,  A.  T.,  proposed  as  Regent,  727.  734,  739. 
Stock,  sales  of  Smithson's,  by  Mr.  Rush,  70,  73. 
Stocks  in  which  Smithson  fund  was  invested, 

252,  257. 

Stocks.    See  State  stocks. 
Stocks  of  United  States  held  in  trust  for  Smith- 

son  fund,  824. 

Storm,  John  B.,  remarks  by,  743. 
Storm  King,  appropriations  for  Prof.  Espy,  the 

so-called,  530. 

Storms,  law  of,  Silliman,  963. 
Storms  to  be  investigated,  Henry,  945. 
Stuart,  D.,  remarks  by,  532. 

appointed  Regent,  526. 
Students,  two  from  each  State  to  attend  lectures, 

have  expenses  paid,  &c.,  Rush,  855. 
to  be  selected  from  States,  Sawyer,  406. 
to  be  admitted  free,  Tappan,  262,  263,302,  303  ; 

Owen,  359. 

admission  of,  action  of  House  on,  463. 
to  pay  board  by  labor  on  farm  of  S.  L,  King, 

406,  408. 

Suits  of  nations  by  their  executive  heads,  23. 
Stunner,  Chas.,  resolution  by,  675,  704,  727. 

remarks  by,  690,  704. 

Superintendent  of  Institution,  to  be  also  pro- 
fessor  of    agriculture    and    horticulture, 
Tappan,  263. 
to  be  professor  of  agriculture,  horticulture, 

and  rural  economy,  Tappan,  302. 
"o  be  librarian  and  keeper  of.  the  museum, 

Owen,  358. 
Surgery,  Beck,  961. 
Surrey  Institution,  for  diffusion  of  knowledge, 

Henry,  950. 

Surveys,  Silliman,  963. 
Surveys  of  places  celebrated  in  American  his- 

tory, Henry,  946. 
Swain,  David  L.,  on  programme  of  organization, 

991. 

Swedish   Academy,   report   of  Berzelius    to, 
Henry,  956. 


Taney,  Chief  Justice,  interpretation  of  act  of 
organization,  538. 


Tappan,  Benj.,  bills  offered  by,  262,  302,  332. 
Senate  committee,  247,  262. 
remarks  by,  245,  3^4,  326,  :m,  337,  349. 
object  of  S.  I.,  372. 

Tappan's  plan  discussed,  Barlow,  913. 
Taylor,  N.  G.,  appointed  on  Committee  of  In- 
vestigation, 573. 

report  of  Committee  of  Investigation,  608. 
Telegraph,  discovery  and  invention  of,  Hoar, 

737. 

Temples,  models  of,  Henry,  947. 
Temujin,  history  of,  877. 
Tennant,  Smithson,  notice  of,  867. 
Ten  Eyck,  John  C.,  resolution  by,  663. 
Theology,  Elliott,  985. 

Theological  Seminary,  Fairfax,  Virginia,  on  pro- 
gramme of  organization,  974. 
Thomas,  Benj.  S.,  remarks  by,  682. 
Thomas,  Francis,  committee  of  House,  148. 
Thomson's  Annals  of  Philosophy,  866. 
Thompson,  Jacob,  resolution  by,  519. 
Thompson,  Waddy,  committee  of  House,  171. 
Thrall,  Dr.  H.  L.,  report  on  axial  forces  of  mat- 
ter, 992. 
Thurman,  A.  G.,  remarks  by,  440, 448. 

resolution  by,  468. 

Tibbats,  John  W.,  resolutions  by,  461,  462,  467. 
Time,  computation  of,  216. 
Title  to  suit  in  name  of  the  President  of  United 

States  of  America,  21. 
Toland,  Geo.  W.,  resolution  by,  237. 
Toombs,  Robert,  remarks  by,  563. 
report  of  Committee  on  Judiciary  on  man- 
agement of  Institution,  563. 
Topographical  surveys,  Henry,  945. 
Totten,  Joseph  G.,  proposed  as  manager  of  S.  L, 

334,  349. 

proposed  as  Regent,  360. 
elected  Regent,  506,  649. 

Toucey,  Isaac,  report  of  Committee  on  Judi- 
ciary on  management  of  Institution,  563. 
remarks  by,  563. 

Transactions   of  American   Philosophical    So- 
ciety, 897. 
Transfer  of  library  of  Smithsonian  to  Congress, 

704,  707. 

Transfer  of  specimens  from  Land  Office,  724. 
Translations,  Henry,  946,  956. 
Treasury,  Secretary  of,  to  invest  bequest  in 

State  stocks,  158. 

claims  that  Smithson's  residuary  legacy  is 
not  under  the  control  of  the  Regents,  129. 
co-operation  asked  by  Institution,  943. 
investigation  of  explosions  of  steam  boilers, 

Henry,  955. 
report  from,  on  Smithson  fund,  236,  24G,  252, 

266,  268,  637. 
to  retain  proceeds  of  sales  of  lands  from 

States  in  default  for  interest,  351. 
to  receive  deposits  by  Regents,  709. 
proposals  for  State  stocks,  277,  278,  286,  287, 

288,  290,  292. 

Treasury  of  United  States,  account  with  Smith- 
son  fund,  803. 

Regents  ask  Congress  to  place  $150,000  in,  507. 
to  receive  residuary  legacy  of  Smithson,  709. 
Treatises  on  particular  subjects,  Henry,  957. 
Trinity  College,  Hartford,  Ct.,  on  programme  of 

organization,  992. 

Trumbull,  Lyman,  bill  offered  l«y,  i;s3. 
resolutions  by,  r>7.\  683,  685,  706,  707,  710,  721. 
remarks  by,  684,  r,»$,  699,  705. 
appointed  Regent,  673. 
memorial  passed  Senate,  132. 
Trust,  nature  of  the,  Adams,  843;  Chandler.  648, 
645;  English,  581,  Garlk-ld,718:  G.  F.  Hoar, 
736;  report  of  Committee  on  Judiciary,  ."it1.:1,. 
Trustee,  duties  of   United  States  as,  865;    J. 
Davis,  701:    Hendricks,  C,9l5;    Henry,  nU; 
Hilliard,  497  :  Hunt,  461 ;  A.  Johnson,  495. 
Trustees,  duty  of,  Adams,  153:  Rathbun,  456; 

Thurman,' 448;  Trumbull,  698;  Wick,  460. 
of  Public  School  Society  of  New  York,  report 
of,  404. 


1012 


INDEX. 


Tucker,  Geo.,  proposed  as  manager  of  S.  I..  334, 

349. 
Twichell,  G.,  resolution  by,  714. 


TJ. 


"Underwood,  Jos.  R.,  committee  of  House,  '_'17. 
Union  Theological  Seminary  on  programm   of 

organization,  977. 

United  States  of  America,  bequest  to.  2. 
United  States,  first  suit  or,  in  an  English  com -t, 

23. 
stocks  and  bonds,  account  of,  127,  l_-.  i 

256,269,  270,  639,  HJ I. 

right  of,  to  prosecute  claim  for  beqn. •--. 
United  States   .Military  Academy,  W.--t  Point. 

See  Military  Academy. 
Universities  of  Germany,  account  of,  Hubbell, 

862. 

University  of  Alabama  on  programme  of  organ- 
ization, 989. 

of  Gottingen,  Chapin,  858. 
of  Nashville,  Tenn.,  on  programme  of  organ- 
ization, 982. 
of  North  Carolina  on  programme  of  organ  i /.a  - 

tion,991. 

plan  for  8. 1.,  Adams,  844:  John  Q.  Adams, -.'in  : 
Barlow,  911,  !HJ;  rhapin,  .v.7  :  <  h« 
Cooper,838;  "Delta,"  871,  .vs:s:  Darlington, 
90S;  Hale.668:  IIIII.JM-II,M;I:  A..J..IIH-..I,.  l«j; 

Morse,  430:    Pre-t ui,  !»•_':    Kn-h,  sf.i; 

Bobbins,  i.vi,  x;i:  Southern  Liter.-, 

semrer,  v.i-_':  Stand >n,:;'.i!i :  Tampan, :/>_' :  !'p- 
ham,  •")'.!•_' :  Wayland,  >:;:i. 
Upham,  rhas.  W., bill  offered  by,  .v_'T. 
resolutions  l.y,  .v_>7,  .">7|. 
appointed  on  Committee  of  h:\e-tii:ati"n, :.:::. 
report  of  Committee  i.f  hive-- 
remarks  by,  :,s-.i. 

Upson,  Charles,  remark-  by,  71i'. 
Useful  arts,  efforts  of  S.  I.'  t«  be  re-tri.-t--d  t.., 
report  of  organ  ization  committee,  !i:jr.. 


Vail,  A.,  letters,  4. 

Van  Buren,  M.,  message  of  President,  l.Y). 
application  of  bequest,  837. 
on  object  of  s.  I.,  :;TO. 

Vance,  Robert  B.,  resolution  l.> 

Velocity  of  electricity  and  light)  invc-tiiration 
of,  Uenry,  '.Hi;. 

Vesuvius,  account  of,  by  Smith.-. MI.  - 

Victoria,  Queen  of  England,  Smitbaon'a  i.«-,,n,.>t 
granted  by  euiirt  in  first  year  of  r.-iirn,  i;-j. 

Vice-President  of  the  I'nited  state-,  x,,  Dal- 
las, Fillmore,  King,  Atchison,  Ilritrlit, 
Breckinridge,  Hamlin,  Colfax,  <'an>enter. 

Vinton,  S.  F.,  remarks  by,  388. 

"W. 

Waite,  M.  R.,  memorial  relative  to  Centennial, 

Walker,  Isaac  P.,  resolution  by,  508. 
Walker,  R.  J.,  remarks  by,  144,  -J4-J,  :;4(i,  :,12,  513. 
Wallach,  Richard,  resolution  by,  relative  t,,  re- 
siduary legacy,  130. 


report  on  fire,  689. 
Wallenstein,  M. 


,  ~wv. 

Warner,  Hiram,  appointed  Regent,  r,4'.i. 
Warren,  Edw.  A.,  resolution  by,  529. 
War,  Secretary  of,  co-operation  aske.i  l,\-  Insti- 
tution, 943. 

Washburn,  Jr.,  Israel,  resolution  by,  ~>~;-> 
Washburne,  E.  B.,  resolution  by,  >;s-'  ?»i. 
remarks  by,  703,  704,  712. 


Washington  "ii  a  National  Tnivt-r.-ity,  894. 
Washington,  Smlthson's  i.eqiii->t  for  benefit  of 
I:HI.  M-. 

antural  advantages  ot,  .Mur<li,  Jl>. 

wbySmitheon  tixe.i  Institution  at,  Hen 
Waterville-Oollege  on  proirnumne  i.r  organiza- 

ti«.n,  II'.IL'. 
Wayland,  Fraiiei-,  ,,i,jt.,-t  ..t  9,  I 

on  application  of  lir.jii, 

"ii  programme  «\  «r.i;ani/.ati')n,  !<T7. 

plan  of,  <li-eu--e,|,  I'.arlow,  '.ill'. 
\\'ay-an«i  Ueans  Committee,  Secretary  of  - 

letter  to,  i:,7. 
\\'elp-f-r,  ll..ra--.',  «.n  i.nurrainine  of  organizn- 


Webster.  N'-ah,  -pelliim  1  .....  k,  int 
Weller,  .I-,),  n  l;..  n-inark-  l-\,  .Mil. 

Well-.  Daniel,  appointed  on  <'"i 


1  .....  k,  intliienee  , 
il. 

'"inniitt.-e  .,f  in- 


t"    sign   report  of   Commitf  •••   ..11 
Inve-tiirati. 
Wentw..rtli.  .l,,hn,  re-"Iuti«.n  I. 

reinarU-l.\ 

W.--leyan    rni\-,.r-ity,    Middletown,  Conn.,  "ii 
programme  of  orirani/ation,  1.7  I. 
.It,  .lam.-  [>.,  remark-  l.y,  IT.  . 
\v.-t,-rn  Theological  Seminary,  Alle-iianyi  ii.v, 
I'enn.,  on  j.rou'rammc  of  organisation.  MSI'. 
W.  Si    Point     Military   Acadei  litary 

Academy. 

on  |in>L'rainm.-  ..f  ..rL;ani/:iti..ii.  '.77. 

Wetbered,  .i"!m,  appointed  on  e..int;iittei-  "f 
Hon-e  «.t  Elepresentativen,  . 

Whipple,  (  In-.  .!..  <>n    pi"'_'iaiiime  of  .•riraiii/a- 

tion. 

White,  Miiirh.  resoiationi  by.  i>.  n 
White,  John,  Speaker,  appointed  committee-, 

White/T.  W..  letter  t.  ..on  bequest, 
Whitney,.!,  i  ftl  services  of,  Hoar,  739. 

Whittle-.-y.  r'.li-ha,  mcmoria'  of,  -_'i;-_'. 

.     \'\  ..  remark-  l.\ 
Wilde.  Henry,   proposed   a-    mana-.'er  of  S.    I., 

• 
Wilke-'  c\pl..riim  exjiedition.     S»    KxpI"H:m 

lition. 
Wilke-'  .\arrati\e,  plat---  and  em:ra\  inir- 

delivre.l  • 

Will  of  .lame-  Smith-..  11.  I.   >l  I 
William    N..  in   <  'ham-en,  f. 

Who'll     ca-e     ••!     Slllitll-oll     l.e.jl|e<t     Wa-     !••- 

ferred,  26. 

William  and   Mary  College,  Va.,  mi  pro^rami  i  :•• 
of  organization^ 

William-  <  ulle^c,  Ma  —  .,  on  ]>r.>t:ramme  of  or- 

tranixatioii,  :i7-_'. 
Williams,  John,  on 


Wilinot.  David,  committee  of  II.  m-.  •,:;:,!. 
Wil-oii.  II  ory,  resolations  by,  675,  711. 

remark-  !•;. 
Wil-oii,  Jam-'-  P..  on  prom-amnie  of  or 

tion. 
Wilson1-  -acritiee-  f  •  j.roduce  hi-  work,  Henry, 

962. 
Winthrop,  R  C.,  appointed  iretrcnt-,  1-7. 

nilini:  bV 

Witte,  W.  II.,  remarks  by,  (Uis. 
appointe.ion  Commits  .....  f  [nrestigation,  573. 

r.-port  of  (  'i.mmitte.-  of  liiVe-tiL:ati"ii(  »',o,s. 
Wood,  Brad.  15.,  r.-mark-  ' 

resolution  by,  MI. 
Wood.  F.,  remarks  b\  .  7  ;  •. 
W.H,,ibury,  Levi,  remarks  by,  -ji-j,  -JH,  :;•_•.'.,  :j:^i, 

340. 
request  for  offer-  of  Stat'-  -t  n-k-,  -J77,  -_'7>,  -_'-t,,- 

ftr. 

Woods,  Leonard,  on  programme  of   orirani/.a- 

tion,  978. 

w..oi-ey,  T.  D..  proposed  M  Regent,  674,  G81. 
elected  a-  i;eLcent,i;.-i.  710,  71  1. 

W..rks  on   sciences,  Ac.,  t.«  be  i.nbli-lH-d   and 
sold  at  cost,  Tappan,  :Jo-j. 


INt)EX. 


1013 


Works  published  by  the  Institution,  account  of, 

English,  577. 
Wray,  Mr.,  represented  Attorney  General  of 

England  in  Chancery,  20. 
Wylie,  Andrew,  on  programme  of  organization, 

982. 


Yale  College  on  programme  of  organization, 

962. 
Yeas  and  nays,  House,  352,  434,  435,  436,  4G1,  462, 

463,  464,  405,  466,  467,  468,  469,  504,  671,  572, 

573,  652,  653,  713,  714,  767. 


Yeas  and  nays— Cantinued. 

Senate,  146, 169,  353,  354,  672. 
Yell,  Arch.,  remarks  by,  388,  483. 
Yost,  Jacob  S.,  appointed  on  committee  of 

House,  266. 
Young,  Casey,  remarks  by,  755. 

z. 

Zoological  garden,  Poinsett,  899. 
Zoological  institute,  885. 
Zoological  menageries,  881. 
Zoology,  Henry,  946 ;  Silliman,  963. 


168593 


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